W912er 16 R 0010 PDF

1.
THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)
SOLICITATION, OFFER AND AWARD

2. CONTRACT NO.
4. TYPE OF SOLICITATION
[ ] SEALED BID (IFB)
3. SOLICITATION NO.
W912ER-16-R-0010
US ARMY CORPS OF ENGINEERS-CETAM-CT
MIDDLE EAST DISTRICT, CETAM-CT
PO BOX 2250
WINCHESTER VA 22604-1450
W912ER
OF
PAGES
239
6. REQUISITION/PURCHASE NO.
8. ADDRESS OFFER TO
(If other than Item 7)
See Item 7
TEL:
PAGE
30 Aug 2016
[ X ] NEGOTIATED (RFP)
CODE
7. ISSUED BY
5. DATE ISSUED
RATING
CODE
TEL:
FAX:
FAX:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if
handcarried, in the depository located in
until 02:00 PM local time 03 Oct 2016
(Date)
(Hour)
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
conditions contained in this solicitation.
10. FOR INFORMATION A. NAME
CALL:
(X) SEC.
X
X
X
X
X
X
X
A
B
C
D
E
F
G
H
B. TELEPHONE (Include area code)
(NO COLLECT CALLS)
C. E-MAIL ADDRESS
11. TABLE OF CONTENTS

PAGE(S) (X) SEC.
DESCRIPTION
PART I - THE SCHEDULE
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
DESCRIPTION/ SPECS./ WORK STATEMENT
PACKAGING AND MARKING
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
CONTRACT ADMINISTRATION DATA
SPECIAL CONTRACT REQUIREMENTS
1
2-5
6 - 33
34 - 35
36 - 37
38 - 39
40 - 64
DESCRIPTION
PAGE(S)
PART II - CONTRACT CLAUSES
I CONTRACT CLAUSES
X
65 - 182
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
J LIST OF ATTACHMENTS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
REPRESENTATIONS, CERTIFICATIONS AND
K
X
183 - 198
OTHER STATEMENTS OF OFFERORS
L INSTRS., CONDS., AND NOTICES TO OFFERORS
X
199 - 204
X
M EVALUATION FACTORS FOR AWARD
205 - 239
OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within
calendar days (60 calendar days unless a different period
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite
each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
to the SOLICITATION for offerors and related
documents numbered and dated):
15A. NAME
CODE
AND
ADDRESS
OF
OFFEROR
AMENDMENT NO.
AMENDMENT NO.
DATE
FACILITY
DATE
16. NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN OFFER (Type or print)
15B. TELEPHONE NO (Include area code)
15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
19. ACCEPTED AS TO ITEMS NUMBERED
20. AMOUNT
17. SIGNATURE
18. OFFER DATE
AWARD (To be completed by Government)

21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)(
41 U.S.C. 253(c)(
24. ADMINISTERED BY (If other than Item 7)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
CODE
25. PAYMENT WILL BE MADE BY
26. NAME OF CONTRACTING OFFICER (Type or print)

TEL:
ITEM
(4 copies unless otherwise specified)
27. UNITED STATES OF AMERICA
EMAIL:
CODE
28. AWARD DATE
(Signature of Contracting Officer)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable
33-134
STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA
FAR (48 CFR) 53.214(c)
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Section B - Supplies or Services and Prices
ITEM NO
0001
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
USACE Personal Services Base Period

FFP
USACE Personal Services - Afghanistan. Total Capacity is $85 million. Estimated
Ordering Period is 1 year, with the exact dates being provided upon contract
award. Pricing is established on the Price Breakdown Worksheet. The
Government may elect to order some or all of the services listed on the Price
Breakdown worksheet during the ordering period. Offerors shall insert the total
amount from the Price Breakdown Worksheet in the CLIN Amount here.
FOB: Destination
NET AMT
ITEM NO
0002
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
USACE Personal Services First Option

FFP
FOB: Destination
NET AMT
AMOUNT
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ITEM NO
0003
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
USACE Personal Services 2nd Opt

FFP
USACE Personal Services - Afghanistan. Total Capacity is $85 million.
Estimated Ordering Period is 1 year, with the exact dates being provided upon
contract award. Pricing is established on the Price Breakdown Worksheet. The
FOB: Destination
NET AMT
ITEM NO
0004
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
USACE Personal Services 3rd OPT

FFP
FOB: Destination
NET AMT
AMOUNT
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ITEM NO
0005
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
USACE Personal Svcs 4th OPT

FFP
USACE Personal Services - Afghanistan. Total Capacity is $85 million.
Estimated Ordering Period is 1 year, with the exact dates being provided upon
contract award. Pricing is established on the Price Breakdown Worksheet. The
FOB: Destination
NET AMT
ITEM NO
0006
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
USACE Personal Svcs 6 month ext of svcs

FFP
USACE Personal Services - Afghanistan. 6 month extension of services. Pricing is
established on the Price Breakdown Worksheet. The Government may elect to
order some or all of the services listed on the price breakdown worksheet on the
ordering period. Offerors shall insert the total amount from the Price Breakdown
Worksheet in the CLIN Amount here.
FOB: Destination
NET AMT
MINIMUM GUARANTEE
In accordance with Federal Acquisition Regulations (FAR) 52.216-19, the minimum order for this contract is
$1,000.00 and the maximum order for a single item under this contract is $20,000,000.00.
The total minimum guarantee under this contract is $5000.00 for the base period and all option periods (if exercised
by the Government) combined.
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Subject to Availability of Funds: Funds are not presently available for this acquisition. The acquisition is
subject to the availability of funds at the time of contract award. See Section I, Clause 52.232-18.
INITIAL TASK ORDERS
All pricing shall be submitted on the Price Breakdown Worksheet. The Price Breakdown Worksheet constitutes
binding price through the potential life of the contract and will be incorporated into the contract award as a Unit
Price Book for the successful Offeror. The prices for services ordered by task order through the entire term of the
contract will be derived from the Unit Price Book.
The Government intends to award task orders on or about the contract award date for mobilization and phase-in,
and for full performance of services within a short time afterwards. Offerors should reference the Task Order
Performance Work Statement (PWS) for information purposes only in order to understand the Governments
current anticipated requirement, and to prepare for rapid mobilization shortly after contract award. Offerors shall
NOT provide separate pricing for the Task Order PWSs with their price offer; all pricing shall be provided on the
Price Breakdown Worksheet only. However, Offerors shall assume that the same level of services will be ordered
throughout the life of the contract for price evaluation purposes, and shall therefore use the quantities of services
listed in the Task Order PWSs to price their quantities on the Price Breakdown Worksheet. While the Government
may order the services as listed in the Task Order PWSs during the base period of performance, no guarantee will
be made on the level and type of services until task order issuance.
As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8)
by adding six (6) months of the Offeror's final option period price to the Offeror's total price. Offerors are required
only to price the base and option periods. Offerors shall not submit a price for the potential six month extension of
services period. The Government may choose to exercise the Extension of Services at the end of any performance
period (base or option periods), utilizing the rates of that performance period.
CLAUSES INCORPORATED BY FULL TEXT
252.204-7003
CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
The Contractor's procedures for protecting against unauthorized disclosure of information shall not require
Department of Defense employees or members of the Armed Forces to relinquish control of their work products,
whether classified or not, to the contractor.
(End of clause)
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Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
USACE Personal Services Afghanistan

PERFORMANCE WORK STATEMENT
17 May 2016
1.0 DESCRIPTION OF SERVICES
The U.S. Army Corps of Engineers (USACE), Transatlantic Division (TAD) requires Contractor provided Afghan
national subject matter experts to perform on-site construction management support services for assigned projects
throughout the Transatlantic Afghanistan District (TAA). These positions shall replicate typical foreign national
service (FNS) employee positions obtained by U.S. Government Agencies to support overseas projects and
locations. This contract is for Personal Services in exclusive support of the USACE TAD mission throughout
Afghanistan.
Contract Period of Performance (POP): This contract is for a one year base period and maximum of four (4)
one-year option periods.
2.0 DEFINITIONS OF WORDS AND TERMS
A word or term, defined in this contract, maintains the same definition found in Part 2 of the FAR unless
specifically defined within this document otherwise.
3.0 CONCEPT OF OPERATION
This contract is performance-based; as such, successful performance of the contract is the complete staffing of
USACE-required positions with qualified subject matter experts. The USACE concept of operations is for the
Contractor to provide support personnel to fill positions throughout Transatlantic Afghanistan (TAA) District.
The Contractor shall furnish their own office site, labor, materials, equipment and transportation to accomplish the
requirements stated in this contract. The Contractor shall establish a Contract Management Plan (CMP) that will lay
out the requirements necessary to provide administrative and logistical support and oversight for all Contractor
personnel and equipment. This plan shall be submitted to the Procuring Contract Officer (PCO) within ten (10)
days of contract award.
3.1 Contractors Key Personnel:
The CMP will identify all key personnel. The CMP will contain an organizational chart that clarifies the structure,
and it shall define the interface among the Contractor, the Contractors Key Personnel and Contracting Officers
Representative(s) (CORs).
3.1.1 Criteria for Key Personnel:
In-country Program Manager:
The in-country Program Manager (PgM) shall be physically located in Afghanistan and shall be authorized to act on
behalf of the Contractor for all matters relating to this contract. The PgM shall possess all necessary background
checks and credentials for operating in theater, and provide at time of solicitation a certificate stating proficiency in
written and spoken English at Level 1 as defined in paragraph 7.8.3. The PgM shall have a minimum of 2-year
junior college level degree, or equivalent. The PgM shall possess a minimum of ten (10) years of pertinent
experience in the position to which they will be assigned. Professional certification in either project management or
safety is preferred. The PgM must be available for contact during working hours or as required by the Contracting
Officer.
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Additional key personnel identified by the Contractor shall be possess all necessary background checks and
credentials for operating in theater, and be proficient in written and spoken English at Level 1 as defined in
paragraph 7.8.3. They shall also be knowledgeable in country specific requirements of Afghanistan. One example
of country specific requirements; the Contractor will have familiarity with vetting and badging requirements at the
various forward operating bases (FOB), Afghan National Army (ANA) and Afghan National Police (ANP)
facilities. These personnel will report upward to a single Contractor management authority within the Contractors
organization. Each Contractor employee will work directly with their respective team lead and the team lead will be
accountable to the In-country Program Manager.
3.2 Afghan National Field Personnel:
The Contractor shall ensure the readiness of Contractor Afghan National Field personnel and equipment to prevent
gaps or denial of services at all times throughout the performance period of the contract. The Contractor shall
ensure that the Contractor work force is properly recruited, trained, certified where appropriate, outfitted, fielded,
and supplied to successfully perform their duties in accordance with the provisions of this contract. These positions
are not authorized to tele-work outside the country of Afghanistan.
The Contractor shall maintain all necessary administrative files to include personnel records, invoices, investigation
reports, licenses and other documentation supporting contract execution. The Contractor shall promptly conduct the
necessary investigations into allegations of wrongdoing or poor performance by Contractor personnel. The
Contractor will provide expeditious remedy of any deficiency in the quality of service and provide notification to
the Contracting Officer Representative (COR), Contract Specialist (CS) and the PCO.
The Contractor shall coordinate the provision of Contractor Afghan National Field personnel to meet the USACE
requirements as detailed in the Position Descriptions in Appendix A of this PWS. Typical positions being sought to
be filled are listed below. The approximate total number of projected positions country-wide is 250.
Positions are listed alphabetically:
Administrative Assistant
Administrative Officer
Cost Estimator
Lead Engineer Assistant*
Engineer Technical Assistant (Civil)*
Engineer Technical Assistant (Electrical)*
Engineer Technical Assistant (Mechanical)*
Engineering Technician Assistant*
Logistics and Supply Specialist
Program Manager
Project Engineer Assistant(PE)
Quality Assurance Representative (QAR)
Safety Officer
Translator
Positions marked with an * are Technical Positions
Salaries for the base year and for option years shall be established in each Task Order as applicable. Base salaries
are referenced in the price breakdown worksheets.
3.3 Work Schedule:
In accordance with DFARS Clause 252.233-7001, Choice of Law (Overseas), work schedules, overtime pay and
holidays may not conform to Afghan Labor Laws. Each required position is based on a Full-Time Equivalent (FTE)
of 3,120 hours per year. The typical duty week shall be from Saturday through Thursday essentially 10 hours per
day, 6 days per week, for 52 weeks; although, the United States Government (USG) maintains the unilateral right to
adjust work day hours within each work week to accommodate project oversight requirements and workload. For
this contract, an FTE is defined as the number of total hours required to be worked in a work year. For example, if
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the work year is defined as 3,120 hours, then one worker occupying a paid full time job all year would constitute
one FTE.
The Contractor is responsible for ensuring that all positions are covered adequately. All positions theater-wide must
be filled on a continual basis with no gaps in staffing, to include personnel availability during holidays and leave, as
needed and directed by USACE. It is the responsibility of the Contractor to ensure for personnel on leave, that there
are adequate backfill personnel available to ensure work coverage at all times, in coordination with the assigned
USG Supervisor and/or COR. The USG has the unilateral right to release employees for holidays and other leave
periods.
3.4 Time Clarification:
3.4.1 Travel to and from work:
Ordinary home-to-work travel by Contractor employees that is, travel involved in reporting to work at the start of
the day and returning home at the end of the day does not count as time worked. However, once the employee has
reported to work for the day, time spent traveling from one project site to another as part of their duties, shall be
reported as time worked.
3.4.2 Over-Time (OT) Hours:

All OT (hours worked beyond 60 hours per week) must be pre-approved in writing. The USACE supervisor and a
USACE manager will be the approver and reviewer of OT requests. If a contract employee is required to work
more than 60 hours in any calendar week, Saturday through Thursday, OT compensation shall be provided at a rate
1.25 normal rate. Working on Fridays or official Afghanistan Holidays does not automatically grant the employee
hours at the OT rate.
3.4.3 OT hours shall be logged on the Contractor employees monthly timesheets and verified by the
contractor and USG.
3.5 Holiday Leave:
3.5.1 The following Holidays shall be observed:
Victory Day - One (1) Day of Holiday

Start of Ramadan (Awal Ramadan) - One (1) Day of Holiday
Eid al Filtr (End of Ramadan) Three (3) Days of Holiday
Independence Day (Jeshen) One (1) Day of Holiday
Arafat Day One (1) Day of Holiday
Eid-al-Adha (Feast of Sacrifice) - Three (3) Days of Holiday
Ashura - One (1) Day of Holiday
The Prophets Birthday (Mawleed al-Nabi) - One (1) Day of Holiday
3.5.2 Contractors working on a Holiday shall be compensated at the rate of 1.5 normal rate.
3.6 Personal Leave:

3.6.1 At no time is leave to impact the operations of the USACE office/project to which the Contractor
personnel are assigned. It is the responsibility of the Contractor to ensure for personnel on leave that there are
adequate backfill positions supplied to ensure work coverage at all times, in coordination with the assigned USG
Supervisor and/or COR.
4.0 WORK REQUIREMENT
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4.1 The Contractor, as delineated in the contract and in accordance with the PWS, shall provide qualified Afghan
engineering and technical support personnel to perform duties as described in the corresponding position description
in geographically disbursed work sites both inside and outside the confines of coalition and Afghan military
installations in the Afghanistan Area of Operations. This is not a Professional Services contract, as such, neither the
Contractor (firm) nor its employees are required to be certified, registered, or licensed to perform required duties as
advisors providing services in support of USACE as described in Appendix A.
4.2 The Contractor shall maintain the capability to increase and decrease manpower staffing to meet changes to
the USACE project workload as directed by the Contracting Officer.
4.3 Appendix A. (POSITION DUTY DESCRIPTIONS): Outlines the qualifications and primary
responsibilities of personnel performing the contract services.
4.4 The Contractors personnel shall be responsible for ensuring that they have the means to travel on a day-today basis to the place of employment. Place of employment is defined as the USACE District Office or project site
to which the individual is required to report. USACE will not provide transportation for Contractor employees.
4.5 If the Contractors personnel are assigned to remote sites where daily back-and-forth travel is not feasible,
the Contractor shall ensure that life support (billeting and meals) are provided for the employee(s) as established
and addressed by the needs of individual Task Order.
5.0 CONTRACTOR PHASE-IN/PHASE-OUT RESPONSIBILITIES:

Phase In shall include all activities and associated costs for transportation of Contractor's personnel,
equipment, and operating supplies to Afghanistan; establishment of offices, buildings, and other necessary general
facilities for the Contractor's operations. The Phase-In Plan will include any mobilization required and details how
they will perform reception, staging, onward movement, and integration (RSOI) of deploying personnel, equipment,
and material into Afghanistan. It will also include as well as recruit, hire, deploy and obtain all required
certifications and clearances for personnel necessary to meet the requirements of this contract. Phase Out shall
include all activities and costs for transportation of personnel, equipment, and supplies no longer required on the
contract; including the disassembly, removal of offices, buildings and other facilities assembled in Afghanistan
specifically for this contract.
5.1 Phase In
5.1.1 The Contractor shall provide a proposed Phase-In Plan to the Contracting Officer, as part of
the Contractors proposal submission, which clearly delineates how the Contractor plans to mobilize and deploy
personnel, equipment, and material within Afghanistan or into ports of debarkation for Afghanistan.
5.1.2 The period between contract award and contract start will constitute the phase-in period.
During the phase-in period, the Contractor shall prepare to assume full responsibility for all areas of operation in
accordance with the terms and conditions of this contract. The Contractor shall take all actions necessary for a
smooth transition of the contracted operations.
5.1.3 As deliverable, the successful Contractor shall submit their final Phase-In Plan within ten (10)
days after contract award, for approval and acceptance, to the Contracting Officer. At a minimum, the Phase-In Plan
shall include the following items:
5.1.3.1 Phase-in milestone activity schedule,
5.1.3.2 Establish the appropriate management office and subordinate office workspace(s);
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5.1.3.3 Process for ensuring appropriate Contractor-furnished equipment, materials and supplies are
on-site at the end of the phase-in period.
5.1.3.4 Where applicable, the Contractor shall ensure that Contractor personnel have all required
documentation (i.e., Passports, Visa, etc.), based on the category of employee, to work in Afghanistan.
5.2 Phase Out
5.2.1 Full phase out of Contractors, including sub-Contractor(s) at all tiers in Afghanistan is critical
to responsible drawdown. The prime Contractor is required to submit a Phase Out Plan to the Contracting Officer,
one hundred twenty (120) days prior to the end of contract performance period, or when requested by the
Contracting Officer. The Phase Out plan shall address, as a minimum, the following:
5.2.1.1 Phase-Out milestone activity schedule
5.2.1.2 Comprehensive procedures for phasing out Contractor performance to the level prescribed
and within the time allowed under the terms of this contract. The Contractor shall provide its
procedures for the return of all badging and sanitizing or destruction of hard drives used in computers.
5.2.1.3 The Contractor shall describe in detail its plan to close-out Contractors personnel,
including sub-Contractor(s) employees at all tiers, at the end of the contract performance period and release the
personnel from the Synchronized Pre-deployment and Operational Tracker (SPOT) database.
5.2.1.4 The Contractor shall describe in detail its plan for the timely and responsible exit from
Afghanistan. The prime Contractor shall be responsible and accountable to ensure their sub-Contractor(s) at all tiers
comply with its plan and procedures for departure from the country of Afghanistan at the end the contract
performance period.
5.2.1.5 Contract Phase-Out shall be completed no later than sixty (60) days from the date of the
successive contract award unless otherwise stated in the follow-on contract. Contract start is defined as the first
date of full contract performance.
6.0 DELIVERY OF SERVICES
6.1 The Contractor shall provide all services to support all Task Orders within forty-five (45) days of award.
Any deviations from this schedule require approval by the Contracting Officer.
6.2 The Contractor shall execute staffing increases or decreases within fourteen (14) days of the Contracting
Officers request.
7.0 RECRUITMENT, PROMOTION, AND RETENTION OF PERSONNEL
The Contractor shall provide a Recruitment, Promotion, and Retention plan that includes the following:
7.1 The Contractor is the source of personnel; as such, the Contractor shall include with the plan, the process
detailing the recruiting, hiring, staffing and backfill procedures. The Recruitment, Promotion, and Retention Plan
shall be provided to the Contracting Officer, for review and acceptance, no later than fifteen (15) days after contract
award. The Recruitment, Promotion, and Retention Plan shall, as a minimum, include:
7.1.1 Organization chart which clearly establishes lines of communication and authority (organization chart
is a graphical picture of the organization and reporting relationships).
7.1.2 Staff Acquisition: The methodologies the Contractor shall use as their hiring process.
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7.1.3 Staff Assignment: Staffing structure which clearly allocates manpower to appropriate project section
(a detailed breakdown of the actual staff to be assigned to the project role).
7.1.4 Staff Training: The Contractors detailed approach to maintain staff at the level of skill required for
successful performance on this contract.
7.1.5 Staff Tracking: The Contractor shall describe their procedures used to manage staff on the contract.
The Contractor shall address tracking losses, gains and absences to preclude a gap in service or a denial of service
caused by vacant positions.
7.1.6 Staff Transition: The Contractor shall detail their staff replacement process to prevent a gap in service
or a denial of service.
7.1.7 Staff Promotion: The Contractor shall detail their staff promotion process and procedures to develop
and promote employees who demonstrate potential for advancement and promotion as permitted by vacancies
within each Task Orders staffing requirements. The Contractor shall submit all promotable employees requests to
the COR for review before promotion is granted to the employee. USACE reserves the right to approve proposed
promotions as well as make recommendations for promotion to a higher grade, provided there is a vacancy on the
manning document.
7.2 The Contractor shall submit all potential employment candidate resumes through the CORs for USG review
and acceptance before an offer of employment is extended to the candidate. Additionally, TAA personnel may be
present and serve as a consultant to conduct face-to-face interviews with potential hires. The USG will only accept
or reject a candidate based on the qualifications for the position or if the USG knows of adverse past performance.
The USG review is not an approval to hire; it is a review to ensure the minimum qualifications for each position are
met.
7.3 The Contractor shall make every effort to hire personnel within the local commuting area, within 75 km
one-way, of each position advertised for employment. The Contractor should be aware that some sites are remotely
located.
7.4 The Contractor is responsible for a plan to backfill Contractor personnel ensuring that there is no lapse in
the services provided by required positions. The Contractor shall use this plan to ensure the specified number/type
of personnel and equipment are available and ready to perform assigned work during the times specified in the base
contract and subsequent Task Orders. The backfill plan shall ensure scheduled absence replacements are managed
with no decrement to performed services, and that unscheduled/unforeseen absences are handled promptly and
efficiently to lessen any decrement to performed services.
7.5 The Contractor shall offer current Afghan incumbents the right of first refusal. This right shall be extended
to the existing Afghan workforce, currently numbering just over 200 within ten (10) days after contract award. The
Contracting Officer shall furnish a listing of the existing Afghan workforce at time of award. The Contractor
should be aware that the current number of Afghan nationals may increase or decrease, depending on TAAs work
requirements.
7.6 Work environment and physical demands:
7.6.1 The characteristics described below are representative of those encountered while performing the
essential functions of these positions. Conditions may vary at each project location, but the conditions listed below
shall generally apply.
7.6.1.1 While performing assigned services, the Contractors employee shall frequently be required to
stand, walk, sit, reach with hands and arms, climb or balance, stoop or kneel, talk and hear, and use fingers and
hands to feel objects, tools or controls.
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7.6.1.2 Must occasionally lift and/or move up to 25 pounds.
7.6.1.3 Specific vision abilities required include close vision, distance vision, depth perceptions,
normal color vision, and the ability to adjust focus.
7.6.1.4 As work loads dictates, the job may require working weekdays, weeknights, weekends and/or
holidays.
7.6.1.5 The job shall generally be performed at a construction job site or field office.
7.7 Minimum Personnel Employment Prerequisites/Restrictions:

Each potential Contractor candidate shall meet the prerequisites/attributes listed below:
Prerequisite/ Attribute
Affiliations
Minimum Standards
As a minimum, Contractor personnel shall not be affiliated with associations,
elements, groups, organizations, and/or programs that seek to undermine the
legitimacy and initiatives of the Government of the Islamic Republic of Afghanistan,
or the U.S. Government.
Medical
The Contractor shall apply and comply with contract requirements regarding medical
fitness.
Addiction/Dependence
Contractor personnel shall not be afflicted with habitual drunkenness or addicted and
dependent on narcotics as evidenced by a recognized drug/alcohol testing procedure.
Convictions
1.
Contractor personnel shall not have been convicted of any misdemeanor
during the five (5) year period preceding the date of this contract that would negatively
impact on the reputation or question the integrity of the contracted services unless
approved in advance in writing by the contracting officer.
2. No individual convicted of a felony crime will be employed under this contract.
Note: These prerequisites apply to the prime Contractor and its sub-Contractors at all tiers.
7.8 Contractor Personnel Language Proficiency Requirements
When required by position, the Contractor shall employ only persons able to speak, read, write and understand
English for those positions requiring them to interact with clients and other government personnel, and/or where
English is used or essential to provide product, or record data, information, or service.
7.8.1 The TOEIC (Test of English for International Communication) proficiency scores and are used as
guidelines only for assisting Contractors in staffing positions requiring the use of English. They should not be
considered definitive.
7.8.2 Contractors are not required to use TOEIC; however an equivalent English proficiency testing
program may be approved by the Contracting Officer to benchmark groups of individuals within the organization
and ensure that contract requirements are satisfied.
7.8.3 Contractors shall provide written certification citing the level of proficiency for positions requiring
use of the English language to the Contracting Officer and retain a copy of certification in each individuals training
record. The following table represents the levels of proficiency requirements:
TOEIC Level
900-990
800-850
Description
Managers who are able to represent the company unaccompanied and
with final authority in negotiating agreements and contracts with
native English-speaking partner organizations.
Managers who are able to represent the company unaccompanied
Level Designation
1
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700-750
600-650
500-550
with native English-speaking partner organizations.

Personnel must be able to speak and write English and Host Nation
language correctly and fluently. They must be able to communicate
effectively and compose correspondence and other written
communications about the work for which they are responsible.
Typically, these individuals actively participate in meetings with
partner organizations using English.
Personnel must speak and write English and Host Nation language
well enough to communicate on complex matters. Typically, these
individuals may be Called upon to give a short, prepared speech
and/or to take the minutes of the meeting.
Personnel must speak and read English and Host Nation Language
sufficiently to understand simple oral and written work assignments
and to express themselves in matters pertaining to their work.
7.9 Termination of Personnel: Any violations of safety, security, theft, falsification of official
reports/documents, and/or unexcused absences in excess of seven (7) days, and/or poor performance are all grounds
for immediate termination. The Contractor has full authority to terminate the employment of their personnel.
Before an employee may be terminated, USACE will concur with the termination. Additionally, USACE reserves
the right to recommend a termination.
8.0 EMPLOYEE TRAINING

8.1 USACE may develop and provide training required, and the Contractor personnel will be paid normal
wages while participating in the training.
8.1.1USACE will determine training topics, duration, frequency, and develop a methodology for keeping
records on the training that was conducted.
8.1.2 USACE-provided training will include process and procedures necessary to perform the job, as an
example: USACE Standard Operation Procedures to include; quality assurance; USACE safety specifics from EM385-1-1; how to write an acceptable daily quality assurance report; USACE project management fundamentals; and
ethics.
8.2 A candidate is expected to possess the trade skills, training, and qualifications for the required area of
discipline (civil, structural, electrical, etc.).
8.3 The contractor will provide broad-based training in more managerial and administrative tasks (Managerial:
communication skills, interpersonal skills, and time management; Administrative: timesheet preparation, payroll
procedures, and any contractor organizational specific orientation and indoctrination).
9.0 TRAVEL AND TRANSPORTATION
9.1 Contractor employees shall be responsible for providing their own means and mode of transportation to and
from their residence to their place of employment. Travel to-and-from home to work is not part of the duty day and
the cost will not be allowed or attributed to this contract or any issued Task Order.
9.2 Time spent traveling from one project site to another by the Contractors employee is part of the employees
duty day and the cost may be paid under this contract or any issued Task Order. Payment will be provided for
expenses as indicated in paragraph 10, below.
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9.3 As addressed in the Work Requirement paragraph, section 4.0, the Contractor shall establish a daily rate
which will include billeting, meals, travel and other life support needs. The daily rate will be established and
adjusted accordingly either in Kabul or Other (denoting all other areas of Afghanistan other than Kabul) per the U.S
Department of State (DoS) Foreign Per Diem Rates. https://aoprals.state.gov/web920/per_diem.asp these rates will
be updated annually from the date of award.
9.4 Contractor employees driving without proper insurance will be considered as self-insured and shall be
responsible for all and any damages that may occur while in a travel status.
9.5 International Travel: In general, costs associated with international travel are not supported by this contract
and therefore will not be paid by the Government. There are a few instances where, given proximity to other nation
borders and the route available to reach a site, international travel is required. For Contractor personnel working in
these areas, the Contractor is required to secure passports, visas, and other necessary supporting documents to allow
exit from and return entry into Afghanistan. Prior approval is required from the COR before Contractor personnel
may conduct travel that requires the crossing of international borders. The mileage payment referenced in
paragraph 10.1 applies here.
10.0 CONTRACTOR EXPENSES
10.1 Expenses incurred by personnel provided under this contract and/or awarded Task Orders are only paid if
approved by the COR as necessary to fulfill the duties of their position.
10.1.1 Lodging, Mileage and Incidental Expenses: These items will be paid on a flat-rate. Documentation
shall be provided to the Contracting Officer (KO) upon submission of all invoices. The flat-rate shall be established
at time of award based on the Contractors accepted proposal. There will be no adjustments to the flat-rate during
the term of this contract unless authorized in writing in advance by the Contracting Officer. The daily rate will be
established and adjusted accordingly either in Kabul or Other (denoting all other areas of Afghanistan other than
Kabul) per the U.S. DoS Foreign Per Diem Rates. These rates will be updated annually from the date of award.
10.1.2 For intermittent trips, lodging and meals are authorized if an overnight trip is required. A flat rate to
be proposed by the Contractor, to include lodging and meals, is authorized.
10.2 No other expenses shall be incurred by the personnel supporting USACE unless approved in advance by
the Contracting Officer.
11.0 SECURITY AND FACILITY ACCESS
11.1 The Contractor will be responsible for obtaining all permits, licenses, rights of entry and approvals, from
all local Government authorities (Afghanistan, US, and coalition forces) as necessary for the performance of this
contract.
11.2 The Contractor shall be responsible for coordinating security vetting, including collecting the prospective
employees biographical data on the appropriate USG or coalition force forms required by the entity which performs
the security vetting function, and escorting the candidates to the vetting venue. The appropriate Government
intelligence or other agency or its designee will be responsible for conducting the background investigation and
screening to vet the employees.
11.3 The Contractor is responsible for acquiring badges for their employees. The local USACE office will be
responsible for providing sponsorship where needed for the badges, and may assist with coordination and support to
acquire access badges at installations and forward operating bases only when required by the installation
regulations.
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11.4 As part of the coordination responsibilities, the Contractor shall also be responsible for tracking and
transmitting final proof of vetting provided by the Government investigatory agency to the Contracting Officer for
all new employees hired.
11.5 Security Notification: Should a Contractor employee be arrested for whatever reason or fail to pass any
screening/vetting process, the Contractor shall immediately notify the COR and the Contracting Officer.
12.0 CONTRACTORS STANDARD OPERATING PROCEDURES (SOP) OR PLANS:
12.1 The Contractor shall address each of the following procedures individually and submit the procedures to
the Contracting Officer:
12.1.1 Security SOP which includes screening and vetting procedures, and abduction/ capture of
employees within fifteen (15) calendar days after contract award for Government review and acceptance.
12.1.2 Safety Plan in accordance with EM 385-1-1, dated 30 Nov 14; Safety and Health Requirements
Manual, all Divisions and District regulations, SOPs, and supervisory instructions within fifteen (15) calendar days
after contract award for Government review and acceptance.
12.1.3 Payroll procedures and payroll delivery schedule within fifteen (15) calendar days after contract
award for Government review and acceptance. These procedures shall demonstrate a means to track labor expenses
and associated hours charged to projects or assigned accounting codes.
13.0 REPORTING
13.1 The following reports shall be provided to the USACE Procuring Contracting Officer (PCO), Contract
Specialist (CS), Contracting Officers Representative (COR) and Program Manager (PM) monthly:
13.1.1 Manning Tables by individual office. The Contractor shall coordinate the report format with the
USACE PCO, CS and CORs and submit the format for Government review and acceptance. Manning tables shall
also capture what equipment was issued to each of Contractors personnel, and when.
13.2 Contractor shall perform annual performance assessments for all employees assigned to this contract and
make them available to the PCO upon request.
14.0 REQUIRED EQUIPMENT

14.1 Contractor furnished equipment:
14.1.1 The Contractor shall provide to all personnel, equipment, computer support, photographic
equipment and software necessary to fulfill the requirements of this contract. At each location, the Contractor will
be responsible for providing the equipment deemed necessary for the performance of their assigned duties to the
employees providing support to USACE under this contract. The Contractor shall verify with the local USACE
office prior to supply of equipment that the equipment is suitable to support the mission needs (for example,
adequate capacity, operating capability, storage, etc.). All equipment is expected to be in new/like new, serviceable
condition upon initial issue. The Contractor shall replace damaged/ unserviceable, lost or stolen equipment within
ten (10) days notification of malfunction or loss. All equipment shall be delivered to the USACE office or project
site.
14.1.2 Technical personnel are required to possess:
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14.1.2.1 Computer equipment (desktop CPU, or laptop) with:
14.1.2.1.1 MS Windows version 7
14.1.2.1.2 MS Office 2013 software (Word, Excel, Outlook, PowerPoint)
14.1.2.1.3 Anti-Virus software (McAfee, Norton, or equal)
14.1.2.1.4 Contractor provided e-mail service with adequate security protocols to transmit reports
and photographs up to 10Mb files. Each Contractor employee shall have an individual Company email
account to send files. Personal email accounts e.g. yahoo, gmail, outlook etc will not be used for official
correspondence.
14.1.2.1.5 Printer or printer access
14.1.2.1.6 Internet service (i.e. broadband internet service, ISP) with the ability to transfer up to
10Mb files.
14.1.2.1.6 Laptops shall have wireless capabilities as well as access to a broadband internet
service provider.
14.1.2.1.7 Laptops will have a minimum of 4GB of memory, 500GB hard drive
14.1.3 Safety Officer, QAR, PE, and Lead Engineer shall also possess
14.1.3.1 Digital camera with GPS
14.1.3.2 Global Positioning System (Garmin, Magellan, or equivalent) with current maps.
14.1.3.3 Cell phone with a service provider.
14.1.3.3.1 In remote areas where cell phone coverage is inadequate, the Contractor shall provide a
satellite phone.
14.1.4 Required personal protective equipment (PPE) such as but not limited to the items listed below for
the minimal work related PPE required on construction sites. Employees that will be exposed to any type of
environment other than typical general construction that has a particular type of PPE covered by EM 385-1-1 will
be provided the appropriate level of protection listed in Chapter 5 of that regulation.
14.1.4.1 PPE- Head Protection (White, no markings)
14.1.4.1.1 All protective headgear shall meet the requirements of ANSI Z89.1.
14.1.4.1.2 All persons working in or visiting hard hat areas shall be provided with and required to
wear Type I or Type II, Class G (General not to exceed 2,200 volts) or Class E (Electrical-not to exceed 20,000
volts) headgear as appropriate. The selection of the type of hardhat shall be based on the activity and identified in
the AHA. For emergency response operations and other activities with greater need for side impact protection, Type
II head protection is required.
14.1.4.2 PPE- Hearing
14.1.4.2.1 Hearing protection devices shall provide for the attenuation of noise to acceptable levels
(i.e., 85 dBA for continuous (steady-state) noise). If necessary to hear audible warnings, hearing protection devices
should not attenuate hearing levels below an individuals hearing threshold.
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14.1.4.2.2 Dual hearing protection (earplugs and a second method such as ear muffs worn
concurrently), shall be based on the attenuation of the specific hearing protection. Generally, double hearing
protection should be used whenever employees are exposed to continuous noise greater than 115 dBA.
14.1.4.3 PPE- Eye protection
14.1.4.3.1 Eye protection shall meet the requirements of ANSI/American Society of Safety Engineers
(ASSE) Z87.1, and bear a legible and permanent "Z87" logo to indicate compliance with the standard
14.1.4.3.2 When eye protection is required by this regulation, persons whose vision requires the use of
corrective lenses, whether via the use of contact lenses or eyeglasses, shall be protected by one of the following:
Prescription safety glasses providing optical correction and equivalent protection;
Protective glasses with side shields designed to fit over corrective lenses without disturbing the
adjustment of the glasses;
Goggles that can be worn over corrective lenses without disturbing the adjustment of the glasses,
or
Goggles that incorporate corrective lenses mounted behind the protective lenses.
14.1.4.4 PPE- Protective Footwear
14.1.4.4.1 Personnel shall, as a minimum, wear safety-toed boots meeting ASTM Standard F2413
while working on construction sites.
14.1.4.4.2 Footwear providing protection against impact and compressive forces, conduction hazards,
electrical hazards, and sole puncture shall comply with the applicable requirements of ASTM F2413. Footwear
providing protection against impact and compression hazards shall be rated as I/75 and C/75.
14.1.4.5 PPE- High-visibility Apparel
14.1.4.5.1 High-visibility apparel meeting, at minimum, ANSI/ISEA 107, Performance Class3
requirements, shall be worn by workers.
14.1.4.5.2 The apparel background material color shall be either fluorescent yellow-green, fluorescent
orange-red, or fluorescent red (see ANSI/ISEA 107). When choosing color, optimization of color conspicuity
between the wearer and work environment shall be considered.
14.1.4.6 PPE- Hand Protection
14.1.4.6.1 All employees will be issued the appropriate hand protection when exposed to hazards such
as skin absorption of harmful substances, severe cuts or lacerations, severe abrasions, punctures, chemical burns,
thermal burns, harmful temperature extremes, high hand vibration and sharp objects.
14.1.4.6.2 Employees shall be issued at a minimum, leather gloves that protect against sparks,
moderate heat, blows, chips, and rough objects.
15.0 LIFE SUPPORT
The Contractor shall be responsible for providing all life support under the required Task Orders as established.
Life support includes an enclosed mobile unit at the construction site or close to a USACE office site in instances
where daily back and forth commuting from the employees home to work is not feasible as determined by the
USG, as well as two (2) meals/day. Life support differs from Contractor expenses as discussed in paragraph 10.0 in
that Contractor expenses are to be made available for short term requirements, such as an occasional site visit or
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other mission of minimal duration and occurring infrequently. Life support is intended to cover occurrences where
longer-term billeting and meals are required in a remote area that does not allow for a daily commute.
16.0 QUALITY CONTROL (QC)
16.1 The Contractor shall ensure that the requirements of this contract are met at the timeliness and quality
levels specified by implementing a rigorous Quality Control Program. The Contractor shall maintain and make
accessible to the USG representatives any information required by the contract and as required by the FAR and its
applicable supplemental regulations. During the evaluation of the work, the Contractor shall provide the
professional supervision, logistical support, safety monitoring, and quality control that are necessary to ensure the
accuracy, quality, completeness, and progress of the services provided. The Government will validate the
Contractors Quality Control Program through its own Quality Assurance Surveillance Plan (QASP).
16.2 Quality Control Plan:
16.2.1 The Contractor shall develop, implement and administer a Quality Control Plan (QCP) for
Government acceptance. The QCP shall identify potential and actual problem areas in providing requirements of
the contract as specified. The Contractor shall develop and maintain an effective quality control program and plan
to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement
procedures to identify, prevent and ensure non-recurrence defective services. The Contractors quality control
program is the means by which they assure themselves that work complies with the requirement of the contract.
The Contractor shall ensure that corrective actions are applied to problem areas throughout the life of the contract.
The QCP shall be provided to the CO within fifteen (15) days after contract award. Changes to the QCP shall be
submitted to the CO and COR, no later than five (5) workings days prior to the effective date of change. The
Contractor shall review and update the QCP and submit it for acceptance of changes fifteen (15) days prior to the
beginning of the option period.
16.2.2 The basic intent of the QCP is to establish that the Contractor is responsible for the quality of the
services provided and safety of employees in accordance with the basic contract and all subsequent Task Orders.
All methods, procedures and forms shall support this concept. At a minimum, the QCP shall:
16.2.2.1 Be structured to assure reasonable quality control independent from any other parts of the
Contractors organization.
16.2.2.2 Have direct accountability to the Contractors top management level.
16.2.2.3 Be a comprehensive program to plan and deliver quality services to USACE.
16.2.2.4 Include information concerning prioritizing services in accordance with the most critical
services.
16.2.2.5 Describe a method acceptable to the Government for identifying deficiencies in the quality of
service performed under this order before the level of performance becomes unacceptable and address processes for
corrective action without dependence on Government direction.
16.2.2.6 Describe methods of direct and indirect communications with the Government regarding
performance. The communications shall include monthly formal meetings with the Government. Formal meetings
will include, as a minimum, the Contractors In-country Program Manager. The formal meetings may include any
Quality Assurance Experts, sub-Contractors, representatives, Resource Management and any other personnel
necessary to complete the business on the meeting agenda.
17.0 QUALITY ASSURANCE
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17.1 Quality Assurance (QA) is defined as the functions and associated actions performed by the Government
to ensure that contract requirements are performed in accordance with specified standards, and that an appropriate
level of Contractor quality control activities is in place and operational.
17.1.1 The Government executes its QA Program through direct observation supplemented by input from
assigned government representatives who are managing projects and various offices. Successful quality assurance
is a team effort. Together they provide an orchestrated team effort, which is essential to provide quality assurance
for all aspects of the contract. The Contracting Officers Representative (COR) shall monitor the effectiveness of
the contractors quality control program by seeking input from assigned government representatives. The COR will
then report to the KO the effectiveness of this program. If changes are required, they will be requested through the
COR to the KO. At no time will the COR, assigned government representatives, or any customer of the government
conduct or authorize any change to the contract. Discussions between the QAR and the government representative
concerning changes shall be documented in writing by the COR and submitted to the KO.
17.1.2 The QA effort must carefully balance oversight, evaluation, and monitoring of Contractor
operations so that compliance with performance standards within the contract is evaluated from observation.
17.1.3 For this contract the USG has developed a Quality Assurance Surveillance Plan (QASP) for the
purpose of assuring that the Government receives the services specified in the contract and that the services meet the
performance standards specified in the contract.
17.1.4 By employing a developed QASP, the Government and the Contractor achieve an understanding of
performance expectations and how performance will be measured against those expectations.
17.1.5 A robust QASP ensures that all aspects of the contract are measured and receive fair and proper
weight in the overall evaluation and ensures that the Contractor is meeting USACE and customers requirements.
17.2 The COR will address problem areas, in writing, related to the execution of the contract. The COR is
responsible for resolving performance issues that do not affect cost or schedule.
17.2.1 The COR will notify the Contracting Officer within two days if satisfactory resolution cannot be
reached.
17.2.2 The COR will provide a written statement to the Contracting Officer if the complaint cannot be
resolved within two days.
17.3 The assigned government representatives will communicate complaints to the COR and not the Contractor.
The COR will accept the complaints and will investigate the issue(s). Complaints may be used as a basis for
identifying non-compliance with performance objectives.
18.0 NON-DISCLOSURE AGREEMENT
18.1 All information gathered under this contract by the Contractor and all reports and recommendations shall
be treated as privileged information by the Contractor and shall not, without the prior written consent of the
Contracting Officer, be made available to any person, party or Government other than USACE, except as otherwise
expressly provided in this contract and/or USACE operating procedures.
18.2 The Contractor shall require each employee to sign a non-disclosure statement agreeing to the conditions
specified herein. The Contractor shall provide a copy at time of hire to the COR, CS and maintain a copy for their
records.
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SUMMARY OF DELIVERABLES
ITEM
SUBMISSION TIMELINE
PWS
REFERENCE
Contract Management Plan

Mobilization Plan
Phase-In plan
Recruitment / Promotion / Retention Plan
Security SOP
Safety Plan
Payroll Procedures
Quality Control Plan
Within 10 days of contract award

3.0
5.1.1.1
5.2.3
7.1
12.1.1
12.1.2
12.1.3
16.2.1
Quality Control Plan Changes
Within 5 days prior to the effective date of

change
Within 15 days prior to the beginning of an
option period
120 days prior to end of contract
performance period, or when required by
the Contracting Officer
120 days prior to end of contract
performance period, or when required by
the Contracting Officer
16.2.1
Quality Control Plan Option Period

De-mobilization Plan
Phase-Out Plan
16.2.1
5.1.2.1
5.3.3
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APPENDICES
Appendix A Position Descriptions
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APPENDIX A
Position Duty Descriptions
1. ADMINISTRATIVE ASSISTANT
a.
Description of Duties:
1)
Types a wide variety of narrative and tabular material, including memorandums, correspondence,
reports, directives, administrative studies, technical papers, manuals, charts, and statistical tables.
Searches files and records for information and references.
2)
Assembles materials for use in preparing reports, correspondence, and technical papers.
3)
Composes correspondence, reports, memorandums as a result of oral instructions or in accordance
4)
with standard office procedures.
Checks correspondence, bills, vouchers, and receipts for presence of signatures, proper
5)
nomenclature, accuracy of fiscal data, etc.
Classifies and codes material for filing.
6)
Performs routine translation duties in connection with day-to-day office activities.
7)
Answers telephone and receives visitors to the office. Provides information requested or refers
8)
callers and visitors to others.
Provide translation services, oral and written for USACE staff, as needed.
9)
Performs other duties as assigned.
10)
b. Educational and Experience Requirements:
1)
2)
c.
Completion of elementary school is required

One year of typing and clerical experience is required.
Required Skills:
1)
Ability to type 40 words per minute.
Level 4 English ability (good working knowledge) is required.
2)
Ability to use a variety of office equipment (i.e. computers running MS Office (Word, Excel,
3)
Outlook, PowerPoint), copiers, scanners, digital cameras).
Ability to work as part of a multidisciplinary team.
4)
2. ADMINISTRATIVE OFFICER
a.
Description of Duties
1)
Lead Assistant Administrator facilitating all customs clearance and coordinating TAA
Contractors shipments across the border into Afghanistan in support of construction projects in coordination with
the U. S. Amy Corps of Engineers and in Afghanistan.
Provide guidance and management of other Contractor employees under this contract
2)
Facilitate visa processes for Contractors and USACE employees
3)
Types a wide variety of narrative and tabular material, including memorandums, correspondence,
4)
reports, directives, administrative studies, technical papers, manuals, charts and statistical tables.
Checks correspondence, bills, vouchers and receipts for presence of signatures, proper
5)
nomenclature, etc.
Provide translation services, oral and written for USACE staff, as needed.
6)
7)
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1)
2)
3)
c.
Completion of high school

One year of typing and clerical experience
Provide appropriate documentation to confirm education and experience.
Required Skills
1)
Ability to type 40 words per minute.
Level 4 English ability. Ability to speak and read Dari/Pashtu
2)
3)
Outlook, PowerPoint), copiers, scanners, digital cameras)
4)
3. COST ESTIMATOR
a.
1)
Performs a variety of work relative to planning and evaluating construction methods and
procedures for various technical engineering alternatives relative to project work, reviewing and/or preparing a wide
variety of engineering estimates, in coordination with and in advisement to USACE personnel, and participating in
bid opening and negotiation meetings as technical advisor or for informational purposes.
Develops cost estimates for projects from feasibility to construction.
2)
Recommends consideration of changes in plans which may result in greater economy through
3)
substitution of materials or simplification of construction.
Advises supervisor or project managers of extremely difficult and/or controversial problems and
4)
matters of policy resulting from assigned estimating responsibilities and work assignments. Suggests methods or
procedures or additional studies required to resolve problems encountered.
Makes field visits to construction projects to gather firsthand information regarding Task Order
5)
operations, difficulties encountered, the relative merits of proposed materials, availability, costs relative to allowable
substitutes, and other information that will assist in making sound and realistic cost estimates.
Attends negotiation meetings, bid opening sessions, and Board of Review meetings.
6)
Maintains files of current material prices and construction equipment first costs obtained from
7)
quotations by suppliers.
Provides technical review and/or guidance for other Contractor employees under this contract
8)
involved in estimate preparation.
Assists USACE personnel in training and mentoring initiatives by providing subject matter
9)
expertise and conveying cultural meaning and intent; e.g., coordinates, plans, develops and evaluates training,
training needs and course objectives.
Provides translation services, oral and written for USACE staff, as needed.
10)
11)
b.
Educational and Experience Requirements:

1)
2)
3)
c.
University degree
Two years experience related to the above description of duties
Provide appropriate documentation to confirm education and experience
Required Skills:
1)
Level 3 English ability. Ability to speak and read Dari/Pashtu.
2)
3)
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4. LEAD ENGINEER ASSISTANT
a.
Serves as technical professional engineer advising USACE for one or more program areas which
1)
involve substantial and exceptionally complex engineering aspects relating to the design, implementation and
administration of technical projects for road and irrigation systems, bridges, facilities, etc.
Develops designs, drawings, and specifications, detailed engineering plans and cost estimates for
2)
projects in assigned program area(s).
Reviews, evaluates and makes professional recommendations to USACE personnel concerning
3)
the engineering feasibility of plans developed by proposers of projects.
Monitors the adequacy and acceptability of the engineering aspects of project construction work
4)
through field inspections, review of Contractor reports and meetings with project personnel.
Provides safety oversight, documentation of such oversight, and directs corrective actions in cases
5)
of life-threatening situations as required to ensure worker safety during the performance of Contractor executed
mechanical engineering projects or project tasks.
Submits reports to USACE personnel on project progress, including professional analyses of
6)
engineering and related problems and recommendations for corrective action.
Maintains liaison with USACE personnel and Contractors responsible for project implementation,
7)
scheduling, procurement and compliance with local building and construction codes for the purpose of facilitating
the resolution of problems.
May supervise a staff of engineering draftsmen, engineering inspectors, clerical support personnel
8)
and, where needed, other engineers employed under this contract.
9)
10)
11)
b.
Education & Experience Qualifications:
1)
B.S. or equivalent collegiate degree in civil or other appropriate engineering field
At least 6 years of progressively responsible experience in Engineering
2)
Expert knowledge of the field of engineering in which engaged and a sound knowledge of allied
3)
fields bearing upon the engineering work involved.
Expert knowledge of building and construction practices and knowledge of building and
4)
construction codes.
Substantial skill in preparing engineering reports, specifications and related materials in English.
5)
c.
Required Skills:
1)
Level 2 English language ability (fluent) and ability to speak and read Dari/Pashtu is required.
2)
3)
5. ENGINEER, TECHNICAL ASSISTANT (CIVIL)
a.
Serves as a general project engineer providing professional and technical leadership, guidance,
1)
and expertise to USACE personnel to assist in managing Contractor executed construction projects on behalf of the
U.S. Army Corps of Engineers and Afghanistan.
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Serves as the organizational subject matter expert regarding Afghan national and international
2)
standards and practices for civil and structural engineering designs, soil and foundation analysis for horizontal and
vertical construction, including but not limited to facility site layout, site drainage, geotechnical considerations,
material selection and approval for roads, bridges, and structures; water treatment and distribution infrastructure and
systems; and waste water collection and treatment infrastructure and systems.
Participates in design reviews of and provides comments to USACE personnel on Contractor3)
submitted civil engineering designs and plans for a variety of applications.
Provides quality assurance oversight, documentation of such oversight, and recommends
4)
corrective actions to USACE personnel as required to ensure high quality performance on Contractor executed civil
engineering projects or project tasks.
5)
civil engineering projects or project tasks.
Assists the appointed Contracting officers representative and/or resident engineer in interpreting
6)
and enforcing contractual provisions regarding Contractor civil engineering requirements and deliverables.
Documents and provides reports regarding Contractor progress toward accomplishing contractual
7)
scopes of work. Recommends authorization of progress payments based on observed Task Order progress to
established quality standards and specifications.
Maintains systematic, retrievable, contractually enforceable professional files.
8)
9)
10)
11)
1)
University degree in civil engineering
2)
3)
c. Required Skills:
1)
2)
3)
6. ENGINEER, TECHNICAL ASSISTANT (ELECTRICAL)
a.
1)
and expertise to USACE personnel to assist in managing Contractor executed construction projects on behalf of the
U.S. Army Corps of Engineers and Afghanistan.
2)
standards and practices for electrical engineering designs, system components, installations, and system
construction, including but not limited to primary power generation and distribution infrastructure, commercial and
industrial electrical systems, and residential electrical systems.
Participates in design reviews of and provides comments on Contractor-submitted electrical
3)
engineering designs and plans for a variety of applications. Comments will be provided to USACE personnel.
4)
corrective actions to USACE personnel as required to ensure high quality performance on Contractor executed
electrical engineering projects or project tasks.
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5)
electrical engineering projects or project tasks.
6)
and enforcing contractual provisions regarding Contractor electrical engineering requirements and deliverables.
Documents and provides reports to USACE personnel regarding Contractor progress toward
7)
accomplishing contractual scopes of work. Provides recommendations to USACE personnel regarding
authorization of progress payments based on observed Task Order progress to established quality standards and
specifications.
8)
9)
10)
11)
1)
2)
3)
c.
University degree in electrical engineering

Required Skills:
1)
2)
3)
7. ENGINEER, TECHNICAL ASSISTANT (MECHANICAL)
a.
1)
and expertise to USACE personnel in managing Contractor executed construction projects on behalf of the U.S.
Army Corps of Engineers and the Government of Afghanistan.
2)
standards and practices for mechanical engineering designs, system components, installations, and system
construction, including but not limited to site, facility, and building mechanical systems for commercial, industrial,
and residential applications; water treatment and distribution infrastructure and systems; and waste water collection
and treatment infrastructure and systems.
Participates in design reviews of and provides comments on Contractor-submitted mechanical
3)
engineering designs and plans for a variety of applications. Comments will be provided to USACE personnel
4)
5)
6)
and enforcing contractual provisions regarding Contractor mechanical engineering requirements and deliverables.
Documents and provides reports regarding Contractor progress toward accomplishing contractual
7)
scopes of work. Provides recommendations to USACE personnel regarding COR authorization of progress
payments based on observed Task Order progress to established quality standards and specifications.
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8)
9)
10)
11)
b.
1)
2)
3)
c.

University degree in mechanical engineering
Required Skills:
1)
2)
3)
8. ENGINEERING TECHNICIAN ASSISTANT
a.
1)
Receives and logs incoming submittals
Manages all archived files in the storage buildings
2)
Manages Dr. Checks database
3)
Maintains systematic, retrievable, contractual enforceable professional files
4)
5)
6)
7)
expertise and conveying cultural meaning and intent.
1)
High school graduate
Two years clerical experience
2)
Experience contained in the applicants resume will be evaluated as it relates to the qualification,
3)
skills, and abilities required for this position.
4)
c.
Required Skills:

1)
2)
3)
9. LOGISTICS AND SUPPLY SPECIALIST
a.
1)
Works under the supervision of the Logistics Officer
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Investigates and analyzes a variety of unique supply, equipment and transportation problems
2)
throughout Afghanistan
Responsible for assisting an authorized USACE official in ordering, receiving, inventorying of
3)
supplies and equipment that are delivered to USACE offices.
Assists an authorized USACE official with processing acquisitions and receipt of supplies and
4)
materials to include laundry service, working with vendors to acquire needed supplies and equipment through the
local economy using simplified acquisition procedures.
Assists an authorized USACE official to coordinate with vendors and government agencies to
5)
expedite the acquisition and ordering processes for local purchases.
Maintains inventory control of the Districts excess and surplus property.
6)
Assists an authorized USACE official with processing materials, with appropriate documentation,
7)
to the appropriate property holding accounts for issue and use within the Division and Districts.
Prepares monthly reports of surplus on hand, items declared surplus, items redistributed within the
8)
District Offices.
Facilitates and processes site access for the movement of supplies, equipment, material and
9)
personnel; including assistance with badging processes for other Afghan personnel as requested.
10)
11)
12)
b.

1)
2)
c.
High school graduate

One year of typing and clerical experience is required.
Required Skills:
1)
Level 3 English ability (good working knowledge) is required.
2)
3)
10. PROGRAM MANAGER
a.
1)
Defines and develops the programs & project management goals.
Plans, reviews and provides management guidance on policy matters to USACE personnel.
2)
Assures goals are on schedule, cost and budget.
3)
Assists USACE personnel with managing the efficient and effective coordination and
4)
accomplishment of the planning, scoping, development, design, and construction of assigned projects.
Assists USACE personnel with integration of known requirements; control and manage project
5)
budget and schedule, and serves as a Division point-of-contact for assigned projects.
Assists USACE personnel to negotiate and integrate all Division functions (i.e., planning, design,
6)
cost engineering, construction, real estate, contracting, etc.), sponsor/customer needs and other agencies
commitments in support of assigned project into a comprehensive management plan.
Assists USACE personnel to integrate customer schedules and criteria, establish project scope and
7)
criteria, schedules and milestones, budgets, dependencies and responsibilities of the participating parties,
assumptions and risks, contingencies, and performance measurement criteria.
Provides input to the Division operating budget related to project assigned.
8)
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9)
10)
11)
1)
2)
3)
c.
University degree
Required Skills:
1)
2)
3)
Journeyman experience as a program manager with engineering background.

Level 2 English language ability (fluent) is required.
Ability to work with all types of individuals in a stressful environment for long periods of time.
11. PROJECT ENGINEER ASSISTANT (PE)

1)
Works under the direction of the resident or area engineer. Work is assigned in general terms of
overall objectives and results desired.
During design phase of a project, assists USACE personnel to perform constructability review of
2)
project designs & specifications to determined site compatibility & anticipated problems.
During construction phases, assists USACE personnel to ensure Contractor compliance w/ Task
3)
Order schedules, plans, specifications, etc. Identifies actual or potential problems & determines changes are
necessary.
Assists USACE personnel by serving as a projects point of contact to obtain construction and as
4)
built drawings & other documents.
Reviews Contractor receipt of materials & equipment procured by Contractors purchase orders.
5)
Prepares various reports & correspondence pertaining to daily activities, progress payments,
6)
contact modifications materials, delays in construction, etc. to provide to USACE personnel
7)
8)
9)
a.
b. Educational and Experience Requirements

University degree and one year of experience related to the profession of civil and/or structural
1)
engineering.
Experience contained in the applicants resume will be evaluated as it relates to the qualifications,
2)
3)
c.
Required Skills:
1)
Possess knowledge of management concepts, principles, methods, and practice.
Capability to control and manage assigned projects budget and schedule.
2)
Level 2 English ability. Ability to speak (fluent) and read Dari/Pashtu.
3)
4)
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5)
12. QUALITY ASSURANCE REPRESENTATIVE (QAR)

a.
1)
Assists USACE personnel by performing office and field interdisciplinary duties associated with
USACE civil and military projects including construction management and coordination with the U.S. Army Corps
of Engineers, Customer and other agencies.
Provides subject matter assistance regarding Afghan national and international standards and
2)
projects for:
(a) Civil and structural engineering designs, soil and foundation analysis for horizontal and vertical
construction, including but not limit to facility site layout, site drainage, geotechnical consideration, material
selection and recommendations for roads, bridges and structures; water treatment and distribution infrastructure and
systems; and waste water collection and treatment infrastructure and systems.
(b) Electrical engineering designs, system components, installations, and system construction,
including but not limited to primary power generation and distribution infrastructure, commercial and industrial
electrical system, and resident electrical systems.
(c) Mechanical engineering designs, system components, installation, and system construction,
including but not limited to site, facility, and building mechanical systems for commercial, industrial, and resident
applications; water treatment and distribution infrastructure and systems; and waste water collection and treatment
infrastructure and systems.
Participates in design reviews of and provides comments to USACE personnel on Contractor3)
submitted engineering designs and plans for a variety of applications.
4)
engineering projects or project tasks. Writes reports recommending corrective action on deficient conditions.
Works with USACE Safety Officer to assist with providing safety oversight, documentation of
5)
such oversight, and directs corrective actions in cases of life-threatening situations when appropriate to ensure
worker safety during the performance of Contractor executed engineering projects or project tasks.
Assists the appointed Contracting officers representative and/or project engineer in interpreting
6)
and enforcing contractual provisions regarding Contractor engineering requirements and deliverables.
Documents and provides reports to USACE personnel regarding Contractor progress toward
7)
accomplishing contractual scopes of work. Prepares daily reports of activates reflecting progress of construction,
quantities and quality of materials placed, weather conditions, reasons for delays in construction, instruction given
to Contractor and any unusual circumstances encountered. Prepares daily reports, with photographs, to consolidate
the ongoing activities of the project.
Serves as English-Dari/Pashtu Language specialist on a wide range of issue including conferences
8)
with the Contractors, submittal reviews, translation of design documents, etc.
Maintains professional files in a systematic, retrievable, and contractual enforceable manner.
9)
10)
11)
12)
1)
University/College technical degree and/or equivalent work experience relating to the engineering
technology required and shall have construction contract administration experience.
Experience contained in the applicants resume will be evaluated as it relates to the qualification,
2)
3)
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c.
Required Skills:
1)
2)
3)
13. SAFETY OFFICER
a.
Confers with design engineers during development of design plans and specifications and makes
1)
comprehensive safety review of completed plans to insure the inclusion of optimum accident prevention controls
and safety features.
Assists USACE personnel with reviews and evaluation of safety programs and accident
2)
prevention pre-plans. Ensures conformance with safety standards and procedures.
Assists USACE personnel with plans and development of activities related to environmental
3)
health hazards, such as sight and hearing conservation programs, exposures to temperature extremes, toxic materials
and ionizing radiation; personal health and sanitation, physical examinations of personnel for safety purposes,
inoculation, vaccination and immunization of personnel standards for drinking water, toilet, sewage and other
sanitary facilities.
Serves as advisor to Boards of Investigation in connection with investigation of fatalities to
4)
Government, Contractor or military personnel and major property damage accidents involving Government or
Contractor property or equipment.
Assists USACE personnel by participating in conferences and discussions with representatives of
5)
technical divisions of the district and offices of higher echelons, representatives of using services, Task Order
forces, other Government agencies, and equipment suppliers.
Assists USACE personnel to coordinate, plan, and evaluate safety training courses. Working with
6)
USACE personnel, determine course objectives, need for training, recommends nomination of individuals to
appropriate supervisor, organizes and writes lesson plans.
Responsible to work with USACE Safety Officer to assist with implementation and enforcement
7)
of all safety rules, regulations, and directives applicable to the work supervised.
8)
9)
1)
2)
3)
c.
University degree related to engineering technology and/or safety

One year experience related to the profession of safety inspection
Required Qualifications:
1)
Knowledge of building design, construction standards, methods and practices sufficient to
evaluate compliance with safety and occupational health criteria.
Knowledge of safety and occupational health principles, practices, procedures and standards.
2)
Knowledge of a job hazard analysis and other analytical techniques sufficient to perform mishap
3)
investigations and identify causal factors.
Knowledge of professional engineering principles, methods, and techniques and skill in devising
4)
innovative safety procedures to minimize potential for injury of property damage resulting from construction
activities and equipment operations.
5)
14. TRANSLATOR
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a.
1)
Serves as English/Dari/Pashtu translator for the office and serves as liaison for the office with
other host nation personnel.
Types various forms, memorandum and reports using office automation equipment.(i.e. award
2)
citations, policy statements).
Establishes and maintains a variety of office files for time keeping performance appraisals,
3)
personal tracking, hand-receipt, reporting requirements etc.
Uses copier machines, scanners and other types of peripheral automated equipment.
4)
Answers telephones, greets and directs visitors to the appropriate staff member or office.
5)
6)
1)
2)
c.
High school diploma

Provide appropriate documentation to confirm education
Required Skills:
1)
Level 2 English ability. Ability to fluently speak and read Dari and Pashtu.
2)
3)
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DESCRIPTION OF JOB TITLE LEVELS

Technical Positions
Cost Estimator
Lead Engineer Assistant
Engineer Technical Assistant (Civil)
Engineer Technical Assistant (Electrical)
Engineer Technical Assistant (Mechanical)
Engineering Technician Assistant
Program Manager
Project Engineer Assistant(PE)
Quality Assurance Representative (QAR)
Senior Level Task Manager for technical elements of project; provides technical supervision and QC within
technical area; subject matter expert; degree of involvement depends on complexity of project - more complex,
higher level of involvement.
Mid-Level Typically expected to be lead technical staff for project in specific subject area; likely to have high
degree of involvement for development of plans/studies/drawings/specifications; will provide direction and review
Junior and Designer taskings on project.
Junior Level Typically expected to support Mid-Level technical staff for project in specific subject area; likely to
have high degree of involvement for development of plans/studies/drawings/specifications; able to accomplish
specific tasks with minimum direction; degree in technical area of work.
Non-technical Positions
Administrative Assistant
Administrative Officer
Logistics and Supply Specialist
Safety Officer
Translator
Senior Level Requires minimal supervision and has the ability to think independently and analyze situations
easily. Independently plans and carries out assignments in conformance with accepted policies and practices;
resolves commonly encountered work problems and deviations by exercising judgment in selecting appropriate
instructions, policies, guidelines, or accepted practices; and brings controversial information and findings to the
supervisors attention for direction.
Mid-Level Requires moderate supervision and direction. Works independently, but within the framework of
established practices and prescribed procedures; and refers problems not covered by the supervisors instructions or
guides to the supervisor for help or a decision.
Junior Level Requires a high degree of direction and supervision.
Performs work as instructed; consults with the supervisor or designated employee when clarification of instructions
is needed; and receives guidance on problems and work methods not specifically covered by the original
instructions.
These are broad guidelines. Additionally, when candidates are hired they will be assessed at the local office to
validate skill-set and make a final determination of level (junior, mid, or senior).
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Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:
CLIN
0001
0002
0003
0004
0005
0006
INSPECT AT
N/A
N/A
N/A
N/A
N/A
N/A
INSPECT BY
N/A
N/A
N/A
N/A
N/A
N/A
ACCEPT AT
N/A
N/A
N/A
N/A
N/A
N/A
ACCEPT BY
Government
Government
Government
Government
Government
Government
52.246-1
CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)
The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate
that the supplies or services furnished under this contract conform to contract requirements, including any
applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any
Government inspection and testing required in the contract's specifications, except for specialized inspections or
tests specified to be performed solely by the Government.
(End of clause)
52.246-4
INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)
(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished
or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the
services under this contract. Complete records of all inspection work performed by the Contractor shall be
maintained and made available to the Government during contract performance and for as long afterwards as the
contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable
at all times and places during the term of the contract. The Government shall perform inspections and tests in a
W912ER-16-R-0010
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manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the
Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable
facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to
perform the services again in conformity with contract requirements, at no increase in contract amount. When the
defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take
necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract
price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future
performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform
the services and charge to the Contractor any cost incurred by the Government that is directly related to the
performance of such service or (2) terminate the contract for default.
(End of clause)
52.246-20
WARRANTY OF SERVICES (MAY 2001)
(a) Definition.
"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the
Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves
specific services, as partial or complete performance of the contract.
(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness
thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be
free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall
give written notice of any defect or nonconformance to the Contractor within one year after discovery of the defect
or nonconformance. This notice shall state either (1) that the Contractor shall correct or reperform any defective or
nonconforming services, or (2) that the Government does not require correction or reperformance.
(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services
corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially
performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or
otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the
Government thereby, or make an equitable adjustment in the contract price.
(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable
adjustment in the contract price.
(End of clause)
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Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
N/A
N/A
N/A
N/A
0002
N/A
N/A
N/A
N/A
0003
N/A
N/A
N/A
N/A
0004
N/A
N/A
N/A
N/A
0005
N/A
N/A
N/A
N/A
0006
N/A
N/A
N/A
N/A
52.247-34
F.O.B. DESTINATION (NOV 1991)
(a) The term "f.o.b. destination," as used in this clause, means-(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the
consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and
(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for
export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall
not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery
(or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are
caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall
be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used,
supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies
delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky
freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including
movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If
the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that
the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to
consignee.
(b) The Contractor shall-(1)(i) Pack and mark the shipment to comply with contract specifications; or
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(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;
(2) Prepare and distribute commercial bills of lading;
(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;
(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the
consignee at the delivery point specified in the contract;
(5) Furnish a delivery schedule and designate the mode of delivering carrier; and
(6) Pay and bear all charges to the specified point of delivery.
(End of clause)
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Section G - Contract Administration Data
CONTRACT ADMINISTRATION
G.1. Administration Office:
Procuring Contracting Officer (PCO) authority will be the responsibility of the Middle East District (TAM) US
Army Corps of Engineers (USACE), Winchester, VA. No one other than a warranted Contracting Officer may
change the terms and conditions of the contract. Any and all changes shall be by execution of a Contract
Modification (SF30).
G.2 Payment Office, Method Payment, Invoices, Approval Process and Payment Due
Date.
Payment Office:
USACE FINANCE CENTER
ATTN: Finance Center
5722 Integrity Drive
Millington, TN 38054-5005
E-Mail Copy of DD250 to the Contracting Officers Representative, and the Contracting Officer. (Email address to
be provided upon contract award.)
E-mail Invoices to the Contracting Officers Representative, and the Contracting Officer. (Email address to be
provided upon contract award.)
Method of Payment:
Treasury regulations require that all payments be made using electronic funds transfer. In order to accomplish this,
the contractor shall provide to the Contracting Officer within seven (7) days after the award, the information
required in FAR Clause 52.232-38, Submission of Electronic Funds Transfer Information, which is included in the
Contract Clauses. However, if the Contractor is already paid electronically, there is no requirement to resubmit this
information unless the information has changed.
Invoices and DD250.
Submit invoices to COR, as detailed above, along with a completed DD Form 250 (Material Inspection and
Receiving Report) for acceptance of goods/services. Failure to properly submit invoices and DD250 may result in
delay in payment. Provide a courtesy copy of DD250 and invoice submissions to Contracting Officer.
In addition to the invoices, the Contractor shall submit proof of payment of all employees wages, per diem costs,
and costs associated with Government-directed relocations.
CLAUSES INCORPORATED BY REFERENCE
252.246-7000
Material Inspection And Receiving Report
MAR 2008
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252.201-7000
CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting
officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a
copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting
officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity,
delivery, or any other term or condition of the contract.
(End of clause)
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Section H - Special Contract Requirements
THEATER BUSINESS CLEARANCE
252.225-7997
CONTRACTOR DEMOBILIZATION (DEVIATION 2013-O0017) (AUGUST 2013)
(a) Generally, the Contractor is responsible for demobilizing all of its personnel and
equipment from the Afghanistan Combined Joint Operations Area (CJOA).
(b) Demobilization plan. The Contractor shall submit a demobilization plan to the
Contracting Officer for approval a minimum of 120 calendar days prior to the end of the current
contract performance period or as otherwise directed by the Contracting Officer. Upon
acceptance of the demobilization plan by the Contracting Officer, the demobilization plan
becomes a material part of the contract and the Contractor agrees to fully perform its
demobilization in accordance with that plan. The demobilization plan shall address the items
specified in this clause and must demonstrate the Contractors plans and ability to remove its
personnel and equipment from the CJOA and to return Government property no later than 30
days after the expiration of the current period of performance.
(c) Demobilization plan implementation. Every 30 calendar days after incorporation of
the plan into the contract, or as otherwise directed by the Contracting Officer, the Contractor
shall provide written information to the Contracting Officer and Contracting Officer
Representative that addresses the Contractors progress in implementing the plan. The
Contractor shall continue to provide the information in the preceding sentence until the
Contractor has completely and properly demobilized. If the Contracting Officer or Contracting
Officer Representative identifies deficiencies with the plan, as approved, or with the
implementation of that plan, the Contractor shall submit a corrective action plan (CAP) to those
officials within five calendar days to remedy those deficiencies. The Contracting Officer shall
review the CAP within five calendar days to determine whether the CAP is acceptable. Upon
approval by the Contracting Officer, the CAP becomes a material part of the demobilization
plan.
(d) Plan contents
(1) The plan shall identify the method of transportation (air, ground) the Contractor intends to
use to remove its personnel and equipment from the CJOA and whether that method of transportation
is Government or Contractor-furnished. If Government-furnished transportation is authorized, the
plan must identify the contract
term or condition which authorizes Government transportation of the personnel and equipment
associated with this contract.
(2) The plan shall identify the number of Contractor personnel to be demobilized by
category (U.S. citizens, Third Country Nationals (TCN), Local Nationals (LN)) and, for U.S. and
TCN personnel, identify the point of origin or home country to which they will be transported
and the timeline for accomplishing that objective. If U.S. or TCN employees have authorization
to remain in the CJOA after completion of demobilization, the plan shall identify the name each
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individual, their nationality, their location in the CJOA, and provide a copy of the authorization.
The plan shall also identify whether the Contractor needs the Contracting Officer to extend the
Letters of Authorization (LOA) for any Contractor personnel to execute the demobilization plan.
(3) The plan shall identify all Contractor equipment and the timeline for accomplishing
its demobilization. The Contractor shall identify all equipment, whether or not it is covered by
CJTSCC Acquisition Instruction Clause Inbound / Outbound Cargo and Contractor Equipment
Census. The plan shall also specify whether the Contractor intends to leave any equipment in
the CJOA, a list of all such equipment, including its location, and the reason(s) therefor.
(4) The plan shall identify all Government property provided or made available to the
Contractor under this contract or through any separate agreement or arrangement (e.g.,
Installation Mayors, Garrison Commanders). The plan shall also identify the timeline for
vacating or returning that property to the Government, including proposed dates for conducting
joint inspections.
(e) Demobilization requirements:
(1) The Contractor shall demobilize and return its personnel to their point of origin or
home country according to the approved demobilization plan.
(2) The Contractor is not authorized to use Government-furnished transportation unless
specifically authorized in this contract.
(3) The Contractor may request an extension of the LOAs only for those Contractor
personnel whose presence is required to execute the approved demobilization plan. The
Contractor shall submit its request no later than 30 calendar days prior to the expiration of the
current period of performance. LOAs may only be extended for a period up to 30 calendar days
after expiration of the current performance period. The request shall contain the following
information:
(i) The names of each individual requiring an extension.
(ii) The required extension period.
(iii) The justification for each extension (e.g., the specific function(s) the individual will
perform during the demobilization period). The Contractor is not entitled to any additional
compensation if LOAs are extended.
(4) The Contractor shall close out their employees deployments with the proper status
entered into the Synchronized Pre-Deployment Operational Tracker (SPOT) database (e.g.
active, redeployed, no-shows, killed, injured) within 72 hours of their employees re-deployment
and, if applicable, release their personnel in SPOT.
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(5) All Contractor equipment that is lost, abandoned or unclaimed personal property that
comes into the custody or control of the Government after the demobilization period has ended
may be sold or otherwise disposed of in accordance with 10 U.S.C. section 2575.
Notwithstanding the previous sentence and the Governments authority under 10 U.S.C. section
2575, the Government may exercise any other contractual rights for the Contractors failure to
perform in accordance with its demobilization plan.
(6) If the Contractor waives its interest to all lost, abandoned or unclaimed personal
property, the Contractor may still be liable for all costs incurred by the Government to remove or
dispose of the abandoned property.
(7) The Government may dispose of any and all lost, unclaimed, or abandoned personal
property in accordance with 10 U.S.C. section 2575.
(8) The Contractor shall return all Government property provided or made available
under this contract or through any separate agreement. The Contractor shall report all lost or
damaged Government property in accordance with DFARS 52.245-1(h) unless other procedures
are identified in the contract or separate agreement. If the Government inspects the property and
finds that damages or deficiencies have not been reported by the end of the demobilization
period, the Government may reduce payments under the contract by the amounts required to
correct the damages or deficiencies or replace the loss.
(9) The Contractor is liable for all cleanup, clearing, and/or environmental remediation
expenses incurred by the Government in returning a Government facility to its original condition. If
damages or deficiencies are discovered during the inspection of said facility, the Contractor shall
make the necessary repairs or corrections and then notify the Installation Mayor, Garrison
Commander, or their designees to arrange for a re-inspection of the facility. If the Installation Mayor
or Garrison Commander inspects the facility and finds that damages or deficiencies have not been
repaired or corrected by the end of the demobilization period, the Government may reduce payments
under the contract by the amounts required to correct the damages or deficiencies.
(10) The Contractor shall ensure that all employees, including all subcontractor
employees at all tiers, return installation and/or access badges to the local Access Control
Badging Office for de-activation and destruction according to the approved demobilization plan.
The Contractor shall submit a Badge Termination Report to ensure each record is flagged and
the badge is revoked. If an employees badge is not returned, the Contractor shall submit a Lost,
Stolen or Unrecovered Badge Report to the appropriate Access Control Badging Office.
Contractor employees in possession of a Common Access Card (CAC) shall be responsible for
turning in the CAC upon re-deployment through a CONUS Replacement Center in the United
States. Failure to comply with these requirements may result in delay of final payment.
(f) Subcontracts. The Contractor shall include the substance of this clause, including this
paragraph (f), in all subcontracts.
(End of Clause)
W912ER-16-R-0010
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252.229-7014
TAXES FOREIGN CONTRACTS IN AFGHANISTAN
(DEC 2015)
(a) This acquisition is covered by the Security and Defense Cooperation Agreement
(the Agreement) between the Islamic Republic of Afghanistan and the United States of America
signed on September 30, 2014, and entered into force on January 1, 2015.
(b) The Agreement exempts the Department of Defense (DoD), and its contractors and
subcontractors (other than those that are Afghan legal entities or residents), from paying any tax
or similar charge assessed on activities associated with this contract within Afghanistan. The
Agreement also exempts the acquisition, importation, exportation, reexportation, transportation,
and use of supplies and services in Afghanistan, by or on behalf of DoD, from any taxes,
customs, duties, fees, or similar charges in Afghanistan.
(c) The Contractor shall exclude any Afghan taxes, customs, duties, fees, or similar charges
from the contract price, other than those charged to Afghan legal entities or residents.
(d) The Agreement does not exempt Afghan employees of DoD contractors and
subcontractors from Afghan tax laws. To the extent required by Afghan law, the Contractor shall
withhold tax from the wages of these employees and remit those payments to the appropriate
Afghanistan taxing authority. These withholdings are an individuals liability, not a tax against
the Contractor.
(e) The Contractor shall include the substance of this clause, including this paragraph (e), in
all subcontracts, including subcontracts for commercial items.
(End of clause)
252.232-7003
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING
REPORTS (JUN 2012)
(a) Definitions. As used in this clause
(1) Contract financing payment and invoice payment have the
meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) Electronic form means any automated system that transmits
information electronically from the initiating system to all affected
systems. Facsimile, e-mail, and scanned documents are not acceptable
electronic forms for submission of payment requests. However, scanned
documents are acceptable when they are part of a submission of a payment
W912ER-16-R-0010
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request made using Wide Area WorkFlow (WAWF) or another electronic

form authorized by the Contracting Officer.
(3) Payment request means any request for contract financing
payment or invoice payment submitted by the Contractor under this
contract.
(4) Receiving report means the data required by the clause at
252.246-7000, Material Inspection and Receiving Report.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall
submit payment requests and receiving reports using WAWF, in one of the
following electronic formats that WAWF accepts: Electronic Data Interchange,
Secure File Transfer Protocol, or World Wide Web input. Information regarding
WAWF is available on the Internet at https://wawf.eb.mil/.
(c) The Contractor may submit a payment request and receiving report using
other than WAWF only when
(1) The Contracting Officer administering the contract for payment has
determined, in writing, that electronic submission would be unduly burdensome
to the Contractor. In such cases, the Contractor shall include a copy of the
Contracting Officers determination with each request for payment;
(2) DoD makes payment for commercial transportation services provided
under a Government rate tender or a contract for transportation services using a
DoD-approved electronic third party payment system or other exempted vendor
payment/invoicing system (e.g., PowerTrack, Transportation Financial
Management System, and Cargo and Billing System);
(3) DoD makes payment for rendered health care services using the
TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) When the Government-wide commercial purchase card is used as the
method of payment, only submission of the receiving report in electronic form is
required.
(d) The Contractor shall submit any non-electronic payment requests using the
method or methods specified in Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the
requirements of the appropriate payment clauses in this contract when submitting
payment requests.
(End of clause)
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5152.225-5902
FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS
(JUN 2015)
(a) The contractor shall ensure the individuals they deploy are in compliance with the current
USCENTCOM Individual Protection and Individual/Unit Deployment Policy, including TAB A,
Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR,
unless a waiver is obtained in accordance with TAB C, CENTCOM Waiver Request. The
current guidance is located at http://www2.centcom.mil/sites/contracts/Pages/GCP.aspx.
(b) 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.
(c) Contractor personnel who deploy for multiple tours, which exceed 12 months in total,
must be re-evaluated for fitness to deploy every 12 months IAW the current USCENTCOM
Individual Protection and Individual/Unit Deployment Policy standards. An examination will
remain valid for 15 months from the date of the physical. This allows an examination to be valid
up to 90 days prior to deployment. Once a deployment begins, the examination will only be
good for a maximum of 12 months. Any medical waivers received will be valid for a maximum
of 12 months. Failure to obtain an updated medical waiver before the expiration of the current
waiver renders the employee unfit and subject to redeployment.
(d) The contractor bears the responsibility for ensuring all employees are aware of the
conditions and medical treatment available at the performance location. The contractor shall
include this information in all subcontracts with performance in the theater of operations.
(e) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 091038, DoD Federal Acquisition Regulation Supplement (DFARS) PGI 225.74), resuscitative
care, stabilization, hospitalization at a Role 3 military treatment facility (MTF) for emergency
life-limb-eyesight care will be provided along with assistance for urgent patient movement.
Subject to availability, an MTF may provide reimbursable treatment for emergency medical or
dental services (e.g., broken bones, lacerations, broken teeth or lost fillings).
(f) Routine and primary medical care are not authorized. Pharmaceutical services are not
authorized for known or routine prescription drug needs of the individual. Routine dental care,
examinations and cleanings are not authorized
(g) Notwithstanding any other provision of the contract, the contractor shall be liable for any
and all medically-related services or patient movement rendered. To view reimbursement rates
that will be charged for services at all DoD deployed medical facilities please go to the following
website: http://comptroller.defense.gov/FinancialManagement/Reports/rates2014.aspx.
W912ER-16-R-0010
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(End of Clause)
5152.225-5904
MONTHLY CONTRACTOR CENSUS REPORTING
(AUG 2014)
Contractor shall provide monthly employee census information to the Contracting Officer, by
province, for this contract. Information shall be submitted either electronically or by hard-copy.
Information shall be current as of the 25th day of each month and received by the Contracting
Officer no later than the first day of the following month. The following information shall be
provided for each province in which work was performed:
The total number (prime and subcontractors at all tiers) employees.
The total number (prime and subcontractors at all tiers) of U.S. citizens.
The total number (prime and subcontractors at all tiers) of local nationals (LN).
The total number (prime and subcontractors at all tiers) of third-country nationals (TCN).
Name of province in which the work was performed.
The names of all company employees who enter and update employee data in the
Synchronized Pre-deployment & Operational Tracker (SPOT) IAW DFARS 252.225-7995 or
DFARS DoD class deviation 2014-O0018.
(End of Clause)
5152.225-5907
MEDICAL SCREENING AND VACCINATION REQUIREMENTS
FOR CONTRACTOR EMPLOYEES
OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR)
(JUN 2015)
(a) All contractor employees are required to be medically, dentally, and psychologically fit for
deployment and performance of their contracted duties as outlined in the Defense Federal
Acquisition Regulation Supplement (DFARS) clause 252.225-7995, Contractor Personnel
Performing in the United States Central Command Area of Responsibility. This clause requires
all contractor personnel to meet the theater specific medical qualifications established by the
Geographic Combatant Commander before deploying to, being granted installation access, or
performing work under the resultant contract. In the USCENTCOM Area of Operation (AOR),
the required medical screening, immunizations, and vaccinations are specified in the current
USCENTCOM individual Protection and Individual Unit Deployment Policy and DoD
Instruction (DODI) 3020.41, Operational Contract Support (OCS). Current medical screening,
immunization, and vaccination requirements are available at
http://www2.centcom.mil/sites/contracts/Pages/GCP.aspx. The current DODI is available at
http://www.dtic.mil/whs/directives/corres/ins1.html. The current list of immunization and
vaccination requirements are available at http://www.vaccines.mil.
W912ER-16-R-0010
Page 47 of 238
(b) The USCENTCOM policy requires contractors to ensure adequate health management is
available for Tuberculosis (TB) screening, diagnosis, treatment, and isolation during the life of
the contract. This includes management and compliance with all prescribed public health actions
regarding TB and the responsibility to ensure adequate health management is available at the
Contractors medical provider or local economy providers location for all contractor and
subcontractor employees throughout the life of the contract. The contractor shall maintain
medical screening documentation, in English, and make it available to the Contracting Officer,
military public health personnel, or Base Operations Center installation access badging
personnel upon request.
(1) U.S. Citizens are considered Small-Risk Nationals (SRNs) as the U.S. has less than 25
TB cases per 100,000 persons. A TB testing method of either a TB skin test (TST) or Interferon
Gamma Release Assay (IGRA) may be used for pre-deployment and annual re-screening of all
U.S. Citizens employed under the contract. For a contact investigation, all personnel with a
positive TST or IGRA will be evaluated for potential active TB with a symptom screen,
exposure history and CXR. A physical copy of all TST, IGRA, and/or CXRs and radiographic
interpretation must be provided at the deployment center designated in the contract, or as
otherwise directed by the Contracting Officer, prior to deployment and prior to installation
access badge renewal.
(2) Other Country Nationals (OCNs) and Local Nationals (LNs) shall have predeployment/employment testing for TB using a Chest x-ray (CXR) and a symptom survey
completed within 3 months prior to the start of deployment/employment, with annual rescreening prior to installation access badge renewal. This is the only way to verify interval
changes should an active case of TB occur. When conducting annual re-screening, the
Contractors medical provider or local economy provider will look for interval changes from
prior CXRs and review any changes in the symptom survey. A physical copy of the CXR film
with radiographic interpretation showing negative TB results must be provided to the Base
Operations Center prior to the start of deployment/employment, with annual re-screening prior to
installation access badge renewal.
(3) After arrival in the USCENTCOM AOR, all cases of suspected or confirmed active TB
must be reported to the theater Preventive Medicine (PM) Physician and/or TB Consultant
within 24 hours. Contact tracing, and medical coding, have specific requirements. After
consultation with the Theater PM or TB Consultant, the contractor or sub-contractor with
suspected or confirmed TB are required to be evacuated to the closest civilian hospital for
treatment. The Contractor is responsible for management and compliance with all prescribed
public health actions. The employee, contractor/sub-contractor shall be transported out of
theater following three (3) consecutive negative sputum smears.
(c) All employees, contractors and sub-contractors, involved in food service, water and/or ice
production facilities must be pre-screened prior to deployment and re-screened annually for signs
and symptoms of infectious diseases. This includes a stool sample test for ova and parasites.
Additionally, all employees, contractors and sub-contractors, will have completed: (1) the full
W912ER-16-R-0010
Page 48 of 238
series of immunization for Typhoid and Hepatitis A (full series) immunizations per the Centers
for Disease Control and Prevention guidelines (e.g. typhoid vaccination booster is required every
2 years); (2) the required TB tests; and (3) screening for Hepatitis B and C.
(d) Proof of pre-deployment and deployment medical screening, immunizations, and
vaccinations (in English) for employees, contractors and sub-contractors shall be made available
to the designated Government representative throughout the life of the contract, and provided to
the Contracting Officer, for a minimum of six (6) years and (3) months from the date of final
payment under the contract.
(End of Clause)
5152.225-5908
GOVERNMENT FURNISHED CONTRACTOR SUPPORT
(JUN 2015)
The following is a summary of the type of support the Government will provide the contractor.
Services will be provided to contractors at the same level as they are provided to military and
DoD civilian personnel. In the event of any discrepancy between this summary and the
description of services in the Statement of Work, this clause will take precedence. These
services are only provided at the following locations: throughout Afghanistan. When contractor
employees are in transit, all checked blocks are considered authorized. NOTE: The services
marked in this special clause must be consistent with information marked on the approved
GFLSV form.
U.S. Citizens
APO/MPO/DPO/Postal Service DFACs****
Mil Issue Equip
Authorized Weapon****** Excess Baggage MILAIR (inter/intra theater)
Billeting***

Fuel Authorized MWR
CAAF*

Govt Furnished Meals****
Controlled Access Card (CAC)
Military Banking Transportation
Installation Access Badge Laundry Military Clothing
Military Exchange

None
Embassy Services Kabul**
Third-Country National (TCN) Employees

N/A
AuthorizedWeapon******
theater)
Billeting***
CAAF*
ControlledAccessCard(CAC)
InstallationAccessBadge
MilitaryExchange
DFACs****
ExcessBaggage
MilIssueEquip
MILAIR(inter/intra
MWR
MilitaryClothing
Transportation
All
FuelAuthorized
GovtFurnishedMeals****
MilitaryBanking
Laundry
None
Local National (LN) Employees
W912ER-16-R-0010
Page 49 of 238
N/A
AuthorizedWeapon******
Billeting***
CAAF*
ControlledAccessCard(CAC)
InstallationAccessBadge
MilitaryExchange
DFACs****
ExcessBaggage
FuelAuthorized
GovtFurnishedMeals****
MilitaryBanking
Laundry
None
MilIssueEquip
MILAIR(intratheater)
MWR
MilitaryClothing
Transportation
All
* CAAF is defined as Contractors Authorized to Accompany Forces.

** Applies to US Embassy Life Support in Afghanistan only. See special note below
regarding Embassy support.
***AfghanistanLifeSupport.Duetothedrawdownofbaselifesupportfacilitiesthroughoutthe
country,standardswillbeloweringtoanexpeditionaryenvironment.Expeditionarystandardswillbe
basespecific,andmayincludedowngradingfrompermanenthousing(bhuts,hardenedbuildings)to
temporarytentsorotherfacilities.
****Check the DFAC AND Government Furnished Meals boxes if the contractor will
have access to the DFAC at no cost. Government Furnished Meals (GFM) is defined as meals
at no cost to the contractor (e.g, MREs, or meals at the DFAC. If GFM is checked, DFAC
must also be checked.
Due to drawdown efforts, DFACS may not be operational. Hot meals may drop from three
per day to one or none per day. MREs may be substituted for DFAC-provided meals; however,
contractors will receive the same meal standards as provided to military and DoD civilian
personnel.
*****Military Banking indicates approved use of military finance offices to either obtain an
Eagle Cash Card or cash checks.
******AuthorizedWeaponindicatesthisisaprivatesecuritycontractrequirementandcontractor
employees,uponapproval,willbeauthorizedtocarryaweapon.IftheserviceisNOTaprivatesecurity
contract,thecheckingofthisboxdoesNOTauthorizeweaponsforselfdefensewithouttheapprovalof
theUSFORACommanderinaccordancewithUSFORApolicy.Afteraward,thecontractormayrequest
armingforselfdefenseoffaU.S.installationtotheContractingOfficersRepresentativeandinCAAMS.
SPECIALNOTEUSEmbassyAfghanistanLifeSupport:ThetypeandamountofsupportthattheU.S.
EmbassyMissioninKabul,Afghanistan,providestocontractors,ifany,mustbecoordinatedinadvance
betweentheU.S.MissionandthecontractingagencyinaccordancewithDepartmentofStateForeign
AffairsHandbook,2FAH2.ContractorsarenotauthorizedtodeploypersonnelrequiringUSMission
supportpriortoreceivingclearancefromtheContractingOfficer.
SPECIAL NOTE ON MILAIR MILAIR is allowed for the transportation of DoD

contractor personnel (US, TCN, LN) as required by their contract and as approved in
writing by the Contracting Officer or Contracting Officer Representative. Transportation
is also allowed for contractor equipment required to perform the contract when that
equipment travels with the contractor employee (e.g., special radio test equipment, when
the contractor is responsible for radio testing or repair)
(End of Clause)
W912ER-16-R-0010
Page 50 of 238
5152.225-5915
CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY
(JUN 2014)
(a) Contract performance may require work in dangerous or austere conditions. Except as
otherwise provided in the contract, the contractor accepts the risks associated with required
contract performance in such operations.
(1) Unaccounted Personnel: It is the expectation of the USG that any contractor brought
into Afghanistan for the sole purposes of performance of work on a USG contract must be
accounted for at all times by their respective employers. Additionally, contractors who maintain
living quarters on a USG base shall verify the location of each of its employees living quarters a
minimum of once a month. If a DoD contracted employee becomes missing and evidence does
not indicate foul play, a Personnel Recovery (PR) event is NOT automatically triggered. Such
an event will be treated as an accountability battle drill by the employers chain of command or
civilian equivalent.
(2) Contractor Responsibilities: The contractor is responsible to take all necessary steps
to locate and investigate the unaccounted for employee(s) whereabouts to the maximum extent
practicable. To assist in this process, contractors may use the Operational Contracting Support
Drawdown Cell as a resource to track or research employees last known location and/or to view
LOAs. All missing personnel will be immediately reported to the installation division
Personnel Recovery Officer (PRO), Mayors cell, Military Police Station and/or the Criminal
Investigative Division, and the Base Defense Operations Center (BDOC).
(3) Contractor Provided Information: If it is determined that a potential criminal act has
occurred, the USD PRO (or USFOR-A Personnel Recovery Division (PRD) with prior
coordination) will attempt to validate the missing persons identity through the employer. The
contractor shall provide the information to PRD within 12 hours of request. The required
information the contractor should keep on file includes but is not limited to: copy of the
individuals Letter of Authorization generated by the Synchronized Pre-deployment and
Operational Tracker System (SPOT), copy of passport and visas, housing information of where
the individual resides such as room number and location, DD Form 93, Record of Emergency
Data, copy of badging, and contact information for known friends or associates.
(b) If USFOR-A PRD determines through investigation that the unaccounted personnel have
voluntarily left the installation either seeking employment with another contractor or other nonmission related reasons, PRD will notify the contractor. The contractor shall ensure that all
government-related documents such as LOAs, visas, etc. are terminated/reconciled
appropriately within 24 hours of notification by PRD in accordance with subparagraph (a)(8) of
DFARS clause 252.225-7997 entitled Contractor Demobilization. Contractors who fail to
account for their personnel or whose employees create PR events will be held in breach of their
contract and face all remedies available to the Contracting Officer.
W912ER-16-R-0010
Page 51 of 238
(c) Contractors shall notify the Contracting Officer, as soon as practicable, whenever
employee kidnappings, serious injuries or deaths occur. Report the following information:
Contract Number
Contract Description & Location
Company Name
Reporting party:
Name
Phone number
e-mail address
Victim:
Name
Gender (Male/Female)
Age
Nationality
Country of permanent residence
Incident:
Description
Location
Date and time
Other Pertinent Information
(End of Clause)
5152.247-5900
INBOUND/OUTBOUND CARGO AND CONTRACTOR EQUIPMENT CENSUS
(APR 2012)
a. Movement and coordination of inbound and outbound cargo in Afghanistan is critical to
ensuring an effective drawdown. The contractor shall provide visibility of their inbound cargo
and equipment via the Synchronized Pre-deployment Operational Tracker (SPOT) census for
their contract. This requirement includes the prime and subcontractors at all tiers cargo and
equipment. The contractor shall report any individual piece of equipment valued at $50,000 or
more. Incoming cargo and equipment census data shall be input 30 days prior to start of
performance or delivery of supplies and quarterly thereafter for inbound and outbound
equipment.
b. This reporting is required on Rolling Stock (RS), Non Rolling Stock (RNRS), and Twenty
foot Equivalent Units (TEU). The following definitions apply to these equipment/cargo
categories:
W912ER-16-R-0010
Page 52 of 238
(1) Rolling Stock (RS): All equipment with wheels or tracks, that is self-propelled, or is
un-powered and can be towed by a vehicle on a roadway. Also includes standard
trailer mounted equipment such as generators, water purification equipment, and
other support equipment with permanent wheels. Specific examples of R/S include
Wheeled Armored Vehicles (WAVS), Mine-Resistant Ambush-Protected (MRAP)
family of vehicles (FOVS), and Highly Mobile Multipurpose Wheeled Vehicles
(HMMWVS).
(2) Non Rolling Stock (RNRS): All equipment that is not classified as Rolling Stock.
Includes equipment that is not trailer-mounted or originally designed to be driven or
towed over a roadway.
(3) Twenty foot Equivalent Units (TEU): Standard unit for describing a ships cargo
capacity, or a shipping terminals cargo handling capacity. One TEU represents the
cargo capacity of a standard intermodal shipping container, 20 feet long, 8 feet wide,
and 8.5 feet high. One TEU is equivalent to 4 QUADCONS and 3 TRICONS. One
TEU has an internal volume of 1,166 cubic feet.
c. This data will be used by United States Forces-Afghanistan (USFOR-A) to assist in
tracking the drawdown of Afghanistan. The contractor is responsible for movement of their
own cargo and equipment. The data provided by contractors is for informational purposes only
in order to plan and coordinate the drawdown effort. The Government assumes no responsibility
for contractor demobilization except as stated in individual contract terms and conditions.
(End of Clause)
SPECIAL NOTICES
1. UNAUTHORIZED USE OF OTHER CONTRACTS: The USACE Personal Services Staff are not authorized
to receive life support or transportation from companies and their employees who are working contracts other than
the contract resulting from this Solicitation.
2. POST-AWARD CONFERENCE: At the earliest practicable time, and no later than 30 days after contract
award, the Contractor and any subcontractors whose presence is necessary or requested, shall meet in conference
with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to the details
of the administration and execution of this contract. This will include but not necessarily be limited to the
Contractors Quality Control Plan, the Contractors Accident Prevention Program, submittals, correspondence,
schedule, access to the work site, security requirements, interface requirements, temporary facilities and services,
hazards and risks, working after normal hours, assignment of inspectors, representations, special requirements, and
other aspects of this project that warrant clarification and understanding.
CMRA
CONTRACTOR MANPOWER REPORTING:
The Office of the Assistance Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure
Army data collection site where the contractor will report ALL contractor manpower (including subcontractor
manpower) required for performance of this contract. The contractor is required to completely fill in all the
information in the format using the following web address:
https://cmra.army.mil
The required information includes:
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Page 53 of 238
1) Contracting Office, Contracting Officer, Contracting Officers Technical Representative;
2) Contract number;
3) Beginning and ending dates covered by reporting period;
4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data;
5) Estimated direct labor hours (including sub-contractors);
6) Estimated direct labor dollars paid this reporting period (including sub-contractors);
7) Total payments (including sub-contractors);
8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominate
FSC for each sub-contractor if different;
9) Estimated data collection cost;
10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the
Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this
information);
11) Locations where contractor and sub-contractor perform the work (specified by zip code in the United States and
nearest city, country, when in an overseas location, using standardized nomenclature provided on the website);
12) Presence of deployment or contingency contract language; and
13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As
part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this
reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending
September 30 of each government fiscal year and must be reported by 31 October of each calendar year.
Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML
direct transfer is a format for transferring files from a contractors systems to the secure web site without the need to
separate data entries for which required data element at the web site. The specific formats for the XML direct
transfer may be downloaded for the web site*.
*Note: For in-theater contracts, requiring activities have the option of requiring more frequent reporting.
SPECIAL CONTRACT REQUIREMENTS

1. PASSPORT, VISAS AND CUSTOMS
The Contractor is responsible for obtaining all passports, visa, and other documents necessary for Contractor
personnel to enter and exit any area of operation.
2. ENTRY AND EXIT PROVISIONS FOR DEPARTMENT OF DEFENSE (DOD) CONTRACTORS
PERFORMING IN AFGHANISTAN
Entry and exit provisions for this procurement fall under the Military Technical Agreement (MTA) entered into
between the International Security Assistance Forces (ISAF) and Interim Administration of Afghanistan in April
2002, the 2004 Exchange of Notes between NATO and Afghanistan and the 2011 Letter of Interpretation issued by
Commander ISAF on 9 March 2011. Under the provisions of the MTA, DoD contractor and subcontractor
personnel who are not citizens or residents of Afghanistan may rely on military issued identification and collective
movement or individual travel orders to enter or exit Afghanistan in support of the International Security Force. The
contractor and subcontractor personnel must comply with all applicable U.S., Afghanistan and third country
national laws as well as any other applicable treaties and international agreements.
(End of Instruction)
3. AFGHANISTAN BUSINESS REGISTRATION PROCEDURES FOR U.S. COMPANIES3
a. A company must first be licensed and in good standing in the U.S to be licensed as a U.S/foreign company in
Afghanistan. The contractor must also have a physical address, telephone number and contact for its office in
Afghanistan. You may begin by having a notarized copy of your U.S Business License (if not incorporated),
Articles of Incorporation (if incorporated) and any powers of Attorney and have each of these documents attested
by your state and Federal Government authorities in the U.S.
b. Have any Powers of Attorney translated into Dari (Farsi) or Pashto and include along with your original U.S
attested documents (from Step 1 above) to the Consulate Section of the Embassy of Afghanistan in Washington D.C
for attestation of the final set of documents by the Afghan Government in the U.S.
c. Take the final set of Consulate attested documents along with your companys IRS tax ID number and a copy
of U.S passports of key Principals of the company (President, V.P) to the U.S Embassy in Kabul (Economic
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Section) for issuance of a referral letter to the Ministry of Foreign Affairs of Afghanistan in Kabul.
d. Bring your U.S Embassy referral letter together with all documents to the Ministry of Foreign Affairs in
Kabul (the Trade, Transit and Investment Directorate) who will the issue a final referral letter either to the
Afghanistan Investment Support Agency (AISA) or the Ministry of Commerce & Industry (MoCI) depending on the
nature of your work.
e. In order to obtain a Trade Business License (for Import/ Export activities) follow all the above stated
procedures except that you should go to the MoCI Business Licensing Department for final processing of your
license. In some cases, you will need to register in both places, depending on the nature of your companys work.
f. Key contacts for Business Licensing in Afghanistan:
(1) U.S Embassy in Kabul Economic Section
Website: http://kabul.usembassy.gov/econsection.htlm
Telephone: 0093 (0) 700-10-8001
Email: KabulEcon@state.gov
Address: Embassy of the United States Kabul, Afghanistan
(2) Ministry of Foreign Affairs Trade, Transit and Investment Directorate
Website: www.mfa.gov.af
Telephone: +93(0)20-210-0377
Address: Malik Azghar Road, Kabul, Afghanistan
Email: contact@mfa.gov.af
(3) Ministry of Commerce and Industry (MoCI)
Website: www.commerce.gov.af
Telephone: 0093-(0)700-225-718
Address: Darul Aman Road, Karte Se, Kabul, Afghanistan
g. For all further inquiries please contact:
(1) Consulate Section of Afghanistan (Office Hours Mon. Fri, 9:00am 1:00pm)
Address: (Georgetown Plaza) 2233 Wisconsin Ave. NW Suite # 216 Washington, D.C 20007
Telephone: 202-298-9125 Fax: 202-298-9127
Website: www.embassyofafghanistan.org
Services: Visas, legalization of documents, attesting, powers of attorney, etc.
Note: Other official Afghan Consulates are located in New York and Los Angeles.
(2) Embassy of Afghanistan, Washington, D.C., Commercial Attach
Website : www.afghanistanbusinessgateway.com
Telephone: (202) 483-6410 ext. 8029
Email: Shakib.Noori@embassyofafghanistan.org
Services: All other general business inquiries nation-wide for the U.S & Latin America
4. AFGHANISTAN INVESTMENT SUPPORT AGENCY (AISA) LICENSE REQUIREMENT
An investment license issued by AISA is required and is renewed annually. Registration information can be found
at http://www.aisa.org.af/licensing.
Additional AISA contact information:
Telephone: 0093(0) 20-210-3404
Address: Opposite Ministry of Foreign Affairs, Kabul, Afghanistan
Email: invest@aisa.org.af
5. CONTRACTOR LIAISON WITH HOST GOVERNMENT
All communication by the Contractor with all officials, representatives and/or offices of the Host Government in all
matters pertaining to this contract, shall be through and in full liaison with the Contracting Officer. This does not
relinquish Contractor responsibility for obtaining routine items to conduct day-to-day business, such as visas,
permits, and custom clearances.
6. VEHICLE AND EQUIPMENT OPERATION
The Contractor shall ensure that deployed personnel possess the required licenses to operate all vehicles or
equipment necessary to perform the contract in the theater of operations.
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252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2015-O0016) (SEP

2015)
(a) The Contractor shall
(1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this contract are
provided directly or indirectly (including through subcontracts) to a person or entity who is actively opposing United States
or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in
hostilities;
(2) Check the list of prohibited/restricted sources in the System for Award Management at www.sam.gov
(i) Prior to subcontract award; and
(ii) At least on a monthly basis; and
(3) Terminate or void in whole or in part any subcontract with a person or entity listed in SAM as a prohibited or restricted
source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Contracting Officer provides to the
Contractor written approval of the Head of the Contracting Activity to continue the subcontract.
(b) The Head of the Contracting Activity has the authority to
(1) Terminate this contract for default, in whole or in part, if the Head of the Contracting Activity determines in writing that
the contractor failed to exercise due diligence as required by paragraph (a) of this clause; or
(2)(i) Void this contract, in whole or in part, if the Head of the Contracting Activity determines in writing that any funds
received under this contract have been provided directly or indirectly to a person or entity who is actively opposing United
States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged
in hostilities.
(ii) When voided in whole or in part, a contract is unenforceable as contrary to public policy, either in its entirety or with
regard to a segregable task or effort under the contract, respectively.
(c) The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts, including
subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed
outside the United States and its outlying areas.
(End of clause)
252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE

UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2015-O0013) (MAR
2015)
(a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine
any records of the Contractor to the extent necessary to ensure that funds available under this contract are not
(1) Subject to extortion or corruption; or
(2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively
opposing United States or coalition forces in a contingency operation.
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(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this contract
that have an estimated value over $100,000.
(End of clause)
252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL COMMAND

AREA OF RESPONSIBILITY (DEVIATION 2015-O0009)(JAN 2015)
Combatant Commander means the Commander of the United States Central Command Area of Responsibility.
Contractors authorized to accompany the Force, or CAAF, means contractor personnel, including all tiers of
subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been
afforded CAAF status through a letter of authorization. CAAF generally include all U.S. citizen and third-country national
employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S.
Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments).
Personnel collocated with U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some
cases, Combatant Commander subordinate commanders may designate mission-essential host nation or local national
contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors
deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable
operations within the boundaries and territories of the United States.
Designated reception site means the designated place for the reception, staging, integration, and onward
movement of contractors deploying during a contingency. The designated reception site includes assigned joint
reception centers and other Service or private reception sites.
Law of war means that part of international law that regulates the conduct of armed hostilities. The law of war
encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens,
including treaties and international agreements to which the United States is a party, and applicable customary international
law.
Non-CAAF means personnel who are not designated as CAAF, such as local national (LN) employees and nonLN employees who are permanent residents in the operational area or third-country nationals not routinely residing
with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the operational area)
who perform support functions away from the close proximity of, and do not reside with, U.S. Armed Forces.
Government-furnished support to non-CAAF is typically limited to force protection, emergency medical care, and
basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when performing their
jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status does not apply to contractor personnel in
support of applicable operations within the boundaries and territories of the United States.
Subordinate joint force commander means a sub-unified commander or joint task force commander.
(b) General.
(1) This clause applies to both CAAF and non-CAAF when performing in the United States Central Command
(USCENTCOM) Area of Responsibility (AOR)
(2) Contract performance in USCENTCOM AOR may require work in dangerous or austere conditions. Except as
otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such
operations.
(3) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, contractor
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personnel are only authorized to use force for individual self-defense.
(4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate
use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United
States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).
(5) 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) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with
the level of security provided DoD civilians.
(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable
operations. Additionally, non-CAAF employees who are injured while in the vicinity of U. S. Armed Forces will
normally receive emergency medical and dental care. Emergency medical and dental care includes medical care
situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include
examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair
of broken bones, lacerations, infections; and traumatic injuries to the dentition. 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.
(3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of
authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or
within the USCENTCOM AOR. The letter of authorization also will identify any additional authorizations, privileges, or
Government support that Contractor personnel are entitled to under this contract. Contractor personnel who are issued a
letter of authorization shall carry it with them at all times while deployed.
(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel
engaged in the USCENTCOM AOR under this contract.
(d) Compliance with laws and regulations.
(1) The Contractor shall comply with, and shall ensure that its personnel performing in the USCENTCOM AOR are
familiar with and comply with, all applicable
(i) United States, host country, and third country national laws;
(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;
(iii) United States regulations, directives, instructions, policies, and procedures; and
(iv) 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.
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(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its
employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause.
(3) The Contractor shall ensure that CAAF and non-CAAF are aware
(i) Of the DoD definition of sexual assault in DoDD 6495.01, Sexual Assault Prevention and Response Program;
(ii) That the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph
(e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice,
Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and
(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to the
contractor employees (see paragraph (h)(1) of this clause).
(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this clause, any
alleged offenses under
(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving
with or accompanying an armed force in the field during a declared war or contingency operations); or
(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).
(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed area,
before beginning such work, information on the following:
(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.
(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an
alleged offense described in paragraph (d)(4) of this clause.
(iii) This section does not create any rights or privileges that are not authorized by law or DoD policy.
(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following
(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;
(ii) Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;
(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;
(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html;
(v) To any command of any supported military element or the command of any base.
(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the
DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms
of victim or witness protections should contact the nearest military law enforcement office.
(8) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces deployed outside the United
States are aware of their rights to
(A) Hold their own identity or immigration documents, such as passport or drivers license;
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(B) Receive agreed upon wages on time;
(C) Take lunch and work-breaks;
(D) Elect to terminate employment at any time;
(E) Identify grievances without fear of reprisal;
(F) Have a copy of their employment contract in a language they understand;
(G) Receive wages that are not below the legal in-country minimum wage;
(H) Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and
(I) If housing is provided, live in housing that meets host-country housing and safety standards.
(e) Preliminary personnel requirements.
(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specific requirements
for each category will 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 CAAF deploying in support of an applicable operation
(A) Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties;
(B) Meet the minimum medical screening requirements, including theater-specific medical qualifications as established by
the geographic Combatant Commander (as posted to the Geographic Combatant Commanders website or other venue);
and
(C) Have received all required immunizations as specified in the contract.
(1) During predeployment processing, the Government will provide, at no cost to the Contractor, any military-specific
immunizations and/or medications not available to the general public.
(2) All other immunizations shall be obtained prior to arrival at the deployment center.
(3) All CAAF and selected non-CAAF, as specified in the statement of work, shall bring to the USCENTCOM
AOR a copy of the Public Health Service Form 791, International Certificate of Vaccination that shows
vaccinations are current.
(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit the
USCENTCOM AOR and have a Geneva Conventions identification card, or other appropriate DoD identity credential,
from the deployment center.
(iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearance requirements are in
DoD Directive 4500.54E, DoD Foreign Clearance Program. For this purpose, CAAF are considered non-DoD contractor
personnel traveling under DoD sponsorship.
(v) All deploying personnel have received personal security training. At a minimum, the training shall
(A) Cover safety and security issues facing employees overseas.
(B) Identify safety and security contingency planning activities; and
(C) Identify ways to utilize safety and security personnel and other resources appropriately.
(vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD
Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors.
(vii) Personnel have received law of war training as follows:
(A) Basic training is required for all CAAF. The basic training will be provided through
(1) A military-run training center; or
(2) A web-based source, if specified in the contract or approved by the Contracting Officer.
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(B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor
personnel as specified in the contract.
(2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the
host country, that
(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that
would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within
the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of
the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.);
(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is
determined to constitute a war crime when committed by a civilian national of the United States;
(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic,
consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and
(iv) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction of the Uniform Code
of Military Justice under 10 U.S.C. 802(a)(10).
(v) Such employees are required to report offenses alleged to have been committed by or against contractor
personnel to appropriate investigative authorities.
(vi) Such employees will be provided victim and witness protection and assistance.
(f) Processing and departure points. CAAF shall
(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer,
prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of
contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in
paragraph (e)(1) of this clause;
(2) Use the point of departure and transportation mode directed by the Contracting Officer; and
(3) Process through a designated reception site (DRS) upon arrival at the deployed location. The DRS will validate
personnel accountability, ensure that specific USCENTCOM AOR entrance requirements are met, and brief contractor
personnel on theater-specific policies and procedures.
(g) Personnel data.
(1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system to enter
and maintain data for all Contractor employees covered by this clause, following the procedures in paragraph (g)(3) of this
clause.
(2) Upon becoming an employee under this contract, the Contractor shall enter into SPOT, and shall continue to use SPOT
web-based system to maintain accurate, up-to-date information throughout the employment in the AOR. Changes to status
of individual contractor personnel relating to their in-theater arrival date and their duty location, to include closing out the
employment in the AOR with their proper status (e.g., mission complete, killed, wounded) shall be annotated within the
SPOT database in accordance with the timelines established in the SPOT business rules.1
(i) In all circumstances, this includes any personnel performing private security functions and CAA.
1
Hyperlink to http://www.acq.osd.mil/log/PS/spot.html
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(ii) For personnel other than those performing private security functions and CAAF, this requirement excludes
anyone
(A) Hired under contracts valued below the simplified acquisition threshold;
(B) Who will be performing in the CENTCOM AOR less than 30 continuous days; or
(C) Who, while afloat, are tracked by the Diary message Reporting System.
(3) Follow these steps to register in and use SPOT:
(i) SPOT registration requires one of the following login methods:
(A) A Common Access Card (CAC) or a SPOT-approved digital certificate; or
(B) A Government-sponsored SPOT user ID and password. This type of log-in method is only allowed for those
individuals who are not authorized to obtain a CAC or an external digital certificate, and requires SPOT Program
Management Office approval.
(ii) To register in SPOT:
(A) Contractor company administrators should register for a SPOT account at https://spot.dmdc.mil; and
(B) The customer support team must validate user need. This process may take two business days. Company
supervisors will be contacted to validate Contractor company administrator account requests and determine the
appropriate level of user access.
(iii) Upon approval, all users will access SPOT at https://spot.dmdc.mil/ .
(iv)(A) Refer SPOT application assistance questions to the Customer Support Team at
(1) Phone: 703-578-5407, DSN 312-698-5407; or
(2) Email: dodhra.beau-alex.dmdc.mbx.spot-helpdesk@mail.mil.
(B) Refer to the SPOT OSD Program Support website at http://www.acq.osd.mil/log/PS/spot.html for additional
training resources and documentation regarding registration for and use of SPOT.
(h) Contractor personnel.
(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any contractor personnel
who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of
this contract. Such action may be taken at the Governments discretion without prejudice to its rights under any other
provision of this contract, including the Termination for Default clause.
(2) The Contractor shall identify all personnel who occupy a position designated as mission essential and ensure the
continuity of essential Contractor services during designated operations, unless, after consultation with the
Contracting Officer, Contracting Officers representative, or local commander, the Contracting Officer directs
withdrawal due to security conditions.
(3) The Contractor shall ensure that contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause and any
specific Combatant Commander guidance on reporting offenses alleged to have been committed by or against contractor
(4) Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access Card, to
appropriate U.S. Government authorities at the end of their deployment (or, for non-CAAF, at the end of their employment
under this contract).
(i) Military clothing and protective equipment.
(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the
Combatant Commander. If authorized to wear military clothing, contractor personnel must
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(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel,
consistent with force protection measures; and
(ii) Carry the written authorization with them at all times.
(2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for
safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.
(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to
ensure the safety and security of contractor personnel.
(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the
Contracting Officer.
(j) Weapons.
(1) If the Contractor requests that its personnel performing in the USCENTCOM AOR be authorized to carry weapons for
individual self-defense, the request shall be made through the Contracting Officer to the Combatant Commander, in
accordance with DoD Instruction 3020.41. The Combatant Commander will determine whether to authorize in-theater
contractor personnel to carry weapons and what weapons and ammunition will be allowed.
(2) If contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of this clause, the
Contracting Officer will notify the Contractor what weapons and ammunition are authorized.
(3) The Contractor shall ensure that its personnel who are authorized to carry weapons
(i) Are adequately trained to carry and use them
(A) Safely;
(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and
(C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law;
(ii) Are not barred from possession of a firearm by 18 U.S.C. 922;
(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and
accountability of weapons and ammunition;
(iv) Comply with applicable Combatant Commander and local commander force-protection policies; and
(v) Understand that the inappropriate use of force could subject them to U.S. or host-nation prosecution and civil liability.
(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by contractor personnel rests
solely with the Contractor and the Contractor employee using such weapon.
(5) Upon redeployment or revocation by the Combatant Commander of the Contractors authorization to issue firearms,
the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by
(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or
equipment necessary to perform the contract in the USCENTCOM AOR.
(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the
USCENTCOM AOR whose function is to determine that certain items are scarce goods or services, the Contractor shall
coordinate with that organization local purchases of goods and services designated as scarce, in accordance with
instructions provided by the Contracting Officer.
(m) Evacuation.
(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide
assistance, to the extent available, to United States and third country national contractor personnel.
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(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the
Contractor shall maintain personnel on location sufficient to meet obligations under this contract.
(n) Next of kin notification and personnel recovery.
(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee
dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted.
(2) In the case of isolated, missing, detained, captured, or abducted contractor personnel, the Government will assist in
personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of
Defense.
(o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by the
DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD Instruction
3020.41, Operational Contractor Support.
(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting
Officer may, at any time, by written order identified as a change order, make changes in the place of performance or
Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this
paragraph (p) shall be subject to the provisions of the Changes clause of this contract.
(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all
subcontracts when subcontractor personnel are performing in the USCENTCOM AOR.
(End of clause)
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Section I - Contract Clauses
52.210-1
Market Research
APR 2011
52.202-1
DEFINITIONS (NOV 2013)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition
Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the
solicitation was issued, unless-(a) The solicitation, or amended solicitation, provides a different definition;
(b) The contracting parties agree to a different definition;
(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different
meaning; or
(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
(End of clause)
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
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(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)
52.203-5
COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract
upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or
violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct
from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a
contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to
solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or
contracts through improper influence.
"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the
contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes
to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any
Government contract or contracts through improper influence.
"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is
contingent upon the success that a person or concern has in securing a Government contract.
"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government
employee or officer to give consideration or to act regarding a Government contract on any basis other than the
merits of the matter.
(End of clause)
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or
prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by
such subcontractors directly to the Government of any item or process (including computer software) made or
furnished by the subcontractor under this contract or under any follow-on production contract.
(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise
authorized by law or regulation.
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(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts
under this contract which exceed the simplified acquisition threshold.
52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

(a) Definitions.
"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or
compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or
subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection
with a prime contract or in connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock
company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for
the purpose of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United
States.
"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime
Contractor.
"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or
subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime
contract.
"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish
or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract
entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes
general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from-(1) Providing or attempting to provide or offering to provide any kickback;
(2) Soliciting, accepting, or attempting to accept any kickback; or
(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor
to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier
subcontractor.
(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible
violations described in paragraph (b) of this clause in its own operations and direct business relationships.
(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause
may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be
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made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not
have an inspector general, or the Attorney General.
(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in
paragraph (b) of this clause.
(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States
under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor
under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld
under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset
those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the
Contracting Officer when the monies are withheld.
(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but
excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)
(a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102-2104,
Restrictions on Obtaining and Disclosing Certain Information, the Government may-(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or
(2) Rescind the contract with respect to which-(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct
violates 41 U.S.C. 2102 for the purpose of either-(A) Exchanging the information covered by such subsections for anything of value; or
(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or
(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the
Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).
(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover,
in addition to any penalty prescribed by law, the amount expended under the contract.
(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other
rights and remedies provided by law, regulation, or under this contract.
(End of clause)
52.203-10
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
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(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee
under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the
head of the contracting activity or designee determines that there was a violation of 41 U.S.C. 2102 or
2103, as implemented in section 3.104 of the Federal Acquisition Regulation.
(b) The price or fee reduction referred to in paragraph (a) of this clause shall be-(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;
(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award,
notwithstanding any minimum fee or "fee floor" specified in the contract;
(3) For cost-plus-award-fee contracts-(i) The base fee established in the contract at the time of contract award;
(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the
Contractor for each award fee evaluation period or at each award fee determination point.
(4) For fixed-price-incentive contracts, the Government may-(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit
specified in the contract at the time of contract award; or
(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant
adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract
financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price
of the contract. The total final price established in accordance with the incentive price revision provisions of the
contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of
contract award and such reduced price shall be the total final contract price.
(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the
Contracting Officer from records or documents in existence prior to the date of the contract award.
(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures
of paragraph (b) of this clause for violations of the statute by its subcontractors by an amount not to exceed the
amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.
(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract
for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any
other rights and remedies provided by law or under this contract.
(End of clause)
52.203-12
2010)
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT
(a) Definitions. As used in this clause-Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.
Covered Federal action means any of the following actions:
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(1) Awarding any Federal contract.

(2) Making any Federal grant.
(3) Making any Federal loan.
(4) Entering into any cooperative agreement.
(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative
agreement.
Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.
Influencing or attempting to influence means making, with the intent to influence, any communication to or
appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any covered Federal action.
Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a
State for the performance of a governmental duty, including a local public authority, a special district, an intrastate
district, a council of governments, a sponsor group representative organization, and any other instrumentality of a
local government.
Officer or employee of an agency includes the following individuals who are employed by an agency:
(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a
position under a temporary appointment.
(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.
(3) A special Government employee, as defined in section 202, Title 18, United States Code.
(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee
Act, Title 5, United States Code, appendix 2.
Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local
government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian
tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative
agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are
made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.
Reasonable compensation means, with respect to a regularly employed officer or employee of any person,
compensation that is consistent with the normal compensation for such officer or employee for work that is not
furnished to, not funded by, or not furnished in cooperation with the Federal Government.
Reasonable payment means, with respect to professional and other technical services, a payment in an amount that
is consistent with the amount normally paid for such services in the private sector.
Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or
any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an
agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in
paragraph (b) of this clause and are permitted by other Federal law.
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Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal
contract, an officer or employee who is employed by such person for at least 130 working days within 1 year
immediately preceding the date of the submission that initiates agency consideration of such person for receipt of
such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year
immediately preceding the date of the submission that initiates agency consideration of such person shall be
considered to be regularly employed as soon as he or she is employed by such person for 130 working days.
State means a State of the United States, the District of Columbia, or an outlying area of the United States, an
agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and
powers.
(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement
from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall
not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of
this contract.
(1) The term appropriated funds does not include profit or fee from a covered Federal action.
(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal
appropriated funds, the Government will assume that these other monies were spent for any influencing activities
that would be unallowable if paid for with Federal appropriated funds.
(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:
(1) Agency and legislative liaison by Contractor employees.
(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for
agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph,
providing any information specifically requested by an agency or Congress is permitted at any time.
(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal
action, but that concern-(A) The qualities and characteristics (including individual demonstrations) of the person's products or services,
conditions or terms of sale, and service capabilities; or
(B) The application or adaptation of the person's products or services for an agency's use.
(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested
but necessary for an agency to make an informed decision about initiation of a covered Federal action;
(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official
submission; and
(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking
awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and
subsequent amendments.
(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee
of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or
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modification of a covered Federal action, if payment is for professional or technical services rendered directly in the
preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting
requirements imposed by or pursuant to law as a condition for receiving that Federal action.
(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a
covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal
action if the payment is for professional or technical services rendered directly in the preparation, submission, or
negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or
pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person
requesting or receiving a covered Federal action include consultants and trade associations.
(iii) As used in paragraph (c)(2) of this clause, ``professional and technical services'' are limited to advice and
analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).
(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those
required by law or regulation and any other requirements in the actual award documents.
(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are
permitted.
(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities,
with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying
contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB
Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the
services.
(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at
FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a
change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or
individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs,
submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.
(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails
to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil
penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from
seeking any other remedy that may be applicable.
(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and
disclosure form.
(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be
unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause
will not be made allowable under any other provision.
(g) Subcontracts. (1) The Contractor shall obtain a declaration, including the certification and disclosure in
paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000
under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.
(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until
received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the
disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all
disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.
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(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract
exceeding $150,000.
(End of clause)
52.203-13
CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
(a) Definitions. As used in this clause-Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized
to act on behalf of the organization.
Full cooperation
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and
extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete
response to Government auditors' and investigators' request for documents and access to employees with
information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not
require-(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product
doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her
attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from-(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business
segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a
prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime
contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer
establishes a longer time period, the Contractor shall-(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
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(2) The Contractor shall-(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance
with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a
copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract
or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or
subcontractor of the Contractor has committed-(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in
Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained
pursuant to the Contractor's disclosure as confidential where the information has been marked confidential or
proprietary by the company. To the extent permitted by law and regulation, such information will not be released
by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without
prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any
department or agency within the Executive Branch if the information relates to matters within the organization's
jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not
apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if
this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the
following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the
Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and
compliance program and internal control system, by conducting effective training programs and otherwise
disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and
as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall-(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with
Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
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(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the
business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as
having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with
the Contractor's code of business ethics and conduct and the special requirements of Government contracting,
including-(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal
control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the
business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of
criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which
employees may report suspected instances of improper conduct, and instructions that encourage employees to make
such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper
conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in
connection with the award, performance, or closeout of any Government contract performed by the Contractor or a
subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of
the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or
gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the
agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the
contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have
a value in excess of $5.5 million and a performance period of more than 120 days.
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(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act
or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the
(End of clause)
52.204-1
APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.
(End of clause)
52.204-2
SECURITY REQUIREMENTS (AUG 1996)
(a) This clause applies to the extent that this contract involves access to information classified "Confidential,"
"Secret," or "Top Secret."
(b) The Contractor shall comply with (1) the Security Agreement (DD Form 441), including the National Industrial
Security Program Operating Manual (DOD 5220.22-M); and (2) any revisions to that manual, notice of which has
been furnished to the Contractor.
(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract
are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise
affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the
changes were directed under the Changes clause of this contract.
(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this
paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this
contract that involve access to classified information.
(End of clause)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
(a) Definitions. As used in this clause--
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Postconsumer fiber means

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth,
after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old
newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or
(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not
(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.
(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or
copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not
using electronic commerce methods to submit information or data to the Government.
(End of clause)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

(a) Definitions. As used in this provision-Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.
(D&B) to identify unique business entities.
Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for
Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at
Subpart 32.11) for the same parent concern.
Registered in the System for Award Management SAM database means that-(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the
Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability
and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact
sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to
provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record `Àctive''.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the SAM database prior to award, during performance, and through final payment of any contract,
basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
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(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
DUNS or DUNS +4 followed by the DUNS or DUNS +4 number that identifies the offeror's name and address
exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number-(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun
and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should
indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and Zip Code.
(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors
who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of clause)
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(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.
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(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor
employees in connection with performance under this contract. The Contractor shall return such identification to the
issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these
requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the
subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or
routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to
return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this
section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(OCT 2015)
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies
or services (including construction) for performance of a prime contract. It
does not include the Contractor's supplier agreements with vendors, such as long-term arrangements
for materials or supplies that benefit multiple contracts and/or the costs of which are normally
applied to a Contractor's general and administrative expenses or indirect costs.
Month of award means the month in which a contract is signed by the Contracting Officer or
the month in which a first-tier subcontract is signed by the Contractor.
Total compensation means the cash and noncash dollar value earned by the executive during
the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR
229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized
for financial statement reporting purposes with respect to the fiscal year in accordance with the
Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, CompensationStock Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization
or medical reimbursement plans that do not discriminate in favor of executives,
and are available generally to all salaried employees.
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(4) Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination
payments, value of life insurance paid on behalf of the employee, perquisites or property)
for the executive exceeds $10,000.
(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as
amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.
110-252), requires the Contractor to report information on subcontract awards. The law requires all reported
information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required
information will be made public.
(c) Nothing in this clause requires the disclosure of classified information.
(d)(1) Executive compensation of the prime contractor. As a part of its annual registration
requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the
Contractor shall report the names and total compensation of each of the five most highly
compensated executives for its preceding completed fiscal year, if
(i) In the Contractor's preceding fiscal year, the Contractor received
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and
subgrants), cooperative agreements, and other forms of Federal financial
assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and
assistance; and
(ii) The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if
the public has access to the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).
(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as
provided in paragraph (g) of this clause, by the end of the month following the month of award
of a first-tier subcontract with a value of $30,000 or more, the Contractor shall report the following information at
http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall
follow the instructions at http://www.fsrs.gov to report the data.)
(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent
company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
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(v) A description of the products or services (including construction) being provided under the subcontract,
including the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor's physical address including street address, city, state, and country. Also
include the nine-digit zip code and congressional district.
(viii) Subcontractor's primary performance location including street address, city, state, and
country. Also include the nine-digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS.
(xiv) The applicable North American Industry Classification System code (NAICS).
(3) Executive compensation of the first-tier subcontractor.
Unless otherwise directed by the Contracting Officer, by the end of the month following the month
of award of a first-tier subcontract with a value of $30,000 or more, and annually thereafter (calculated
from the prime contract award date), the Contractor shall report the names and total compensation of each of the
five most highly compensated executives for that first-tier subcontractor for the
first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if
(i) In the subcontractor's preceding fiscal year, the subcontractor received
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts),
loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial
assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and
assistance; and
(ii) The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the
public has access to the compensation information, see the U.S. Security and Exchange Commission
total compensation filings at http://www.sec.gov/answers/execomp.htm.)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $30,000 to avoid
the reporting requirements in paragraph (d) of this clause.
(f) The Contractor is required to report information on a first-tier subcontract covered by
paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is
not required unless one of the reported data elements changes during the performance of the
subcontract. The Contractor is not required to make further reports after the first-tier subcontract
expires.
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(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under
$300,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000,
the Contractor does not need to report awards for that subcontractor.
(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from
SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the
contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this
information.
(End of clause)
52.209-6
PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)
(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause-(1) Means any item of supply (including construction material) that is-(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form
in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum
products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract
for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of
$35,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless
there is a compelling reason to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $35,000, other than a
subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing,
whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred,
suspended, or proposed for debarment by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before
entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf
item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information
on the System for Award Management (SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
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(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an
exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's
interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or
proposed debarment.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the
requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties),
in each subcontract that-(1) Exceeds $35,000 in value; and
(2) Is not a subcontract for commercially available off-theshelf items.
(End of clause)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JULY 2013)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information
System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in
the System for Award Management database via https://www.acquisition.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information
posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS
consists of two segments-(1) The non-public segment, into which Government officials and the Contractor post information, which can only
be viewed by-(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically
transferred after a waiting period of 14 calendar days, except for-(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who
posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the
information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure
exemption under the Freedom of Information Act, the Government official who posted the information must within
7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of
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Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request
removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by
the Government. The comments will be retained as long as the associated information is retained, i.e., for a total
period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011,
except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of
Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of clause)
52.215-2
AUDIT AND RECORDS--NEGOTIATION (OCT 2010)
(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other
data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in
any other form.
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price
redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or
an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and
other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred
directly or indirectly in performance of this contract. This right of examination shall include inspection at all
reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract.
(c) Certified cost or pricing data. If the Contractor has been required to submit certified cost or pricing data in
connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative
of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the certified cost or
pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and
projections, related to-(1) The proposal for the contract, subcontract, or modification;
(2) The discussions conducted on the proposal(s), including those related to negotiating;
(3) Pricing of the contract, subcontract, or modification; or
(4) Performance of the contract, subcontract or modification.
(d) Comptroller General. (1) The Comptroller General of the United States, or an authorized representative, shall
have access to and the right to examine any of the Contractors directly pertinent records involving transactions
related to this contract or a subcontract hereunder and to interview any current employee regarding such
transactions.
(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record
that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision
of law.
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(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or
an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting
records and materials, for the purpose of evaluating (1) the effectiveness of the Contractor's policies and procedures
to produce data compatible with the objectives of these reports and (2) the data reported.
(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and
other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or
reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7,
Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by
statute or by other clauses of this contract. In addition-(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to
the work terminated until 3 years after any resulting final termination settlement; and
(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the
settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally
resolved.
(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all
subcontracts under this contract that exceed the simplified acquisition threshold, and-(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any
combination of these;
(2) For which certified cost or pricing data are required; or
(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.
The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer
under the Government prime contract.
(End of clause)
52.215-8
ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
(End of clause)
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52.215-10
PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011)
(a) If any price, including profit or fee, negotiated in connection with this contract, or any cost reimbursable under
this contract, was increased by any significant amount because-(1) The Contractor or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and
current as certified in its Certificate of Current Cost or Pricing Data;
(2) A subcontractor or prospective subcontractor furnished the Contractor certified cost or pricing data that were not
complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; or
(3) Any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced
accordingly and the contract shall be modified to reflect the reduction.
(b) Any reduction in the contract price under paragraph (a) of this clause due to defective data from a prospective
subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable
overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was
no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided,
that the actual subcontract price was not itself affected by defective certified cost or pricing data.
(1) The actual subcontract; or
(2) The actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost
estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective
cost or pricing data.
(c)(1) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction should
be made, the Contractor agrees not to raise the following matters as a defense:
(i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position
and thus the price of the contract would not have been modified even if accurate, complete, and current certified
cost or pricing data had been submitted.
(ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even
though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention
of the Contracting Officer.
(iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about
the cost of each item procured under the contract.
(iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data.
(2)(i) Except as prohibited by subdivision (c)(2)(ii) of this clause, an offset in an amount determined appropriate by
the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if-(A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the
Contractor is entitled to the offset in the amount requested; and
(B) The Contractor proves that the certified cost or pricing data were available before the as of date specified on
its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date.
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(ii) An offset shall not be allowed if-(A) The understated data were known by the Contractor to be understated before the as of date specified on its
Certificate of Current Cost or Pricing Data; or
(B) The Government proves that the facts demonstrate that the contract price would not have increased in the
amount to be offset even if the available data had been submitted before the as of date specified on its Certificate
of Current Cost or Pricing Data.
(d) If any reduction in the contract price under this clause reduces the price of items for which payment was made
prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the
United States at the time such overpayment is repaid-(1) Interest compounded daily, as required by 26 U.S.C. 6622, on the amount of such overpayment to be computed
from the date(s)of overpayment to the Contractor to the date the Government is repaid by the Contractor at the
applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C.
6621(a)(2); and
(2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted
certified cost or pricing data that were incomplete, inaccurate, or noncurrent.
(End of clause)
52.215-11
PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA-MODIFICATIONS (AUG 2011)
(a) This clause shall become operative only for any modification to this contract involving a pricing adjustment
expected to exceed the threshold for submission of certified cost or pricing data at FAR 15.403-4, except that this
clause does not apply to any modification if an exception under FAR 15.403-1 applies.
(b) If any price, including profit or fee, negotiated in connection with any modification under this clause, or any cost
reimbursable under this contract, was increased by any significant amount because (1) the Contractor or a
subcontractor furnished certified cost or pricing data that were not complete, accurate, and current as certified in its
Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the
Contractor certified cost or pricing data that were not complete, accurate, and current as certified in the Contractor's
Certificate of Current Cost or Pricing Data, or (3) any of these parties furnished data of any description that were
not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the
reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for
which this clause becomes operative under paragraph (a) of this clause.
(c) Any reduction in the contract price under paragraph (b) of this clause due to defective data from a prospective
subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable
overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was
no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that
the actual subcontract price was not itself affected by defective certified cost or pricing data.
(1) The actual subcontract; or
(2) The actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost
estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective
cost or pricing data.
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(d)(1) If the Contracting Officer determines under paragraph (b) of this clause that a price or cost reduction should
be made, the Contractor agrees not to raise the following matters as a defense:
(i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position
and thus the price of the contract would not have been modified even if accurate, complete, and current certified
cost or pricing data had been submitted.
(ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even
though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention
of the Contracting Officer.
(iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about
the cost of each item procured under the contract.
(iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data.
(2)(i) Except as prohibited by subdivision (d)(2)(ii) of this clause, an offset in an amount determined appropriate by
the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if-(A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the
Contractor is entitled to the offset in the amount requested; and
(B) The Contractor proves that the certified cost or pricing data were available before the as of date specified on
its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date.
(ii) An offset shall not be allowed if-(A) The understated data were known by the Contractor to be understated before the as of date specified on its
Certificate of Current Cost or Pricing Data; or
(B) The Government proves that the facts demonstrate that the contract price would not have increased in the
amount to be offset even if the available data had been submitted before the as of date specified on its Certificate
of Current Cost or Pricing Data.
(e) If any reduction in the contract price under this clause reduces the price of items for which payment was made
prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the
United States at the time such overpayment is repaid-(1) Interest compounded daily, as required by 26 U.S.C. 6622, on the amount of such overpayment to be computed
from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the
applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26
U.S.C. 6621(a)(2); and
(2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted
certified cost or pricing data that were incomplete, inaccurate, or noncurrent.
(End of clause)
52.215-12
SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)
(a) Before awarding any subcontract expected to exceed the threshold for submission of certified cost or pricing
data at FAR 15.403-4, on the date of agreement on price or the date of award, whichever is later; or before pricing
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any subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of
certified cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to submit certified cost
or pricing data (actually or by specific identification in writing), in accordance with FAR 15.408, Table 15-2 (to
include any information reasonably required to explain the subcontractor's estimating process such as the
judgmental factors applied and the mathematical or other methods used in the estimate, including those used in
projecting from known data, and the nature and amount of any contingencies included in the price), unless an
exception under FAR 15.403-1 applies.
(b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2
that, to the best of its knowledge and belief, the data submitted under paragraph (a) of this clause were accurate,
complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract
modification.
(c) In each subcontract that exceeds the threshold for submission of certified cost or pricing data at FAR 15.403-4,
when entered into, the Contractor shall insert either-(1) The substance of this clause, including this paragraph (c), if paragraph (a) of this clause requires submission of
certified cost or pricing data for the subcontract; or
(2) The substance of the clause at FAR 52.215-13, Subcontractor Certified Cost or Pricing Data--Modifications.
52.215-13
SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)
(a) The requirements of paragraphs (b) and (c) of this clause shall-(1) Become operative only for any modification to this contract involving a pricing adjustment expected to exceed
the threshold for submission of certified cost or pricing data at FAR 15.403-4; and
(2) Be limited to such modifications.
(b) Before awarding any subcontract expected to exceed the threshold for submission of certified cost or pricing
data at FAR 15.403-4, on the date of agreement on price or the date of award, whichever is later; or before pricing
any subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of
certified cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to submit certified cost
or pricing data (actually or by specific identification in writing), in accordance with FAR 15.408, Table 15-2 (to
include any
information reasonably required to explain the subcontractor's estimating process such as the judgmental factors
applied and the mathematical or other methods used in the estimate, including those used in projecting from known
data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.4031 applies.
(c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2
that, to the best of its knowledge and belief, the data submitted under paragraph (b) of this clause were accurate,
complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract
modification.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each subcontract that
exceeds the threshold for submission of certified cost or pricing data at FAR 15.403-4 on the date of agreement on
price or the date of award, whichever is later.
(End of clause)
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52.215-17
WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)
The Contractor did not include facilities capital cost of money as a proposed cost of this contract. Therefore, it is an
unallowable cost under this contract.
(End of clause)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN
CERTIFIED COST OR PRICING DATA -- MODIFICATIONS (OCT 2010)
(a) Exceptions from certified cost or pricing data.
(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments
expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the
award, whichever is later, the Contractor may submit a written request for exception by submitting the information
described in the following subparagraphs. The Contracting Officer may require additional supporting information,
but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair
and reasonable-(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by
periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document,
unless it was previously submitted to the contracting office.
(ii) Information on modifications of contracts or subcontracts for commercial items.
(A) If-(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements
because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a
contract or subcontract for the acquisition of a commercial item; and
(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the
Contractor may provide information to establish that the modification would not change the contract or subcontract
from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the
acquisition of an item other than a commercial item.
(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which
the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the
price of the modification. Such information may include-(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered
items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted.
Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale,
original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the
established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to
the proposed quantities.
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(2) For market-priced items, the source and date or period of the market quotation or other basis for market price,
the base amount, and applicable discounts. In addition, describe the nature of the market.
(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an
exception has been granted for the schedule item.
(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time
before award, books, records, documents, or other directly pertinent records to verify any request for an exception
under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or
regulation , access does not extend to cost or profit information or other data relevant solely to the Contractor's
determination of the prices to be offered in the catalog or marketplace.
(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the
requirement to submit certified cost or pricing data, the following applies:
(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and
supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is
incorporated by reference with the same force and effect as though it were inserted here in full text. The
instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting
Officer and the Contractor agree to a different format and change this clause to use Alternate I.
As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall
submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
(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
task orders by the individuals or activities designated in the Schedule. Such orders may be issued from to be
determined through to be determined.
(b) All delivery orders or task 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 only if authorized in the
Schedule.
(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 $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those
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supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $20,000,000.00;
(2) Any order for a combination of items in excess of $20,000,000.00; or
(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the
limitation in subparagraph (1) or (2) above.
(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) above.
(d) Notwithstanding paragraphs (b) and (c) above, the 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 10 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. The Government may issue orders requiring delivery to multiple
destinations or performance at multiple locations.
(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 make any deliveries
under this contract after TBD.
(End of clause)
52.217-8
OPTION TO EXTEND SERVICES (NOV 1999)
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The Government may require continued performance of any services within the limits and at the rates specified in
the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor within 30 days of contract end date.
(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 30 days of
contract end date; 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 5
years, 6 months.
52.222-1
NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the
(End of clause)
52.222-3
CONVICT LABOR (JUN 2003)
(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this
contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of
Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.
(b) The Contractor is not prohibited from employing persons--
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(1) On parole or probation to work at paid employment during the term of their sentence;
(2) Who have been pardoned or who have served their terms; or
(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid
employment in the community under the laws of such jurisdiction, if-(i) The worker is paid or is in an approved work training program on a voluntary basis;
(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;
(iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts,
or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for
services;
(iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a
similar nature in the locality in which the work is being performed; and
(v) The Attorney General of the United States has certified that the work-release laws or regulations of the
jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive
Orders 12608 and 12943.
(End of clause)
52.222-29
NOTIFICATION OF VISA DENIAL (APR 2015)
(a) Definitions. As used in this clause-Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
(b) Requirement to notify. (1) It is a violation of Executive Order 11246 for a Contractor to refuse to employ any
applicant or not to assign any person hired in the United States, Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, the U.S. Virgin Islands, or Wake Island, on the basis that the individual's race,
color, religion, sex, sexual orientation, gender identity, or national origin is not compatible with the policies of the
country where or for whom the work will be performed (41 CFR 60-1.10).
(2) The Contractor shall notify the U.S. Department of State, Assistant Secretary, Bureau of Political-Military
Affairs (PM), 2201 C Street NW., Room 6212, Washington, DC 20520, and the U.S. Department of Labor, Deputy
Assistant Secretary for Federal Contract Compliance, when it has knowledge of any employee or potential
employee being denied an entry visa to a country where this contract will be performed, and it believes the denial is
attributable to the race, color, religion, sex, sexual orientation, gender identity, or national origin of the employee or
potential employee.
(End of clause)
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52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
(a) Definitions. As used in this clause, `àctive duty wartime or campaign badge veteran,'' `Àrmed Forces service
medal veteran,'' ``disabled veteran,'' ``protected veteran,'' and ``recently separated veteran,'' have the meanings given
in FAR 22.1301.
(b) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as
required by the Secretary of Labor, on-(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are
protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans,
disabled veterans, and recently separated veterans);
(2) The total number of new employees hired during the period covered by the report, and of the total, the number
of protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans,
disabled veterans, and recently separated veterans); and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring
location during the period covered by the report.
(c) The Contractor shall report the above items by filing the VETS-4212 ``Federal Contractor Veterans'
Employment Report'' (see ``VETS-4212 Federal Contractor Reporting'' and ``Filing Your VETS4212 Report'' at http://www.dol.gov/vets/vets4212.htm).
(d) The Contractor shall file VETS-4212 Reports no later than September 30 of each year.
(e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total new
hires, and maximum and minimum number of employees, during the most recent 12-month period preceding the
ending date selected for the report. Contractors may select an ending date-(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or
(2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity
Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).
(f) The number of veterans reported must be based on data known to the contractor when completing the VETS4212. The contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to
applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual
knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for
discrimination under 38 U.S.C. 4212.
(g) The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by
rules, regulations, or orders of the Secretary of Labor.
(End of clause)
52.222-50
COMBATING TRAFFICKING IN PERSONS (MAR 2015)
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Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized
to act on behalf of the organization.
Coercion means-(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in
serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
Commercially available off-the-shelf (COTS) item means-(1) Any item of supply (including construction material) that is-(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form
in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum
products.
Commercial sex act means any sex act on account of which anything of value is given to or received by any person.
Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal
services or of those of a person under his or her control as a security for debt, if the value of those services as
reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are
not respectively limited and defined.
Employee means an employee of the Contractor directly engaged in the performance of work under the contract
who has other than a minimal impact or involvement in contract performance.
Forced Labor means knowingly providing or obtaining the labor or services of a person-(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not
perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
Involuntary servitude includes a condition of servitude induced by means of-(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or
continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
Severe forms of trafficking in persons means--
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(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person
induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose
of a commercial sex act.
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a
prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime
contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the
trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;
(2) Procure commercial sex acts during the period of performance of the contract;
(3) Use forced labor in the performance of the contract;
(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration
documents, such as passports or drivers' licenses, regardless of issuing authority;
(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such
as failing to disclose, in a format and language accessible to the worker,
basic information or making material misrepresentations during the recruitment of employees regarding the key
terms and conditions of employment, including wages and fringe benefits, the location of work, the living
conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be
charged to the employee, and, if applicable, the hazardous nature of the work;
(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;
(6) Charge employees recruitment fees;
(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-(A) For an employee who is not a national of the country in which the work is taking place and who was brought
into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts
performed outside the United States); or
(B) For an employee who is not a United States national and who was brought into the United States for the purpose
of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing
temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts
performed inside the United States); except that-(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--
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(A) Legally permitted to remain in the country of employment and who chooses to do so; or
(B) Exempted by an authorized official of the contracting agency from the requirement to provide return
transportation or pay for the cost of return transportation;
(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is
seeking victim services or legal redress in the country of employment, or for a witness in an
enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the
cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For
example, the contractor shall not only offer return transportation to a witness at a time when the witness is still
needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.
(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or
(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required
work document in writing. Such written work document shall be in a language the employee understands. If the
employee must relocate to perform the work, the work document shall be provided to the employee at least five
days prior to the employee relocating. The employee's work document shall include, but is not limited to, details
about work description, wages, prohibition on charging
recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation
arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in
persons.
(c) Contractor requirements. The Contractor shall-(1) Notify its employees and agents of-(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this
clause; and
(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for
employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of
employment; and
(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that
violate the policy in paragraph (b) of this clause.
(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General
immediately of-(i) Any credible information it receives from any source (including host country law enforcement) that alleges a
Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the
policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.20313(b)(3)(i)(A), if that clause is included in the
solicitation or contract, which requires disclosure to the agency
Office of the Inspector General when the Contractor has credible
evidence of fraud); and
(ii) Any actions taken against a Contractor employee,
subcontractor, subcontractor employee, or their agent pursuant to
this clause.
(2) If the allegation may be associated with more than one
contract, the Contractor shall inform the contracting officer for
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the contract with the highest dollar value.
(e) Remedies. In addition to other remedies available to the
Government, the Contractor's failure to comply with the requirements
of paragraphs (c), (d), (g), (h), or (i) of this clause may result
in-(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;
(2) Requiring the Contractor to terminate a subcontract;
(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government
determined Contractor non-compliance;
(5) Declining to exercise available options under the contract;
(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or
(7) Suspension or debarment.
(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the
following:
(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the
time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation,
that may include reparation to victims for such violations.
(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a
compliance plan, when directed by the Contracting Officer to do so.
(g) Full cooperation. (1) The Contractor shall, at a minimum-(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense
and the individuals responsible for the conduct;
(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;
(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to
allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions
to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22
U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in
persons, the procurement of commercial sex acts, or the use of forced labor; and
(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the
country from which the employee was recruited, and shall not prevent
or hinder the ability of these employees from cooperating fully with Government authorities.
(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the
terms of the contract. It does not-(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work
product doctrine;
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(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive
his or her attorney client privilege or Fifth Amendment rights; or
(iii) Restrict the Contractor from-(A) Conducting an internal investigation; or
(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
(h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that-(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or
services to be performed outside the United States; and
(ii) Has an estimated value that exceeds $500,000.
(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate-(i) To the size and complexity of the contract; and
(ii) To the nature and scope of the activities to be performed for the Government, including the number of nonUnited States citizens expected to be employed and the risk that the contract or subcontract will involve services or
supplies susceptible to trafficking in persons.
(3) Minimum requirements. The compliance plan must include, at a minimum, the following:
(i) An awareness program to inform contractor employees about the Government's policy prohibiting traffickingrelated activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken
against the employee for violations. Additional information about Trafficking in Persons and examples of awareness
programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in
Persons at http://www.state.gov/j/tip/.
(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting
trafficking in persons, including a means to make available to all employees the hotline phone number of the Global
Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.
(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees,
prohibits charging recruitment fees to the employee, and ensures that wages meet
applicable host-country legal requirements or explains any variance.
(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the
housing meets host-country housing and safety standards.
(v) Procedures to prevent agents and subcontractors at any tier
and at any dollar value from engaging in trafficking in persons
(including activities in paragraph (b) of this clause) and to
monitor, detect, and terminate any agents, subcontracts, or
subcontractor employees that have engaged in such activities.
(4) Posting. (i) The Contractor shall post the relevant contents
of the compliance plan, no later than the initiation of contract
performance, at the workplace (unless the work is to be performed in
the field or not in a fixed location) and on the Contractor's Web
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site (if one is maintained). If posting at
the workplace or on the Web site is impracticable, the Contractor
shall provide the relevant contents of the compliance plan to each
worker in writing.
(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.
(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting
Officer that-(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this
clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in
prohibited activities; and
(ii) After having conducted due diligence, either-(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their
agents is engaged in any such activities; or
(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found,
the Contractor or subcontractor has taken the appropriate remedial and referral actions.
(i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all
subcontracts and in all contracts with agents. The requirements in paragraph (h)
of this clause apply only to any portion of the subcontract that-(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or
services to be performed outside the United States; and
(B) Has an estimated value that exceeds $500,000.
(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission
prior to the award of the subcontract and annually thereafter. The certification
shall cover the items in paragraph (h)(5) of this clause.
(End of clause)
52.223-3
HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version
of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this
contract. The hazardous material shall be properly identified and include any applicable identification number, such
as National Stock Number or Special Item Number. This information shall also be included on the Material Safety
Data Sheet submitted under this contract.
Material
(If none,
insert "None")
Identification No.
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___
___
___
___
___
___
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other
material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety
Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313,
for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with
Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.
Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being
considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313,
which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall
promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the
Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or
property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and
local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with
hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or
disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this
clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
(End of clause)
52.223-16
ACQUISITION OF EPEAT-REGISTERED PERSONAL COMPUTER PRODUCTS (OCT 2015)
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Computer means a device that performs logical operations and processes data. Computers are composed of, at a
minimum:
(1) A central processing unit (CPU) to perform operations;
(2) User input devices such as a keyboard, mouse, digitizer, or game controller; and
(3) A computer display screen to output information. Computers include both stationary and portable units,
including desktop computers, integrated desktop computers, notebook computers, thin
clients, and workstations. Although computers must be capable of using input devices and computer displays, as
noted in (2) and (3) above, computer systems do not need to include these devices on shipment to meet this
definition. This definition does not include server computers, gaming consoles, mobile telephones, portable handheld calculators, portable digital assistants (PDAs), MP3 players, or any
other mobile computing device with displays less than 4 inches, measured diagonally.
Computer display means a display screen and its associated electronics encased in a single housing or within the
computer housing (e.g., notebook or integrated desktop computer) that is capable of
displaying output information from a computer via one or more inputs such as a VGA, DVI, USB, DisplayPort,
and/or IEEE 1394-2008TM, Standard for High Performance Serial Bus. Examples
of computer display technologies are the cathode-ray tube (CRT) and liquid crystal display (LCD).
Desktop computer means a computer where the main unit is intended to be located in a permanent location, often on
a desk or on the floor. Desktops are not designed for portability and utilize an external
computer display, keyboard, and mouse. Desktops are designed for a broad range of home and office applications.
Integrated desktop computer means a desktop system in which the computer and computer display function as a
single unit that receives its AC power through a single cable. Integrated desktop computers come in one of two
possible forms:
(1) A system where the computer display and computer are physically combined into a single unit; or
(2) A system packaged as a single system where the computer display is separate but is connected to the main
chassis by a DC power cord and both the computer and computer display are powered from a single power supply.
As a subset of desktop computers, integrated desktop computers are typically designed to provide similar
functionality as desktop systems.
Notebook computer means a computer designed specifically for portability and to be operated for extended periods
of time either with or without a direct connection to an AC power source. Notebooks must utilize an integrated
computer display and be capable of operation off of an integrated battery or other portable power source. In
addition, most notebooks use an external power supply and have an integrated keyboard and pointing device.
Notebook computers are typically designed to provide similar functionality to desktops, including operation of
software similar in functionality to that used in desktops. Docking stations are considered accessories for notebook
computers, not notebook computers. Tablet PCs, which may use touch-sensitive screens along with, or instead of,
other input devices, are considered notebook computers.
Personal computer product means a computer, computer display, desktop computer, integrated desktop computer, or
notebook computer.
(b) Under this contract, the Contractor shall deliver, furnish for Government use, or furnish for Contractor use at a
Federally controlled facility, only personal computer products that, at the time of submission of proposals and at the
time of award, were EPEAT bronze-registered or higher.
(c) For information about EPEAT, see www.epa.gov/epeat.
(End of clause)
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52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(AUG 2011)
(a) Definitions. As used in this clause-Driving
(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily
stationary because of traffic, a traffic light, stop sign, or otherwise.
(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the
side of, or off, an active roadway and has halted in a location where one can safely remain stationary.
Text messaging means reading from or entering data into any handheld or other electronic device, including for the
purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or
engaging in any other form of electronic data retrieval or electronic data communication. The term does not include
glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the
vehicle, provided that the destination and route are programmed into the device either before driving or while
stopped in a location off the roadway where it is safe and legal to park.
(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while
Driving, dated October 1, 2009.
(c) The Contractor is encouraged to-(1) Adopt and enforce policies that ban text messaging while driving-(i) Company-owned or -rented vehicles or Government-owned vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf
of the Government.
(2) Conduct initiatives in a manner commensurate with the size of the business, such as-(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while
driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while
driving.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all
subcontracts that exceed the micro-purchase threshold.
(End of clause)
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52.225-13
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the
Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any
proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR
chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.
(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most
imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals
subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons
at TerList1.html. More information about these restrictions, as well as updates, is available in the OFAC's
regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/.
(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.
(End of clause)
52.225-14
INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT
(FEB 2000)
In the event of inconsistency between any terms of this contract and any translation into another language, the
English language meaning shall control.
(End of clause)
52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR SUPPORTING A

DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES (MAR 2008)
(a) Definitions. As used in this clause-Chief of mission means the principal officer in charge of a diplomatic mission of the United States or of a United
States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual
assigned under section 502(c) of the Foreign Service Act of 1980 (Pub. L. 96-465) to be temporarily in charge of
such a mission or office.
Combatant commander means the commander of a unified or specified combatant command established in
accordance with 10 U.S.C. 161.
Designated operational area means a geographic area designated by the combatant commander or subordinate joint
force commander for the conduct or support of specified military operations.
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Supporting a diplomatic or consular mission means performing outside the United States under a contract
administered by Federal agency personnel who are subject to the direction of a chief of mission.
(b) General. (1) This clause applies when Contractor personnel are required to perform outside the United States-(i) In a designated operational area during-(A) Contingency operations;
(B) Humanitarian or peacekeeping operations; or
(C) Other military operations; or military exercises, when designated by the Combatant Commander; or
(ii) When supporting a diplomatic or consular mission-(A) That has been designated by the Department of State as a danger pay post (see
http://aoprals.state.gov/Web920/danger--pay--all.asp); or
(B) That the Contracting Officer has indicated is subject to this clause.
(2) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the
contract, the Contractor accepts the risks associated with required contract performance in such operations.
(3) Contractor personnel are civilians.
(i) Except as provided in paragraph (b)(3)(ii) of this clause, and in accordance with paragraph (i)(3) of this clause,
Contractor personnel are only authorized to use deadly force in self-defense.
(ii) Contractor personnel performing security functions are also authorized to use deadly force when use of such
force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the
terms and conditions contained in the contract or with their job description and terms of
employment.
(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. Unless specified elsewhere in the contract, the Contractor is responsible for all logistical and security
support required for Contractor personnel engaged in this contract.
(d) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel in
the designated operational area or supporting the diplomatic or consular mission 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) Force protection, security, health, or safety orders, directives, and instructions issued by the Chief of Mission or
the Combatant Commander; however, only the Contracting Officer is authorized to modify the terms and conditions
of the contract.
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(e) Preliminary personnel requirements. (1) Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this
clause will be set forth in the statement of work, or elsewhere in the contract.
(2) Before Contractor personnel depart from the United States or a third country, and before Contractor personnel
residing in the host country begin contract performance in the designated operational area or supporting the
diplomatic or consular mission, the Contractor shall ensure the following:
(ii) All personnel are medically and physically fit and have received all required vaccinations.
(iii) All personnel have all necessary passports, visas, entry permits, and other documents required for Contractor
personnel to enter and exit the foreign country, including those required for in-transit countries.
(iv) All personnel have received-(A) A country clearance or special area clearance, if required by the chief of mission; and
(B) Theater clearance, if required by the Combatant Commander.
(v) All personnel have received personal security training. The training must at a minimum-(A) Cover safety and security issues facing employees overseas;
(vi) All personnel have received isolated personnel training, if specified in the contract. Isolated personnel are
military or civilian personnel separated from their unit or organization in an environment requiring them to survive,
evade, or escape while awaiting rescue or recovery.
(vii) All personnel who are U.S. citizens are registered with the U.S. Embassy or Consulate with jurisdiction over
the area of operations on-line at http://www.travel.state.gov.
(3) The Contractor shall notify all personnel who are not a host country national or ordinarily resident in the host
country that-(i) If this contract is with the Department of Defense, or the contract relates to supporting the mission of the
Department of Defense outside the United States, such employees, and dependents residing with such employees,
who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for
more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the
United States, may potentially be subject to the criminal jurisdiction of the United States (see the Military
Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3261 et seq.);
(ii) Pursuant to the War Crimes Act, 18 U.S.C. 2441, Federal criminal jurisdiction also extends to conduct that is
determined to constitute a war crime when committed by a civilian national of the United States; and
(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of United
States diplomatic, consular, military or other United States Government missions outside the United States (18
U.S.C. 7(9)).
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(f) Processing and departure points. The Contractor shall require its personnel who are arriving from outside the
area of performance to perform in the designated operational area or supporting the diplomatic or consular mission
to-(1) Process through the departure center designated in the contract or complete another process as directed by the
Contracting Officer;
(2) Use a specific point of departure and transportation mode as directed by the Contracting Officer; and
(3) Process through a reception center as designated by the Contracting Officer upon arrival at the place of
performance.
(g) Personnel data. (1) Unless personnel data requirements are otherwise specified in the contract, the Contractor
shall establish and maintain with the designated Government official a current list of all Contractor personnel in the
areas of performance. The Contracting Officer will inform the Contractor of the Government official designated to
receive this data and the appropriate system to use for this effort.
(2) The Contractor shall ensure that all employees on this list have a current record of emergency data, for
notification of next of kin, on file with both the Contractor and the designated Government official.
(h) Contractor personnel. The Contracting Officer may direct the Contractor, at its own expense, to remove and
replace any Contractor personnel who fail to comply with or violate applicable requirements of this contract. Such
action may be taken at the Government's discretion without prejudice to its rights under any other provision of this
contract, including termination for default or cause.
(i) Weapons. (1) If the Contracting Officer, subject to the approval of the Combatant Commander or the Chief of
Mission, authorizes the carrying of weapons-(i) The Contracting Officer may authorize an approved Contractor to issue Contractor-owned weapons and
ammunition to specified employees; or
(ii) The (Contracting Officer to specify individual, e.g., Contracting Officer Representative, Regional Security
Officer, etc,)
may issue Government-furnished weapons and ammunition to the Contractor for issuance to
specified Contractor employees. N/A
(2) The Contractor shall provide to the Contracting Officer a specific list of personnel for whom authorization to
carry a weapon is requested.
(3) The Contractor shall ensure that its personnel who are authorized to carry weapons-(i) Are adequately trained to carry and use them-(A) Safely;
(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander
or the Chief of Mission; and
(ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and
(iii) Adhere to all guidance and orders issued by the Combatant Commander or the Chief of Mission regarding
possession, use, safety, and accountability of weapons and ammunition.
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(4) Upon revocation by the Contracting Officer of the Contractor's authorization to possess weapons, the Contractor
shall ensure that all Government-furnished weapons and unexpended ammunition are returned as directed by the
(5) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor
personnel rests solely with the Contractor and the Contractor employee using such weapon.
(j) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or
equipment necessary to perform the contract in the area of performance.
(k) Military clothing and protective equipment. (1) Contractor personnel are prohibited from wearing military
clothing unless specifically authorized by the Combatant Commander. If authorized to wear military clothing,
Contractor personnel must wear distinctive patches, armbands, nametags, or headgear, in order to be distinguishable
from military personnel, consistent with force protection measures.
(2) Contractor personnel may wear specific items required for safety and security, such as ballistic, nuclear,
biological, or chemical protective equipment.
(l) Evacuation. (1) If the Chief of Mission or Combatant Commander orders a mandatory evacuation of some or all
personnel, the Government will provide to United States and third country national Contractor personnel the level of
assistance provided to private United States citizens.
(2) In the event of a non-mandatory evacuation order, the Contractor shall maintain personnel on location sufficient
to meet contractual obligations unless instructed to evacuate by the Contracting Officer.
(m) Personnel recovery.
(1) In the case of isolated, missing, detained, captured or abducted Contractor personnel, the Government
will assist in personnel recovery actions.
(2) Personnel recovery may occur through military action, action by non-governmental organizations, other
Government-approved action, diplomatic initiatives, or through any combination of these options.
(3) The Department of Defense has primary responsibility for recovering DoD contract service employees and,
when requested, will provide personnel recovery support to other agencies in accordance with DoD Directive
2310.2, Personnel Recovery.
(n) Notification and return of personal effects.
(1) The Contractor shall be responsible for notification of the employee-designated next of kin, and notification as
soon as possible to the U.S. Consul responsible for the area in which the event occurred, if the employee-(i) Dies;
(ii) Requires evacuation due to an injury; or
(iii) Is isolated, missing, detained, captured, or abducted.
(2) The Contractor shall also be responsible for the return of all personal effects of deceased or missing Contractor
personnel, if appropriate, to next of kin.
(o) Mortuary affairs. Mortuary affairs for Contractor personnel who die in the area of performance will be handled
as follows:
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(1) If this contract was awarded by DoD, the remains of Contractor personnel will be handled in accordance with
DoD Directive 1300.22, Mortuary Affairs Policy.
(2)(i) If this contract was awarded by an agency other than DoD, the Contractor is responsible for the return of the
remains of Contractor personnel from the point of identification of the remains to the location specified by the
employee or next of kin, as applicable, except as provided in paragraph (o)(2)(ii) of this clause.
(ii) In accordance with 10 U.S.C. 1486, the Department of Defense may provide, on a reimbursable basis, mortuary
support for the disposition of remains and personal effects of all U.S. citizens upon the request of the Department of
State.
Officer may, at any time, by written order identified as a change order, make changes in place of performance or
Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with
this paragraph shall be subject to the provisions of the Changes clause of this contract.
subcontracts that require subcontractor personnel to perform outside the United States-(1) In a designated operational area during-(i) Contingency operations;
(ii) Humanitarian or peacekeeping operations; or
(iii) Other military operations; or military exercises, when designated by the Combatant Commander; or
(2) When supporting a diplomatic or consular mission-(i) That has been designated by the Department of State as a danger pay post (see
http://aoprals.state.gov/Web920/danger--pay--all.asp); or
(ii) That the Contracting Officer has indicated is subject to this clause.
(End of clause)
52.227-14
RIGHTS IN DATA--GENERAL (MAY 2014)
(a) Definitions. As used in this clause-Computer database or database means a collection of recorded information in a form capable of, and for the purpose
of, being stored in, processed, and operated on by a computer. The term does not include computer software.
Computer software--(1) Means (i) Computer programs that comprise a series of instructions, rules, routines, or
statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific
operation or series of operations; and
(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts,
formulas, and related material that would enable the computer program to be produced, created, or compiled.
(2) Does not include computer databases or computer software documentation.
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Computer software documentation means owner's manuals, user's manuals, installation instructions, operating
instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer
software or provide instructions for using the software.
Data means recorded information, regardless of form or the media on which it may be recorded. The term includes
technical data and computer software. The term does not include information incidental to contract administration,
such as financial, administrative, cost or pricing, or management information.
Form, fit, and function data means data relating to items, components, or processes that are sufficient to enable
physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment
characteristics, functional characteristics, and performance requirements. For computer software it means data
identifying source, functional characteristics, and performance requirements but specifically excludes the source
code, algorithms, processes, formulas, and flow charts of the software.
Limited rights means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of
paragraph (g)(3) if included in this clause.
Limited rights data means data, other than computer software, that embody trade secrets or are commercial or
financial and confidential or privileged, to the extent that such data pertain to items, components, or processes
developed at private expense, including minor modifications.
Restricted computer software means computer software developed at private expense and that is a trade secret, is
commercial or financial and confidential or privileged, or is copyrighted computer software, including minor
modifications of the computer software.
Restricted rights, as used in this clause, means the rights of the Government in restricted computer software, as set
forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a
collateral agreement incorporated in and made part of this contract, including minor modifications of such computer
software.
Technical data, means recorded information (regardless of the form or method of the recording) of a scientific or
technical nature (including computer databases and computer software documentation). This term does not include
computer software or financial, administrative, cost or pricing, or management data or other information incidental
to contract administration. The term includes recorded information of a scientific or technical nature that is included
in computer databases. (See 41 U.S.C. 116)
Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to
have or permit others to do so.
(b) Allocation of rights. (1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited
rights in-(i) Data first produced in the performance of this contract;
(ii) Form, fit, and function data delivered under this contract;
(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or
instructional and training material for installation, operation, or routine maintenance and repair of items,
components, or processes delivered or furnished for use under this contract; and
(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted
computer software in accordance with paragraph (g) of this clause.
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(2) The Contractor shall have the right to-(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph
(c)(1) of this clause;
(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the
Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;
(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other
appropriate action, in accordance with paragraphs (e) and (f) of this clause; and
(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer
software to the extent provided in paragraph (g) of this clause.
(c) Copyright--(1) Data first produced in the performance of this contract. (i) Unless provided otherwise in
paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright
in scientific and technical articles based on or containing data first produced in the performance of this contract and
published in academic, technical or professional journals, symposia proceedings, or similar works. The prior,
express written permission of the Contracting Officer is required to assert copyright in all other data first produced
in the performance of this contract.
(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17
U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number).
(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf,
a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative
works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government.
For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up,
nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare
derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on
behalf of the Government.
(2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written
permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced
in the performance of this contract unless the Contractor-(i) Identifies the data; and
(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1)
of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as
set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral
agreement incorporated in or made part of this contract.
(3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data
pursuant to this paragraph (c), and will include such notices on all reproductions of the data.
(d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce,
distribute, or publish any data first produced or specifically used by the Contractor in the performance of this
contract, except-(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations);
(2) As expressly set forth in this contract; or
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(3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain
restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically
authorized otherwise in writing by the Contracting Officer.
(e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection
or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or
(g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other
restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return
the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following
procedures shall apply prior to canceling or ignoring the markings.
(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from
receipt of the inquiry to provide written justification to substantiate the propriety of the markings;
(ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the
markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause
shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the
data will no longer be made subject to any disclosure prohibitions.
(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set
in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine
whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings
are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence
of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the
Contractor a written determination, which determination will become the final agency decision regarding the
appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days
of receipt of the Contracting Officer's decision. The Government will continue to abide by the markings under this
paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming
final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time
and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by
court decision if suit is filed.
(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with
agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a
request thereunder.
(3) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of
competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in
accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or
ignoring authorized markings on data delivered under this contract.
(f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictive markings shall be
deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or
reproduction of such data.
(2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may
request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown)
after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. The
Contracting Officer may agree to do so if the Contractor-(i) Identifies the data to which the omitted notice is to be applied;
(ii) Demonstrates that the omission of the notice was inadvertent;
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(iii) Establishes that the proposed notice is authorized; and

(iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made
prior to the addition of the notice or resulting from the omission of the notice.
(3) If data has been marked with an incorrect notice, the Contracting Officer may-(i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates
that the correct notice is authorized; or
(ii) Correct any incorrect notices.
(g) Protection of limited rights data and restricted computer software. (1) The Contractor may withhold from
delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs
(b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall-(i) Identify the data being withheld; and
(ii) Furnish form, fit, and function data instead.
(2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as
limited rights data and not restricted computer software.
(3) [Reserved]
(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill
the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms
affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal
and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer.
(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government
under any patent or be construed as affecting the scope of any license or other right otherwise granted to the
Government.
(End of clause)
52.228-3
WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014)
(a) The Contractor shall-(1) Before commencing performance under this contract, establish provisions to provide for the payment of
disability compensation and medical benefits to covered employees and death benefits to their
eligible survivors, by purchasing workers' compensation insurance or qualifying as a self-insurer under the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act
(42 U.S.C. 1651, et seq.), and continue to maintain provisions to provide such Defense Base Act benefits until
contract performance is completed;
(2) Within ten days of an employee's injury or death or from the date the Contractor has knowledge of the injury or
death, submit Form LS-202 (Employee's First Report of Injury or Occupational Illness) to the Department of Labor
in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR
702.201 to 702.203);
(3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);
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(4) Provide for medical care as required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 907,
20 CFR 702.402 and 702.419);
(5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to
Compensation) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 914(d), 20 CFR 702.251);
(6) Immediately upon making the first payment of compensation in any case, submit Form LS-206 (Payment Of
Compensation Without Award) to the Department of Labor in accordance with the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234);
(7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final
Payment or Suspension of Compensation Payments) to the Department of Labor in accordance
with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c) and (g), 20 CFR 702.234 and
702.235); and
(8) Adhere to all other provisions of the Longshore and Harbor Workers' Compensation Act as extended by the
Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704.
(b) For additional information on the Longshore and Harbor Workers' Compensation Act requirements see
http://www.dol.gov/owcp/dlhwc/lsdba.htm.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts to which
the Defense Base Act applies.
(End of clause)
52.229-6
TAXES--FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)
(a) To the extent that this contract provides for furnishing supplies or performing services outside the United States
and its outlying areas, this clause applies in lieu of any Federal, State, and local taxes clause of the contract.
(b) Definitions. As used in this clause-"Contract date," means the date set for bid opening or, if this is a negotiated contract or a modification, the effective
date of this contract or modification.
Country concerned means any country, other than the United States and its outlying areas, in which expenditures
under this contract are made.
"Tax" and "taxes," include fees and charges for doing business that are levied by the government of the country
concerned or by its political subdivisions.
"All applicable taxes and duties," means all taxes and duties, in effect on the contract date, that the taxing authority
is imposing and collecting on the transactions or property covered by this contract, pursuant to written ruling or
regulation in effect on the contract date.
"After-imposed tax," means any new or increased tax or duty, or tax that was exempted or excluded on the contract
date but whose exemption was later revoked or reduced during the contract period, other than excepted tax, on the
transactions or property covered by this contract that the Contractor is required to pay or bear as the result of
legislative, judicial, or administrative action taking effect after the contract date.
"After-relieved tax," means any amount of tax or duty, other than an excepted tax, that would otherwise have been
payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or
bear, or for which the Contractor obtains a refund, as the result of legislative, judicial, or administrative action
taking effect after the contract date.
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"Excepted tax," means social security or other employment taxes, net income and franchise taxes, excess profits
taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and property taxes. "Excepted
tax" does not include gross income taxes levied on or measured by sales or receipts from sales, property taxes
assessed on completed supplies covered by this contract, or any tax assessed on the Contractor's possession of,
interest in, or use of property, title to which is in the U.S. Government.
(c) (1) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except
taxes and duties that the Government of the United States and the government of the country concerned have agreed
shall not be applicable to expenditures in such country by or on behalf of the United States, except as
provided in subparagraph (c)(2) of this clause.
(2) Taxes imposed under 26 U.S.C. 5000C may not be
(i) Included in the contract price; nor
(ii) Reimbursed.
(d) (1) Except as provided in subparagraph (d)(2) of this clause, the contract price shall be increased by the amount
of any after-imposed tax or of any tax or duty specifically excluded from the contract price by a provision of this
contract that the Contractor is required to pay or bear, including any interest or penalty, if the Contractor states in
writing that the contract price does not include any contingency for such tax and if liability for such tax, interest, or
penalty was not incurred through the Contractor's fault, negligence, or failure to follow instructions of the
Contracting Officer or to comply with the provisions of paragraph (i) below.
(2) The contract price may not be increased to offset taxes imposed under 26 U.S.C. 5000C
(e) The contract price shall be decreased by the amount of any after-relieved tax, including any interest or penalty.
The Government of the United States shall be entitled to interest received by the Contractor incident to a refund of
taxes to the extent that such interest was earned after the Contractor was paid by the Government of the United
States for such taxes. The Government of the United States shall be entitled to repayment of any penalty refunded to
the Contractor to the extent that the penalty was paid by the Government.
(f) The contract price shall be decreased by the amount of any tax or duty, other than an excepted tax, that was
included in the contract and that the Contractor is required to pay or bear, or does not obtain a refund of, through the
Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer or to comply with the
provisions of paragraph (i) below.
(g) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds
$250.
(h) If the Contractor obtains a reduction in tax liability under the United States Internal Revenue Code (Title 26,
U.S. Code) because of the payment of any tax or duty that either was included in the contract price or was the basis
of an increase in the contract price, the amount of the reduction shall be paid or credited to the Government of the
United States as the Contracting Officer directs.
(i) The Contractor shall take all reasonable action to obtain exemption from or refund of any taxes or duties,
including interest or penalty, from which the United States Government, the Contractor, any subcontractor, or the
transactions or property covered by this contract are exempt under the laws of the country concerned or its political
subdivisions or which the governments of the United States and of the country concerned have agreed shall not be
applicable to expenditures in such country by or on behalf of the United States.
(j) The Contractor shall promptly notify the Contracting Officer of all matters relating to taxes or duties that
reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate
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action as the Contracting Officer directs. The contract price shall be equitably adjusted to cover the costs of action
taken by the Contractor at the direction of the Contracting Officer, including any interest, penalty, and reasonable
attorneys' fees.
(End of clause)
52.232-1
PAYMENTS (APR 1984)
The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated
in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided
in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by
the Government if-(a) The amount due on the deliveries warrants it; or
(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total
contract price.
(End of clause)
52.232-8
DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount
will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer
by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors
awarded contracts may include discounts for prompt payment on individual invoices.
(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the
invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the
designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of
receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to
have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified
payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government
offices are closed and Government business is not expected to be conducted, payment may be made on the
following business day.
(End of clause)
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52.232-9
LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
If more than one clause or Schedule term of this contract authorizes the temporary withholding of amounts
otherwise payable to the Contractor for supplies delivered or services performed, the total of the amounts withheld
at any one time shall not exceed the greatest amount that may be withheld under any one clause or Schedule term at
that time; provided, that this limitation shall not apply to-(a) Withholdings pursuant to any clause relating to wages or hours of employees;
(b) Withholdings not specifically provided for by this contract;
(c) The recovery of overpayments; and
(d) Any other withholding for which the Contracting Officer determines that this limitation is inappropriate.
(End of clause)
52.232-11
EXTRAS (APR 1984)
Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price
therefore have been authorized in writing by the Contracting Officer.
(End of clause)
52.232-17
INTEREST (MAY 2014)
(a) Except as otherwise provided in this contract under a Price Reduction for Defective Certified Cost or Pricing
Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor to the
Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of
becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in
41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in paragraph (e)
of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is
paid.
(b) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.
(c) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-(1) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt
in a timely manner;
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(2) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline
specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an
installment payment agreement; or
(3) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer
(see 32.607-2).
(d) If a demand for payment was previously issued for the debt, the demand for payment included in the final
decision shall identify the same due date as the original demand for payment.
(e) Amounts shall be due at the earliest of the following dates:
(1) The date fixed under this contract.
(2) The date of the first written demand for payment, including any demand for payment resulting from a default
termination.
(f) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date
and ending on-(1) The date on which the designated office receives payment from the Contractor;
(2) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has
been withheld as a credit against the contract debt; or
(3) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to
the Contractor.
(g) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the
Federal Acquisition Regulation in effect on the date of this contract.
(End of clause)
52.232-18
AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent
upon the availability of appropriated funds from which payment for contract purposes can be made. No legal
liability on the part of the Government for any payment may arise until funds are made available to the Contracting
Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by
(End of clause)
52.232-25
PROMPT PAYMENT (JULY 2013)
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Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the
terms and conditions specified in this clause. The Government considers payment as being made on the day a check
is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections
2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar
days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on
Saturdays, Sundays, and legal holidays.)
(a) Invoice payments--(1) Due date. (i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date
for making invoice payments by the designated payment office is the later of
the following two events:
(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as
provided in paragraph (a)(1)(ii) of this clause).
(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice,
when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective
date of the contract settlement.
(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt,
the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated
billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor
compliance with contract requirements.
(2) Certain food products and other payments. (i) Due dates on Contractor invoices for meat, meat food products, or
fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from
edible fats or oils are-(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7
U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any
perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not
later than, the 7th day after product delivery.
(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C.
4003(3)), as close as possible to, but not later than, the 7th day after product delivery.
(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities
Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless
another date is specified in the contract.
(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C.
4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later
than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed
cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this
classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding
the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract
payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry
practice is upon the Contractor making the representation.
(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due
date will be as specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified
in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this
clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7
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days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities,
dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not
a proper invoice. The Government will take into account untimely notification when computing any interest penalty
owed the Contractor.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the
mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number
and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services
performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms).
Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract
or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a
defective invoice.
(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required
elsewhere in this contract.
(ix) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,
the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation
provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g.,
52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by
Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(x) Any other information or documentation required by the contract (e.g., evidence of shipment).
(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from
the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through
(a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal
holiday, the designated payment office may make payment on the following working day without incurring a late
payment interest penalty.
(i) The designated billing office received a proper invoice.
(ii) The Government processed a receiving report or other Government documentation authorizing payment, and
there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.
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(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services
performed, the amount was not subject to further contract settlement actions between the Government and the
Contractor.
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of
Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance
is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor
delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless
there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual
acceptance occurs within the constructive acceptance period, the Government will base the determination of an
interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however,
compel Government officials to accept supplies or services, perform contract administration functions, or make
payment prior to fulfilling their responsibilities.
(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if
payment delays are due to disagreement between the Government and the Contractor over the payment amount or
other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the
terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest
that may be payable in accordance with the clause at FAR 52.233-1, Disputes.
(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically,
without request from the Contractor, if the Government takes a discount for prompt payment improperly. The
Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part
1315.
(7) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in
accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only
if-(A) The Government owes an interest penalty of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount
is paid; and
(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in
accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is
paid.
(ii)(A) The Contractor shall support written demands for additional penalty payments with the following data. The
Government will not request any additional data. The Contractor shall-(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue
late payment interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest is due; and
(3) State that payment of the principal has been received, including the date of receipt.
(B) If there is no postmark or the postmark is illegible-(1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the
demand is received on or before the 40th day after payment was made; or
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(2) If the designated payment office fails to make the required annotation, the Government will determine the
demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the
40th day after payment was made.
(iii) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments
under utility contracts subject to tariffs and regulation).
(b) Contract financing payment. If this contract provides for contract financing, the Government will make contract
financing payments in accordance with the applicable contract financing clause.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure,
payments will be made within 15 days after the date of receipt of the invoice.
(d) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-(1) Remit the overpayment amount to the payment office cited in the contract along with a description of the
overpayment including the-(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of
overpayment);
(ii) Affected contract number and delivery order number if applicable;
(iii) Affected contract line item or subline item, if applicable; and
(iv) Contractor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(End of clause)
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFERSYSTEM FOR AWARD MANAGEMENT
(JULY 2013)
(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds
transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term EFT refers to
the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend the payment due date until such time as the Government can make payment
by EFT (but see paragraph (d) of this clause).
(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT
information contained in the System for Award Management (SAM) database. In the event that the EFT information
changes, the Contractor shall be responsible for providing the updated information to the SAM database.
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(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated
Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the
Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part
210.
(d) Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect, then the
Government need not make payment to the Contractor under this contract until correct EFT information is entered
into the SAM database; and any invoice or contract financing request shall be deemed not to be a proper invoice for
the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of
an improper invoice and delays in accrual of interest penalties apply.
(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the
Government used the Contractor's EFT information incorrectly, the Government remains responsible for-(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was
revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve
System, and-(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made
payment and the Contractor is responsible for recovery of any erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the
provisions of paragraph (d) of this clause shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with
the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal
Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date,
provided the specified payment date is a valid date under the rules of the Federal Reserve System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the
assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that
the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of
this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the
Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is
not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor.
EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a
proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of
paragraph (d) of this clause.
(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting
from changes to EFT information made by the Contractor's financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment
information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve
System. The Government may request the Contractor to designate a desired format and method(s) for delivery of
payment information from a list of formats and methods the payment office is capable of executing. However, the
Government does not guarantee that any particular format or method of delivery is available at any particular
payment office and retains the latitude to use the format and delivery method most convenient to the Government. If
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the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall
mail the payment information to the remittance address contained in the SAM database.
(End of Clause)
52.233-1
DISPUTES. (MAY 2014)
(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be
resolved under this clause.
(c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties
seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the
Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A
voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41
U.S.C. chapter 71. The submission may be converted to a claim under the Act, by complying with the submission
and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a
reasonable time.
(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted
within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the
Government against the Contractor shall be subject to a written decision by the Contracting Officer.
(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting
any claim exceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part
of a claim.
(iii) The certification shall state as follows: I certify that the claim is made in good faith; that the supporting data
are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the
contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify
the claim on behalf of the Contractor.
(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.
(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the
Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the
Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the
decision will be made.
(f) The Contracting Officers decision shall be final unless the Contractor appeals or files a suit as provided in 41
U.S.C. chapter 71.
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(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented
to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the
Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the
Contractors specific reasons for rejecting the offer.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting
Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is
later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201,
interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims
shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the
period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month
period as fixed by the Treasury Secretary during the pendency of the claim.
(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request
for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting
Officer.
(End of clause)
52.233-3
PROTEST AFTER AWARD (AUG. 1996)
(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see
FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop
performance of the work called for by this contract. The order shall be specifically identified as a stop-work order
issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period
of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either-(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the
Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the
Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule
or contract price, or both, and the contract shall be modified, in writing, accordingly, if-(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable
to, the performance of any part of this contract; and
(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;
provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and
act upon a proposal at any time before final payment under this contract.
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(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the
Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at
the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting
Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.
(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a
protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or
33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In
addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may
collect this debt by offsetting the amount against any payment due the Contractor under any contract between the
Contractor and the Government.
(End of clause)
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
(End of clause)
52.237-3
CONTINUITY OF SERVICES (JAN 1991)
(a) The Contractor recognizes that the services under this contract are vital to the Government and must be
continued without interruption and that, upon contract expiration, a successor, either the Government or another
contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best
efforts and cooperation to effect an orderly and efficient transition to a successor.
(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for
up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the
nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for
transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting
Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out
period to ensure that the services called for by this contract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain
the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary
personnel records and allow the successor to conduct onsite interviews with these employees. If selected employees
are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of
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their earned fringe benefits to the successor.
(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the
agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to
exceed a pro rata portion of the fee (profit) under this contract.
(End of clause)
52.237-8
RESTRICTION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS. (AUG 2003)
(a) The Federal Acquisition Regulation (FAR), at 31.205-6(g)(6), limits the cost allowability of severance payments
to foreign nationals employed under a service contract performed outside the United States unless the agency grants
a waiver pursuant to FAR 37.113-1 before contract award.
(b) In making the determination concerning the granting of a waiver, the agency will determine that-(1) The application of the severance pay limitations to the contract would adversely affect the continuation of a
program, project, or activity that provides significant support services for (i) members of the armed forces stationed
or deployed outside the United States, or (ii) employees of an executive agency posted outside the United States;
(2) The Contractor has taken (or has established plans to take) appropriate actions within its control to minimize the
amount and number of incidents of the payment of severance pay to employees under the contract who are foreign
nationals; and
(3) The payment of severance pay is necessary in order to comply with a law that is generally applicable to a
significant number of businesses in the country in which the foreign national receiving the payment performed
services under the contract, or is necessary to comply with a collective bargaining agreement.
(End of clause)
52.242-13
BANKRUPTCY (JUL 1995)
In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the
Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written
notification of the bankruptcy to the Contracting Officer responsible for administering the contract. This
notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing.
This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which
the bankruptcy petition was filed, and a listing of Government contract numbers and contracting offices for all
Government contracts against which final payment has not been made. This obligation remains in effect until final
payment under this contract.
(End of clause)
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52.243-1
CHANGES--FIXED-PRICE (AUG 1987)
(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make
changes within the general scope of this contract in any one or more of the following:
(1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the
Government in accordance with the drawings, designs, or specifications.
(2) Method of shipment or packing.
(3) Place of delivery.
(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any
part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an
equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.
(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of
the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may
receive and act upon a proposal submitted before final payment of the contract.
(d) If the Contractors proposal includes the cost of property made obsolete or excess by the change, the Contracting
Officer shall have the right to prescribe the manner of the disposition of the property.
(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the Contractor from proceeding with the contract as changed.
(End of clause)
52.243-7
NOTIFICATION OF CHANGES (APR 1984)
(a) Definitions.
"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.
"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer
has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this
subparagraph and shall be issued to the designated representative before the SAR exercises such authority.
(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the
Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and
signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing,
within 30 calendar days from the date that the Contractor identifies any Government conduct (including actions,
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inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and
conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-(1) The date, nature, and circumstances of the conduct regarded as a change;
(2) The name, function, and activity of each Government individual and Contractor official or employee involved in
or knowledgeable about such conduct;
(3) The identification of any documents and the substance of any oral communication involved in such conduct;
(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;
(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment
under this clause, including-(i) What contract line items have been or may be affected by the alleged change;
(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;
(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on
continued performance have been or may be caused by the alleged change;
(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are
estimated; and
(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to
minimize cost, delay or disruption of performance.
(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall
diligently continue performance of this contract to the maximum extent possible in accordance with its terms and
conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a
communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue
performance; provided, however, that if the Contractor regards the direction or communication as a change as
described in (b) above, notice shall be given in the manner provided. All directions, communications,
interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the
Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the
authority of the SAR.
(d) Government response. The Contracting Officer shall promptly, within 30 calendar days after receipt of notice,
respond to the notice in writing. In responding, the Contracting Officer shall either-(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the
mode of further performance;
(2) Countermand any communication regarded as a change;
(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the
mode of further performance; or
(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above,
advise the Contractor what additional information is required, and establish the date by which it should be furnished
and the date thereafter by which the Government will respond.
(e) Equitable adjustments.
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(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and
the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any
part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall
be made-(i) In the contract price or delivery schedule or both; and
(ii) In such other provisions of the contract as may be affected.
(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which
are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time
extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings,
designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When
the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this
clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of
disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay
resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b)
and (c) above.
Note: The phrases contract price and cost wherever they appear in the clause, may be appropriately modified to
apply to cost-reimbursement or incentive contracts, or to combinations thereof.
(End of clause)
52.244-2
SUBCONTRACTS (OCT 2010)
(a) Definitions. As used in this clause-Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in
accordance with Part 44 of the Federal Acquisition Regulation (FAR).
Consent to subcontract means the Contracting Officer's written consent for the Contractor to enter into a particular
subcontract.
Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies
or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders,
and changes and modifications to purchase orders.
(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced
contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance
with paragraph (c) or (d) of this clause.
(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any
subcontract that
(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or
(2) Is fixed-price and exceeds
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(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space
Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the
contract; or
(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space
Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.
(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting
Officers written consent before placing the following subcontracts:
All subcontracts with a total value of $100,000.00 or greater.
(e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or
modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the
following information:
(i) A description of the supplies or services to be subcontracted.
(ii) Identification of the type of subcontract to be used.
(iii) Identification of the proposed subcontractor.
(iv) The proposed subcontract price.
(v) The subcontractors current, complete, and accurate certified cost or pricing data and Certificate of Current Cost
or Pricing Data, if required by other contract provisions.
(vi) The subcontractors Disclosure Statement or Certificate relating to Cost Accounting Standards when such data
are required by other provisions of this contract.
(vii) A negotiation memorandum reflecting
(A) The principal elements of the subcontract price negotiations;
(B) The most significant considerations controlling establishment of initial or revised prices;
(C) The reason certified cost or pricing data were or were not required;
(D) The extent, if any, to which the Contractor did not rely on the subcontractors certified cost or pricing data in
determining
the price objective and in negotiating the final price;
(E) The extent to which it was recognized in the negotiation that the subcontractors certified cost or pricing data
were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of
any such defective data on the total price negotiated;
(F) The reasons for any significant difference between the Contractors price objective and the price negotiated; and
(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall
identify each critical performance element, management decisions used to quantify each incentive element, reasons
for the incentives, and a summary of all trade-off possibilities considered.
(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for
which consent is not required under paragraph (c), (d), or (e) of this clause.
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(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any
subcontract nor approval of the Contractors purchasing system shall constitute a determination
(1) Of the acceptability of any subcontract terms or conditions;
(2) Of the allowability of any cost under this contract; or
(3) To relieve the Contractor of any responsibility for performing this contract.
(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-apercentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee
limitations in FAR 15.404-4(c)(4)(i).
(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt
notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the
Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be
entitled to reimbursement from the Government.
(i) The Government reserves the right to review the Contractors purchasing system as set forth in FAR Subpart
44.3.
(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during
negotiations:
____________________
_____________________
(End of clause)
52.244-5
COMPETITION IN SUBCONTRACTING (DEC 1996)
(a) The Contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum practical
extent consistent with the objectives and requirements of the contract.
(b) If the Contractor is an approved mentor under the Department of Defense Pilot Mentor-Protege Program (Pub.
L. 101510, section 831 as amended), the Contractor may award subcontracts under this contract on a
noncompetitive basis to its proteges.
(End of clause)
52.244-6
SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2016)
(a) Definitions.
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"Commercial item", has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.
"Subcontract", includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the
Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to
incorporate, commercial items or nondevelopmental items as components of items to be supplied under this
contract.
(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509), if the subcontract
exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the
appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law
shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010)
(Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract
offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212(a));
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496),
if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xi) 52.222-55, Minimum Wages under Executive Order 13658 (DEC 2015).
(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is
required in accordance with paragraph (c) of FAR clause 52.232-40.
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(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241
and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded
under this contract.
(End of clause)
52.244-6
SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2016)
(a) Definitions.
"Commercial item", has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.
"Subcontract", includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the
Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to
incorporate, commercial items or nondevelopmental items as components of items to be supplied under this
contract.
(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509), if the subcontract
exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the
appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law
shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010)
(Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract
offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212(a));
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212).
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(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496),
if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xi) 52.222-55, Minimum Wages under Executive Order 13658 (DEC 2015).
(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is
required in accordance with paragraph (c) of FAR clause 52.232-40.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241
and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded
under this contract.
(End of clause)
52.245-1
GOVERNMENT PROPERTY (APR 2012)

Cannibalize means to remove parts from Government property for use or for installation on other Government
property.
Contractor-acquired property means property acquired, fabricated, or otherwise provided by the Contractor for
performing a contract, and to which the Government has title.
Contractor inventory means
(1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title
is vested in the Government and which exceeds the amounts needed to complete full performance under the entire
contract;
(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as
a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or
subcontract thereunder), before completion of the work, for the convenience or at the option of the Government;
and
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(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire
contract.
Contractors managerial personnel means the Contractors directors, officers, managers, superintendents, or
equivalent representatives who have supervision or direction of
(1) All or substantially all of the Contractors business;
(2) All or substantially all of the Contractors operation at any one plant or separate location; or
(3) A separate and complete major industrial operation.
Demilitarization means rendering a product unusable for, and not restorable to, the purpose for which it was
designed or is customarily used.
Discrepancies incident to shipment means any differences (e.g., count or condition) between the items
documented to have been shipped and items actually received.
Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable,
and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its
identity or become a component part of another article when put into use. Equipment does not include material, real
property, special test equipment or special tooling.
Government-furnished property means property in the possession of, or directly acquired by, the Government and
subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes,
but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Governmentfurnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable
under a cost contract when accepted by the Government for continued use under the contract.
Government property means all property owned or leased by the Government. Government property includes
both Government-furnished and Contractor-acquired property. Government property includes material, equipment,
special tooling, special test equipment, and real property. Government property does not include intellectual
property and software.
Loss of Government property means unintended, unforeseen or accidental loss, damage or destruction to
Government property that reduces the Governments expected economic benefits of the property. Loss of
Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or
manufacturing defects. Loss of Government property includes, but is not limited to
(1) Items that cannot be found after a reasonable search;
(2) Theft;
(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or
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(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical
repair.
Material means property that may be consumed or expended during the performance of a contract, component
parts of a higher assembly, or items that lose their individual identity through incorporation into an end item.
Material does not include equipment, special tooling, special test equipment or real property.
Nonseverable means property that cannot be removed after construction or installation without substantial loss of
value or damage to the installed property or to the premises where installed.
Precious metals means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.
Production scrap means unusable material resulting from production, engineering, operations and maintenance,
repair, and research and development contract activities. Production scrap may have value when re-melted or
reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings.
Property means all tangible property, both real and personal.
Property Administrator means an authorized representative of the Contracting Officer appointed in accordance
with agency procedures, responsible for administering the contract requirements and obligations relating to
Government property in the possession of a Contractor.
Property records means the records created and maintained by the contractor in support of its stewardship
responsibilities for the management of Government property.
Provide means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.
Real property See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).
Sensitive property means property potentially dangerous to the public safety or security if stolen, lost, or
misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples
include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or
wastes, or precious metals.
Unit acquisition cost means
(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract;
and
(2) For contractor-acquired property, the cost derived from the Contractors records that reflect consistently applied
generally accepted accounting principles.
(b) Property management.
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(1) The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair, and
maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this
clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and
methodologies necessary for effective and efficient control of Government property. The Contractor shall disclose
any significant changes to its property management system to the Property Administrator prior to implementation of
the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or
industry-leading practices and standards that provide effective and efficient Government property management that
are necessary and appropriate for the performance of this contract (except where inconsistent with law or
regulation).
(2) The Contractors responsibility extends from the initial acquisition and receipt of property, through stewardship,
custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption,
expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final
determination for lost property. This requirement applies to all Government property under the Contractors
accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v)
of this clause).
(3) The Contractor shall include the requirements of this clause in all subcontracts under which Government
property is acquired or furnished for subcontract performance.
(4) The Contractor shall establish and maintain procedures necessary to assess its property management system
effectiveness and shall perform periodic internal reviews, surveillances, self assessments, or audits. Significant
findings or results of such reviews and audits pertaining to Government property shall be made available to the
Property Administrator.
(c) Use of Government property.
(1) The Contractor shall use Government property, either furnished or acquired under this contract, only for
performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.
(2) Modifications or alterations of Government property are prohibited, unless they are
(i) Reasonable and necessary due to the scope of work under this contract or its terms and conditions;
(ii) Required for normal maintenance; or
(iii) Otherwise authorized by the Contracting Officer.
(3) The Contractor shall not cannibalize Government property unless otherwise provided for in this contract or
approved by the Contracting Officer.
(d) Government-furnished property.
(1) The Government shall deliver to the Contractor the Government-furnished property described in this contract.
The Government shall furnish related data and information needed for the intended use of the property. The
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warranties of suitability of use and timely delivery of Government-furnished property do not apply to property
acquired or fabricated by the Contractor as contractor-acquired property and subsequently transferred to another
contract with this Contractor.
(2) The delivery and/or performance dates specified in this contract are based upon the expectation that the
Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by
the dates stated in the contract.
(i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall,
upon the Contractors timely written request, consider an equitable adjustment to the contract.
(ii) In the event property is received by the Contractor, or for Government-furnished property after receipt and
installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractors
timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include
repairing, replacing, modifying, returning, or otherwise disposing of the property at the Governments expense.
Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the
contract (see also paragraph (f)(1)(ii)(A) of this clause).
(iii) The Government may, at its option, furnish property in an as-is condition. The Contractor will be given the
opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no
warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs,
replacement, and/or refurbishment shall be at the Contractors expense.
(3)
(i) The Contracting Officer may by written notice, at any time
(A) Increase or decrease the amount of Government-furnished property under this contract;
(B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be
acquired by the Contractor for the Government under this contract; or
(C) Withdraw authority to use property.
(ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractors timely written
request, the Contracting Officer shall consider an equitable adjustment to the contract.
(e) Title to Government property.
(1) All Government-furnished property and all property acquired by the Contractor, title to which vests in the
Government under this paragraph (collectively referred to as Government property), is subject to the provisions of
this clause. The Government shall retain title to all Government-furnished property. Title to Government property
shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall
Government property become a fixture or lose its identity as personal property by being attached to any real
property.
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(2) Title vests in the Government for all property acquired or fabricated by the Contractor in accordance with the
financing provisions or other specific requirements for passage of title in the contract. Under fixed price type
contracts, in the absence of financing provisions or other specific requirements for passage of title in the contract,
the Contractor retains title to all property acquired by the Contractor for use on the contract, except for property
identified as a deliverable end item. If a deliverable item is to be retained by the Contractor for use after inspection
and acceptance by the Government, it shall be made accountable to the contract through a contract modification
listing the item as Government-furnished property.
(3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost-Reimbursable contract line items
under Fixed-Price contracts.
(i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract shall pass to and vest in the Government upon the vendors delivery of such
property.
(ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the
Government upon
(A) Issuance of the property for use in contract performance;
(B) Commencement of processing of the property for use in contract performance; or
(C) Reimbursement of the cost of the property by the Government, whichever occurs first.
(f) Contractor plans and systems.
(1) Contractors shall establish and implement property management plans, systems, and procedures at the contract,
program, site or entity level to enable the following outcomes:
(i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its
engineering, production planning, and property control operations.
(ii) Receipt of Government Property. The Contractor shall receive Government property and document the receipt,
record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this
clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or
other identification), and manage any discrepancies incident to shipment.
(A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator
containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages,
shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property.
(B) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages,
damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a
vendor or supplier, so as to ensure the proper allocability and allowability of associated costs.
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(iii) Records of Government property. The Contractor shall create and maintain records of all Government property
accountable to the contract, including Government-furnished and Contractor-acquired property.
(A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise
approved by the Property Administrator, contain the following:
(1) The name, part number and description, National Stock Number (if needed for additional item identification
tracking and/or disposition), and other data elements as necessary and required in accordance with the terms and
conditions of the contract.
(2) Quantity received (or fabricated), issued, and balance-on-hand.
(3) Unit acquisition cost.
(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking).
(5) Unit of measure.
(6) Accountable contract number or equivalent code designation.
(7) Location.
(8) Disposition.
(9) Posting reference and date of transaction.
(10) Date placed in service (if required in accordance with the terms and conditions of the contract).
(B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the
Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents
evidencing receipt, issue, and use of material that is issued for immediate consumption.
(iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A
final physical inventory shall be performed upon contract completion or termination. The Property Administrator
may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the
Contractors system or the property is to be transferred to a follow-on contract).
(v) Subcontractor control.
(A) The Contractor shall award subcontracts that clearly identify items to be provided and the extent of any
restrictions or limitations on their use. The Contractor shall ensure appropriate flow down of contract terms and
conditions (e.g., extent of liability for loss of Government property.
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(B) The Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to
determine the adequacy of the subcontractors property management system.
(vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies, loss of Government
property, physical inventory results, audits and self-assessments, corrective actions, and other property-related
reports as directed by the Contracting Officer.
(vii) Relief of stewardship responsibility and liability. The Contractor shall have a process to enable the prompt
recognition, investigation, disclosure and reporting of loss of Government property, including losses that occur at
subcontractor or alternate site locations.
(A) This process shall include the corrective actions necessary to prevent recurrence.
(B) Unless otherwise directed by the Property Administrator, the Contractor shall investigate and report to the
Government all incidents of property loss as soon as the facts become known. Such reports shall, at a minimum,
contain the following information:
(1) Date of incident (if known).
(2) The data elements required under (f)(1)(iii)(A).
(3) Quantity.
(4) Accountable contract number.
(5) A statement indicating current or future need.
(6) Unit acquisition cost, or if applicable, estimated sales proceeds, estimated repair or replacement costs.
(7) All known interests in commingled material of which includes Government material.
(8) Cause and corrective action taken or to be taken to prevent recurrence.
(9) A statement that the Government will receive compensation covering the loss of Government property, in the
event the Contractor was or will be reimbursed or compensated.
(10) Copies of all supporting documentation.
(11) Last known location.
(12) A statement that the property did or did not contain sensitive, export controlled, hazardous, or toxic material,
and that the appropriate agencies and authorities were notified.
(C) Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility and
liability for property when
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(1) Such property is consumed or expended, reasonably and properly, or otherwise accounted for, in the
performance of the contract, including reasonable inventory adjustments of material as determined by the Property
Administrator;
(2) Property Administrator grants relief of responsibility and liability for loss of Government property;
(3) Property is delivered or shipped from the Contractor's plant, under Government instructions, except when
shipment is to a subcontractor or other location of the Contractor; or
(4) Property is disposed of in accordance with paragraphs (j) and (k) of this clause.
(viii) Utilizing Government property.
(A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this
contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to
contract performance.
(B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not
commingle Government material with material not owned by the Government.
(ix) Maintenance. The Contractor shall properly maintain Government property. The Contractors maintenance
program shall enable the identification, disclosure, and performance of normal and routine preventative
maintenance and repair. The Contractor shall disclose and report to the Property Administrator the need for
replacement and/or capital rehabilitation.
(x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract
property closeout, to include reporting, investigating and securing closure of all loss of Government property cases;
physically inventorying all property upon termination or completion of this contract; and disposing of items at the
time they are determined to be excess to contractual needs.
(2) The Contractor shall establish and maintain Government accounting source data, as may be required by this
contract, particularly in the areas of recognition of acquisitions, loss of Government property, and disposition of
material and equipment.
(g) Systems analysis.
(1) The Government shall have access to the Contractors premises and all Government property, at reasonable
times, for the purposes of reviewing, inspecting and evaluating the Contractors property management plan(s),
systems, procedures, records, and supporting documentation that pertains to Government property. This access
includes all site locations and, with the Contractors consent, all subcontractor premises.
(2) Records of Government property shall be readily available to authorized Government personnel and shall be
appropriately safeguarded.
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(3) Should it be determined by the Government that the Contractors (or subcontractors) property management
practices are inadequate or not acceptable for the effective management and control of Government property under
this contract, or present an undue risk to the Government, the Contractor shall prepare a corrective action plan when
requested by the Property Administer and take all necessary corrective actions as specified by the schedule within
the corrective action plan.
(4) The Contractor shall ensure Government access to subcontractor premises, and all Government property located
at subcontractor premises, for the purposes of reviewing, inspecting and evaluating the subcontractors property
management plan, systems, procedures, records, and supporting documentation that pertains to Government
property.
(h) Contractor Liability for Government Property.
(1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss of Government property
furnished or acquired under this contract, except when any one of the following applies
(i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or
reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19.
(ii) Loss of Government property that is the result of willful misconduct or lack of good faith on the part of the
Contractors managerial personnel.
(iii) The Contracting Officer has, in writing, revoked the Governments assumption of risk for loss of Government
property due to a determination under paragraph (g) of this clause that the Contractors property management
practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely
corrective action. If the Contractor can establish by clear and convincing evidence that the loss of Government
property occurred while the Contractor had adequate property management practices or the loss did not result from
the Contractors failure to maintain adequate property management practices, the Contractor shall not be held liable.
(2) The Contractor shall take all reasonable actions necessary to protect the property from further loss. The
Contractor shall separate the damaged and undamaged property, place all the affected property in the best possible
order, and take such other action as the Property Administrator directs.
(3) The Contractor shall do nothing to prejudice the Governments rights to recover against third parties for any loss
of Government property.
(4) The Contractor shall reimburse the Government for loss of Government property, to the extent that the
Contractor is financially liable for such loss, as directed by the Contracting Officer.
(5) Upon the request of the Contracting Officer, the Contractor shall, at the Governments expense, furnish to the
Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of
instruments of assignment in favor of the Government in obtaining recovery.
(i) Equitable adjustment. Equitable adjustments under this clause shall be made in accordance with the procedures
of the Changes clause. However, the Government shall not be liable for breach of contract for the following:
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(1) Any delay in delivery of Government-furnished property.

(2) Delivery of Government-furnished property in a condition not suitable for its intended use.
(3) An increase, decrease, or substitution of Government-furnished property.
(4) Failure to repair or replace Government property for which the Government is responsible. Standard
Form 1428
(j) Contractor inventory disposal. Except as otherwise provided for in this contract, the Contractor shall not dispose
of Contractor inventory until authorized to do so by the Plant Clearance Officer or authorizing official.
(1) Predisposal requirements.
(i) If the Contractor determines that the property has the potential to fulfill requirements under other contracts, the
Contractor, in consultation with the Property Administrator, shall request that the Contracting Officer transfer the
property to the contract in question, or provide authorization for use, as appropriate. In lieu of transferring the
property, the Contracting Officer may authorize the Contractor to credit the costs of Contractor-acquired property
(material only) to the losing contract, and debit the gaining contract with the corresponding cost, when such material
is needed for use on another contract. Property no longer needed shall be considered contractor inventory.
(ii) For any remaining Contractor-acquired property, the Contractor may purchase the property at the unit
acquisition cost if desired or make reasonable efforts to return unused property to the appropriate supplier at fair
market value (less, if applicable, a reasonable restocking fee that is consistent with the suppliers customary
practices.)
(2) Inventory disposal schedules.
(i) Absent separate contract terms and conditions for property disposition, and provided the property was not
reutilized, transferred, or otherwise disposed of, the Contractor, as directed by the Plant Clearance Officer or
authorizing official, shall use Standard Form 1428, Inventory Disposal Schedule or electronic equivalent, to identify
and report
(A) Government-furnished property that is no longer required for performance of this contract;
(B) Contractor-acquired property, to which the Government has obtained title under paragraph (e) of this clause,
which is no longer required for performance of that contract; and
(C) Termination inventory.
(ii) The Contractor may annotate inventory disposal schedules to identify property the Contractor wishes to
purchase from the Government, in the event that the property is offered for sale.
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(iii) Separate inventory disposal schedules are required for aircraft in any condition, flight safety critical aircraft
parts, and other items as directed by the Plant Clearance Officer.
(iv) The Contractor shall provide the information required by FAR 52.245-1(f)(1)(iii) along with the following:
(A) Any additional information that may facilitate understanding of the propertys intended use.
(B) For work-in-progress, the estimated percentage of completion.
(C) For precious metals in raw or bulk form, the type of metal and estimated weight.
(D) For hazardous material or property contaminated with hazardous material, the type of hazardous material.
(E) For metals in mill product form, the form, shape, treatment, hardness, temper, specification (commercial or
Government) and dimensions (thickness, width and length).
(v) Property with the same description, condition code, and reporting location may be grouped in a single line item.
(vi) Scrap should be reported by lot along with metal content, estimated weight and estimated value.
(3) Submission requirements.
(i) The Contractor shall submit inventory disposal schedules to the Plant Clearance Officer no later than
(A) 30 days following the Contractors determination that a property item is no longer required for performance of
this contract;
(B) 60 days, or such longer period as may be approved by the Plant Clearance Officer, following completion of
contract deliveries or performance; or
(C) 120 days, or such longer period as may be approved by the Termination Contracting Officer, following contract
termination in whole or in part.
(ii) Unless the Plant Clearance Officer determines otherwise, the Contractor need not identify or report production
scrap on inventory disposal schedules, and may process and dispose of production scrap in accordance with its own
internal scrap procedures. The processing and disposal of other types of Government-owned scrap will be
conducted in accordance with the terms and conditions of the contract or Plant Clearance Officer direction, as
appropriate.
(4) Corrections. The Plant Clearance Officer may
(i) Reject a schedule for cause (e.g., contains errors, determined to be inaccurate); and
(ii) Require the Contractor to correct an inventory disposal schedule.
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(5) Postsubmission adjustments. The Contractor shall notify the Plant Clearance Officer at least 10 working days in
advance of its intent to remove an item from an approved inventory disposal schedule. Upon approval of the Plant
Clearance Officer, or upon expiration of the notice period, the Contractor may make the necessary adjustments to
the inventory schedule.
(6) Storage.
(i) The Contractor shall store the property identified on an inventory disposal schedule pending receipt of disposal
instructions. The Governments failure to furnish disposal instructions within 120 days following acceptance of an
inventory disposal schedule may entitle the Contractor to an equitable adjustment for costs incurred to store such
property on or after the 121st day.
(ii) The Contractor shall obtain the Plant Clearance Officers approval to remove property from the premises where
the property is currently located prior to receipt of final disposition instructions. If approval is granted, any costs
incurred by the Contractor to transport or store the property shall not increase the price or fee of any Government
contract. The storage area shall be appropriate for assuring the propertys physical safety and suitability for use.
Approval does not relieve the Contractor of any liability for such property under this contract.
(7) Disposition instructions.
(i) The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of Contractor inventory as directed by
the Plant Clearance Officer. Unless otherwise directed by the Contracting Officer or by the Plant Clearance Officer,
the Contractor shall remove and destroy any markings identifying the property as U.S. Government-owned property
prior to its disposal.
(ii) The Contracting Officer may require the Contractor to demilitarize the property prior to shipment or disposal. In
such cases, the Contractor may be entitled to an equitable adjustment under paragraph (i) of this clause.
(8) Disposal proceeds. As directed by the Contracting Officer, the Contractor shall credit the net proceeds from the
disposal of Contractor inventory to the contract, or to the Treasury of the United States as miscellaneous receipts.
(9) Subcontractor inventory disposal schedules. The Contractor shall require its Subcontractors to submit inventory
disposal schedules to the Contractor in accordance with the requirements of paragraph (j)(3) of this clause.
(k) Abandonment of Government property.
(1) The Government shall not abandon sensitive property or termination inventory without the Contractors written
consent.
(2) The Government, upon notice to the Contractor, may abandon any nonsensitive property in place, at which time
all obligations of the Government regarding such property shall cease.
(3) Absent contract terms and conditions to the contrary, the Government may abandon parts removed and replaced
from property as a result of normal maintenance actions, or removed from property as a result of the repair,
maintenance, overhaul, or modification process.
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(4) The Government has no obligation to restore or rehabilitate the Contractors premises under any circumstances;
however, if Government-furnished property is withdrawn or is unsuitable for the intended use, or if other
Government property is substituted, then the equitable adjustment under paragraph (i) of this clause may properly
include restoration or rehabilitation costs.
(l) Communication. All communications under this clause shall be in writing.
(m) Contracts outside the United States. If this contract is to be performed outside of the United States and its
outlying areas, the words Government and Government-furnished (wherever they appear in this clause) shall be
construed as United States Government and United States Government-furnished, respectively.
(End of clause)
52.246-25
LIMITATION OF LIABILITY--SERVICES (FEB 1997)
(a) Except as provided in paragraphs (b) and (c) below, and except to the extent that the Contractor is expressly
responsible under this contract for deficiencies in the services required to be performed under it (including any
materials furnished in conjunction with those services), the Contractor shall not be liable for loss of or damage to
property of the Government that (1) occurs after Government acceptance of services performed under this contract,
and (2) results from any defects or deficiencies in the services performed or materials furnished.
(b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the
Government's acceptance of, services performed or materials furnished results from willful misconduct or lack of
good faith on the part of any of the Contractor's managerial personnel. The term "Contractor's managerial
personnel," as used in this clause, means the Contractor's directors, officers, and any of the Contractor's managers,
superintendents, or equivalent representatives who have supervision or direction of-(1) All or substantially all of the Contractor's business;
(2) All or substantially all of the Contractor's operations at any one plant, laboratory, or separate location at which
the contract is being performed; or
(3) A separate and complete major industrial operation connected with the performance of this contract.
(c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or
damage suffered by the Government through the Contractor's performance of services or furnishing of materials
under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for
loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any
defects and deficiencies in, services performed or materials furnished under this contract.
(End of clause)
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52.249-2
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)
(a) The Government may terminate performance of work under this contract in whole or, from time to time, in part
if the Contracting Officer determines that a termination is in the Government's interest. The Contracting Officer
shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the
effective date.
(b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall
immediately proceed with the following obligations, regardless of any delay in determining or adjusting any
amounts due under this clause:
(1) Stop work as specified in the notice.
(2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for materials, services, or
facilities, except as necessary to complete the continued portion of the contract.
(3) Terminate all subcontracts to the extent they relate to the work terminated.
(4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor
under the subcontracts terminated, in which case the Government shall have the right to settle or to pay any
termination settlement proposal arising out of those terminations.
(5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities
and termination settlement proposals arising from the termination of subcontracts; the approval or ratification will
be final for purposes of this clause.
(6) As directed by the Contracting Officer, transfer title and deliver to the Government (i) the fabricated or
unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work
terminated, and (ii) the completed or partially completed plans, drawings, information, and other property that, if the
contract had been completed, would be required to be furnished to the Government.
(7) Complete performance of the work not terminated.
(8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and
preservation of the property related to this contract that is in the possession of the Contractor and in which the
Government has or may acquire an interest.
(9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any property of the types
referred to in subparagraph (b)(6) of this clause; provided, however, that the Contractor (i) is not required to extend
credit to any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved
by, the Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be
made by the Government under this contract, credited to the price or cost of the work, or paid in any other manner
directed by the Contracting Officer.
(c) The Contractor shall submit complete termination inventory schedules no later than 120 days from the effective
date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor
within this 120-day period.
(d) After expiration of the plant clearance period as defined in Subpart 49.001 of the Federal Acquisition
Regulation, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of
termination inventory not previously disposed of, excluding items authorized for disposition by the Contracting
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Officer. The Contractor may request the Government to remove those items or enter into an agreement for their
storage. Within 15 days, the Government will accept title to those items and remove them or enter into a storage
agreement. The Contracting Officer may verify the list upon removal of the items, or if stored, within 45 days from
submission of the list, and shall correct the list, as necessary, before final settlement.
(e) After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer
in the form and with the certification prescribed by the Contracting Officer. The Contractor shall submit the
proposal promptly, but no later than 1 year from the effective date of termination, unless extended in writing by the
Contracting Officer upon written request of the Contractor within this 1-year period. However, if the Contracting
Officer determines that the facts justify it, a termination settlement proposal may be received and acted on after 1
year or any extension. If the Contractor fails to submit the proposal within the time allowed, the Contracting Officer
may determine, on the basis of information available, the amount, if any, due the Contractor because of the
termination and shall pay the amount determined.
(f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer may agree upon the whole or
any part of the amount to be paid or remaining to be paid because of the termination. The amount may include a
reasonable allowance for profit on work done. However, the agreed amount, whether under this paragraph (g) or
paragraph (g) of this clause, exclusive of costs shown in subparagraph (g)(3) of this clause, may not exceed the total
contract price as reduced by (1) the amount of payments previously made and (2) the contract price of work not
terminated. The contract shall be modified, and the Contractor paid the agreed amount. Paragraph (g) of this clause
shall not limit, restrict, or affect the amount that may be agreed upon to be paid under this paragraph.
(g) If the Contractor and the Contracting Officer fail to agree on the whole amount to be paid because of the
termination of work, the Contracting Officer shall pay the Contractor the amounts determined by the Contracting
Officer as follows, but without duplication of any amounts agreed on under paragraph (f) of this clause:
(1) The contract price for completed supplies or services accepted by the Government (or sold or acquired under
subparagraph (b)(9) of this clause) not previously paid for, adjusted for any saving of freight and other charges.
(2) The total of-(i) The costs incurred in the performance of the work terminated, including initial costs and preparatory expense
allocable thereto, but excluding any costs attributable to supplies or services paid or to be paid under subparagraph
(f)(1) of this clause;
(ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly
chargeable to the terminated portion of the contract if not included in subdivision (g)(2)(i) of this clause; and
(iii) A sum, as profit on subdivision (g)(2)(i) of this clause, determined by the Contracting Officer under 49.202 of
the Federal Acquisition Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it
appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting
Officer shall allow no profit under this subdivision (iii) and shall reduce the settlement to reflect the indicated rate
of loss.
(3) The reasonable costs of settlement of the work terminated, including-(i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement
proposals and supporting data;
(ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and
(iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or
disposition of the termination inventory.
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(h) Except for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the
Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the
fair value as determined by the Contracting Officer, for the loss of the Government property.
(i) The cost principles and procedures of Part 31 of the Federal Acquisition Regulation, in effect on the date of this
contract, shall govern all costs claimed, agreed to, or determined under this clause.
(j) The Contractor shall have the right of appeal, under the Disputes clause, from any determination made by the
Contracting Officer under paragraph (e), (g), or (l) of this clause, except that if the Contractor failed to submit the
termination settlement proposal or request for equitable adjustment within the time provided in paragraph (e) or (l),
respectively, and failed to request a time extension, there is no right of appeal.
(k) In arriving at the amount due the Contractor under this clause, there shall be deducted-(1) All unliquidated advance or other payments to the Contractor under the terminated portion of this contract;
(2) Any claim which the Government has against the Contractor under this contract; and
(3) The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the Contractor or
sold under the provisions of this clause and not recovered by or credited to the Government.
(l) If the termination is partial, the Contractor may file a proposal with the Contracting Officer for an equitable
adjustment of the price(s) of the continued portion of the contract. The Contracting Officer shall make any equitable
adjustment agreed upon. Any proposal by the Contractor for an equitable adjustment under this clause shall be
requested within 90 days from the effective date of termination unless extended in writing by the Contracting
Officer.
(m)(1) The Government may, under the terms and conditions it prescribes, make partial payments and payments
against costs incurred by the Contractor for the terminated portion of the contract, if the Contracting Officer
believes the total of these payments will not exceed the amount to which the Contractor will be entitled.
(2) If the total payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the
Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury
under 50 U.S.C. App. 1215(b)(2). Interest shall be computed for the period from the date the excess payment is
received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due
to a reduction in the Contractor's termination settlement proposal because of retention or other disposition of
termination inventory until 10 days after the date of the retention or disposition, or a later date determined by the
Contracting Officer because of the circumstances.
(n) Unless otherwise provided in this contract or by statute, the Contractor shall maintain all records and documents
relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other
evidence bearing on the Contractor's costs and expenses under this contract. The Contractor shall make these
records and documents available to the Government, at the Contractor's office, at all reasonable times, without any
direct charge. If approved by the Contracting Officer, photographs, microphotographs, or other authentic
reproductions may be maintained instead of original records and documents.
(End of clause)
52.249-4
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM)
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(APR 1984)
The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the
Government's interest. If this contract is terminated, the Government shall be liable only for payment under the
payment provisions of this contract for services rendered before the effective date of termination.
(End of clause)
52.249-8
DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
(a)(1) The Government may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the
Contractor, terminate this contract in whole or in part if the Contractor fails to-(i) Deliver the supplies or to perform the services within the time specified in this contract or any extension;
(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) of this clause); or
(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below).
(2) The Government's right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be
exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the
Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.
(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner
the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor
will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall
continue the work not terminated.
(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the
failure to perform the contract arises from causes beyond the control and without the fault or negligence of the
Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in
either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7)
strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be
beyond the control and without the fault or negligence of the Contractor.
(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is
beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the
Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or
services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery
schedule.
(e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver
to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed
supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively
referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for
the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect
and preserve property in its possession in which the Government has an interest.
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(f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and
Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and
for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The
Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to
protect the Government against loss because of outstanding liens or claims of former lien holders.
(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of
the Government.
(h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies
provided by law or under this contract.
(End of clause)
52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis
under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following
principles will be applied to determine allowable equipment costs:
(1) Actual costs for each piece of equipment, or groups of similar serial or series
equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.
(2) If equipment costs have been allocated to a contract using predetermined rates , those charges will be adjusted
to actual costs.
(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.
(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the
provisions of FAR 31.205-11).
(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the
contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.
(End of Clause)
52.253-1
COMPUTER GENERATED FORMS (JAN 1991)
(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition
Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to
the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or
Optional Form number and edition date.
(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form
prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form
provided there is no change to the name, content, or sequence of the data elements on the form and provided the
form carries the agency form number and edition date.
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(c) If the Contractor submits a computer generated version of a form that is different than the required form, then
the rights and obligations of the parties will be determined based on the content of the required form.
(End of clause)
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP

2011)
(a) Definition. Covered DoD official, as used in this clause, means an individual that-(1) Leaves or left DoD service on or after January 28, 2008; and
(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess
of $10 million, and serves or served-(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;
(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code;
or
(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of
Title 37, United States Code; or
(ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager,
procuring contracting officer, administrative contracting officer, source selection authority, member of the source
selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess
of $10 million.
(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the
official leaves DoD service, without first determining that the official has sought and received, or has not received
after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of
post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.
(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of
this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).
(End of clause)
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSECONTRACT-RELATED FELONIES (DEC 2008)
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(1) Arising out of a contract with the DoD means any act in connection with
(i) Attempting to obtain;
(ii) Obtaining, or
(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of
Defense (DoD).
(2) Conviction of fraud or any other felony means any conviction for fraud or a felony in violation of state or
Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which
sentence has been imposed.
(3) Date of conviction means the date judgment was entered against the individual.
(b) Any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract
with the DoD is prohibited from serving-(1) In a management or supervisory capacity on this contract;
(2) On the board of directors of the Contractor;
(3) As a consultant, agent, or representative for the Contractor; or
(4) In any other capacity with the authority to influence, advise, or control the decisions of the Contractor with
regard to this contract.
(c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the date of
conviction.
(d) 10 U.S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 if
convicted of knowingly-(1) Employing a person under a prohibition specified in paragraph (b) of this clause; or
(2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.
(e) In addition to the criminal penalties contained in 10 U.S.C. 2408, the Government may consider other available
remedies, such as
(1) Suspension or debarment;
(2) Cancellation of the contract at no cost to the Government; or
(3) Termination of the contract for default.
(f) The Contractor may submit written requests for waiver of the prohibition in paragraph (b) of this clause to the
Contracting Officer. Requests shall clearly identify
(1) The person involved;
(2) The nature of the conviction and resultant sentence or punishment imposed;
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(3) The reasons for the requested waiver; and
(4) An explanation of why a waiver is in the interest of national security.
(g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and
relationship of the parties, in all first-tier subcontracts exceeding the simplified acquisition threshold in Part 2 of the
Federal Acquisition Regulation, except those for commercial items or components.
(h) Pursuant to 10 U.S.C. 2408(c), defense contractors and subcontractors may obtain information as to whether a
particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by
contacting The Office of Justice Programs, The Denial of Federal Benefits Office, U.S. Department of Justice,
telephone 301-937-1542; www.ojp.usdoj.gov/BJA/grant/DPFC.html''.
(End of clause)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of
contractor employee whistleblower rights and protections under 10 U.S.C. 2409, as described in subpart 203.9 of
the Defense Federal Acquisition Regulation Supplement.
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.
(End of clause)
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

The agency office of the Inspector General referenced in paragraphs (c) and (d) of FAR clause 52.203-13,
Contractor Code of Business Ethics and Conduct, is the DoD Office of Inspector General at the following address:
Department of Defense Office of Inspector General, Investigative Policy and Oversight, Contractor Disclosure
Program, 4800 Mark Center Drive, Suite 11H25, Alexandria, VA 22350-1500.
Toll Free Telephone: 866-429-8011.
(End of clause)
252.204-7000
DISCLOSURE OF INFORMATION (AUG 2013)
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(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information,
regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to
this contract, unless-(1) The Contracting Officer has given prior written approval;
(2) The information is otherwise in the public domain before the date of release; or
(3) The information results from or arises during the performance of a project that has been scoped and negotiated
by the contracting activity with the Contractor and research performer and determined in writing by the Contracting
Officer to be fundamental research in accordance with National Security Decision Directive
189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of
contract award and the USD (AT&L) memoranda on Fundamental Research, dated May 24, 2010, and on
Contracted Fundamental Research, dated June 26, 2008, (available at DFARS PGI 204.4).
(b) Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium
to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least
10 business days before the proposed date for release.
(c) The Contractor agrees to include a similar requirement, including this paragraph (c), in each subcontract under
this
contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the
(End of clause)
252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision
System for Award Management (SAM) database means the primary Government repository for
contractor information required for the conduct of business with the Government.
Commercial and Government Entity (CAGE) code means
(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or
Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and
maintains in the CAGE master file. This type of code is known as an NCAGE code.
Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B) to identify unique business entities.
Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B
plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to
establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts
(see FAR 32.11) for the same parent concern.
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Registered in the System for Award Management (SAM) database means that
(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4
number, and Contractor and Government Entity (CAGE) code into the SAM database; and
(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and
Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to
provide consent for TIN validation to the Government as part of the SAM registration process; and
(4) The Government has marked the record Active.
(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the SAM database prior to award, during performance, and through final payment of any contract,
basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
DUNS or DUNS+4 followed by the DUNS or DUNS+4 number that identifies the offerors name and address
exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number
(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun
and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should
indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
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(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors
who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of Provision)
252.204-7005
ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)
(a) Contractor employees cleared for access to Top Secret (TS), Special Access Program (SAP), or Sensitive
Compartmented Information (SCI) shall attest orally that they will conform to the conditions and responsibilities
imposed by law or regulation on those granted access. Reading aloud the first paragraph of Standard Form 312,
Classified Information Nondisclosure Agreement, in the presence of a person designated by the Contractor for this
purpose, and a witness, will satisfy this requirement. Contractor employees currently cleared for access to TS, SAP,
or SCI may attest orally to their security responsibilities when being briefed into a new program or during their
annual refresher briefing. There is no requirement to retain a separate record of the oral attestation.
(b) If an employee refuses to attest orally to security responsibilities, the Contractor shall deny the employee access
to classified information and shall submit a report to the Contractor's security activity.
(End of clause)
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall-(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
(End of clause)
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252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(DEC 2015)
(a) Definitions. As used in this provision-Controlled technical information, covered contractor information system, and covered defense information defined
in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber
Incident Reporting, shall be implemented for all covered defense information on all covered contractor information
systems that support the performance of this contract.
(c) For covered contractor information systems that are not part of an information technology (IT) service or system
operated on behalf of the Government (see 252.204-7012(b)(1)(ii))-(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by
National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled
Unclassified Information in Nonfederal Information Systems and Organizations'' (see
http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.
(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in
effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall
submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written
explanation of
(A) Why a particular security requirement is not applicable; or
(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a
particular requirement and achieve equivalent protection.
(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171
requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated
into the resulting contract.
(End of provision)
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)
(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into
any subcontract in excess of $35,000 with a firm, or a subsidiary of a firm, that is identified in the Exclusions
section of the System for Award Management System (SAM Exclusions) as being ineligible for the award
of Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state
sponsor of terrorism.
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(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before
entering into a subcontract with a party that is identified, in SAM Exclusions, as being ineligible for the award of
Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state
sponsor of terrorism. The notice must include the name of the proposed subcontractor and the compelling reason(s)
for doing business with the subcontractor notwithstanding its inclusion in SAM Exclusions.
(End of clause)
252.215-7000
PRICING ADJUSTMENTS (DEC 2012)
The term "pricing adjustment," as used in paragraph (a) of the clauses entitled "Price Reduction for Defective
Certified Cost or Pricing Data - Modifications," "Subcontractor Certified Cost or Pricing Data," and "Subcontractor
Certified Cost or Pricing Data - Modifications," means the aggregate increases and/or decreases in cost plus
applicable profits.
(End of clause)
252.217-7003
CHANGES (DEC 1991)
(a) The Contracting Officer may, at any time and without notice to the sureties, by written change order, make
changes within the general scope of any job order issued under the Master Agreement in -(1) Drawings, designs, plans, and specifications;
(2) Work itemized;
(3) Place of performance of the work;
(4) Time of commencement or completion of the work; and
(5) Any other requirement of the job order.
(b) If a change causes an increase or decrease in the cost of, or time required for, performance of the job order,
whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the price or date
of completion, or both, and shall modify the job order in writing.
(1) Within ten days after the Contractor receives notification of the change, the Contractor shall submit to the
Contracting Officer a request for price adjustment, together with a written estimate of the increased cost.
(2) The Contracting Officer may grant an extension of this period if the Contractor requests it within the ten day
period.
(3) If the circumstances justify it, the Contracting Officer may accept and grant a request for equitable adjustment at
any later time prior to final payment under the job order, except that the Contractor may not receive profit on a
payment under a late request.
(c) If the Contractor includes in its claim the cost of property made obsolete or excess as a result of a change, the
Contracting Officer shall have the right to prescribe the manner of disposition of that property.
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(d) Failure to agree to any adjustment shall be a dispute within the meaning of the Disputes clause.
(e) Nothing in this clause shall excuse the Contractor from proceeding with the job order as changed.
(End of clause)
252.222-7002
COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)
(a) The Contractor shall comply with all

(1) Local laws, regulations, and labor union agreements governing work hours; and
(2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions,
fringe benefits, and labor standards or labor contract matters.
(b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the
requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to
the United States Government, any claims or litigation concerning allegations that the Contractor or the United
States Government, or both, have not fully complied with local labor laws or regulations relating to the performance
of work required by this contract.
(c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the
Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and
reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or
written instructions from the Contracting officer.
(End of clause)
252.222-7006
2010)
RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (DEC
(a) Definitions. As used in this clause-Covered subcontractor means any entity that has a subcontract valued in excess of $1 million, except a subcontract
for the acquisition of commercial items, including commercially available off-the-shelf items.
Subcontract means any contract, as defined in Federal Acquisition Regulation subpart 2.1, to furnish supplies or
services for performance of this contract or a higher-tier subcontract thereunder.
(b) The Contractor-(1) Agrees not to-(i) Enter into any agreement with any of its employees or independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to resolve through arbitration-(A) Any claim under title VII of the Civil Rights Act of 1964; or
(B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional
infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or
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(ii) Take any action to enforce any provision of an existing agreement with an employee or independent contractor
that mandates that the employee or independent contractor resolve through arbitration-(A) Any claim under title VII of the Civil Rights Act of 1964; or
(B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional
infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; and
(2) Certifies, by signature of the contract, that it requires each covered subcontractor to agree not to enter into, and
not to take any action to enforce, any provision of any existing agreements, as described in paragraph (b)(1) of this
clause, with respect to any employee or independent contractor performing work
related to such subcontract.
(c) The prohibitions of this clause do not apply with respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced in a court of the United States.
(d) The Secretary of Defense may waive the applicability of the restrictions of paragraph (b) of this clause in
accordance with Defense Federal Acquisition Regulation Supplement 222.7404.
(End of clause)
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS

MATERIALS--BASIC (SEP 2014)
(a) Definitions. As used in this clause-Storage means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material. It does
not include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting
from authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD) items,
equipment, or facilities.
Toxic or hazardous materials means-(i) Materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of CERCLA (42
U.S.C. 9602) (40 CFR Part 302);
(ii) Materials that are of an explosive, flammable, or pyrotechnic nature; or
(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.
(b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited from storing, treating, or disposing of toxic or
hazardous materials not owned by DoD on a DoD installation, except to the extent authorized by a statutory
exception to 10 U.S.C. 2692 or as authorized by the Secretary of Defense. A charge may be assessed for any storage
or disposal authorized under any of the exceptions to 10 U.S.C. 2692. If a charge is to be assessed, then such
assessment shall be identified elsewhere in the contract with payment to the Government on a reimbursable cost
basis.
(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that
require, may require, or permit a subcontractor access to a DoD installation, at any subcontract tier.
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(End of clause)
252.225-7002
QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2012)
(a) Definition. Qualifying country, as used in this clause, means a country with a reciprocal defense procurement
memorandum of understanding or international agreement with the United States in which both countries agree to
remove barriers to purchases of supplies produced in the other country or services performed by sources of the
other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36
of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are
qualifying countries:
Australia
Austria
Belgium
Canada
Czech Republic
Denmark
Egypt
Finland
France
Germany
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Poland
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and Northern Ireland
(b) Subject to the restrictions in section 225.872 of the Defense FAR Supplement, the Contractor shall not preclude
qualifying country sources or U.S. sources from competing for subcontracts under this contract.
(End of clause)
252.225-7004 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND

CANADA--SUBMISSION AFTER AWARD (OCT 2015)
(a) Definition. United States, as used in this provision, means the 50 States, the District of Columbia, and outlying
areas.
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(b) Reporting requirement. The Contractor shall submit a report in accordance with this clause, if the Contractor or a
first-tier subcontractor will perform any part of this contract outside the United States and Canada that-(1) Exceeds $700,000 in value; and
(2) Could be performed inside the United States or Canada.
(c) Submission of reports. The Contractor-(1) Shall submit a report as soon as practical after the information is known;
(2) To the maximum extent practicable, shall submit a report regarding a first-tier subcontractor at least 30 days
before award of the subcontract;
(3) Need not resubmit information submitted with its offer, unless the information changes;
(4) Shall submit all reports to the Contracting Officer; and
(5) Shall submit a copy of each report to: Deputy Director of Defense Procurement and Acquisition Policy (Contract
Policy and International Contracting), OUSD(AT&L) DPAP/CPIC, Washington, DC 20301-3060.
(d) Report format. The Contractor-(1) Shall submit reports using-(i) DD Form 2139, Report of Contract Performance Outside the United States; or
(ii) A computer-generated report that contains all information required by DD Form 2139; and
(2) May obtain copies of DD Form 2139 from the Contracting Officer or via the Internet at
http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.
(End of clause)
252.225-7006 ACQUISITION OF THE AMERICAN FLAG (AUG 2015)

(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying
areas.
(b) If the Contractor is required to deliver under this contract one or more American flags (Product or Service Code
8345), such flag(s), including the materials and components thereof, shall be manufactured in the United States,
consistent with the requirements at 10 U.S.C. 2533a (commonly known as the ``Berry Amendment'').
(c) This clause does not apply to the acquisition of any end items or components related to flying or displaying the
flag (e.g., flagpoles and accessories).
(End of clause)
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252.225-7039 DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE

THE UNITED STATES (JAN 2015)
(a) Requirements. The Contractor shall-(1) Register in the Synchronized Predeployment and Operational Tracker (SPOT)-(i) Weapons to be carried by or available to be used by personnel performing private security functions; and
(ii) Armored vehicles, helicopters, and other vehicles operated by personnel performing private security functions;
and
(2) Comply with ANSI/ASIS PSC.1-2012, American National Standard, Management System for Quality of Private
Security Company Operations--Requirements with Guidance (located at
www.acq.osd.mil/log/PS/p_vault/item_1997-PSC_1_STD.PDF).
(b) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (b), in
subcontracts, including subcontracts for commercial items, when private security functions will be performed
outside the United States in areas of-(1) Contingency operations;
(2) Combat operations, as designated by the Secretary of Defense;
(3) Other significant military operations (as defined in 32 CFR part 159), designated by the Secretary of Defense
upon agreement of the Secretary of State;
(4) Peace operations, consistent with Joint Publication 3-07.3; or
(5) Other military operations or military exercises, when designated by the Combatant Commander.
(End of clause)
252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE

THE UNITED STATES (OCT 2015)
(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.
Contractors authorized to accompany the Force, or CAAF, means contractor personnel, including all tiers of
subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable
operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S.
citizen and third-country national employees not normally residing within the operational area whose area of
performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed
Forces (especially in non-permissive environments). Personnel collocated with
U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some cases, Combatant
Commander subordinate commanders may designate mission-essential host nation or local
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national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as
contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support
of applicable operations within the boundaries and territories of the United States.
Designated operational area means a geographic area designated by the combatant commander or subordinate joint
force commander for the conduct or support of specified military operations.
Designated reception site means the designated place for the reception, staging, integration, and onward movement
of contractors deploying during a contingency. The designated reception site includes assigned joint reception
centers and other Service or private reception sites.
Law of war means that part of international law that regulates the conduct of armed hostilities. The law of war
encompasses all international law for the conduct of hostilities binding on the United States or its individual
citizens, including treaties and international agreements to which the United States is a party, and applicable
customary international law.
Non-CAAF means personnel who are not designated as CAAF, such as local national (LN) employees and non-LN
employees who are permanent residents in the operational area or third-country nationals not
routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in
the operational area) who perform support functions away from the close proximity of, and do not reside with, U.S.
Armed Forces. Government-furnished support to non-CAAF is typically limited to force protection, emergency
medical care, and basic human needs (e.g., bottled water, latrine facilities,
security, and food when necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. NonCAAF status does not apply to contractor personnel in support of applicable operations within the
boundaries and territories of the United States.
Subordinate joint force commander means a sub-unified commander or joint task force commander.
(b) General.
(1) This clause applies to both CAAF and non-CAAF when performing in a designated operational area outside the
United States to support U.S. Armed Forces deployed outside the United States in-(i) Contingency operations;
(ii) Peace operations, consistent with Joint Publication 3-07.3; or
(iii) Other military operations or military exercises, when designated by the Combatant Commander or as directed
by the Secretary of Defense.
(2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in
dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks
associated with required contract performance in such operations.
(3) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection,
Contractor personnel are only authorized to use force for individual self-defense.
(4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law,
inappropriate use of force by contractor personnel supporting the U.S. Armed Forces can subject such personnel to
United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).
(5) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C.
106 note.
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(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) In appropriate cases, the Combatant Commander may provide security through military means, commensurate
with the level of security provided DoD civilians.
(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable
operations. Additionally, non-CAAF employees who are injured while in the vicinity of U.S. Armed Forces will
normally receive emergency medical and dental care. Emergency medical and dental care includes medical care
situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include
examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair
of broken bones, lacerations, infections; and traumatic injuries to the dentition. 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.
(3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated
letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel
to, from, or within the designated operational area. The letter of authorization also will identify any additional
authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract.
Contractor personnel who are issued a letter of
authorization shall carry it with them at all times while deployed.
(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its
personnel engaged in the designated operational area under this contract.
(d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel
supporting 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-(i) United States, host country, and third country national laws;
(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;
(iii) United States regulations, directives, instructions, policies, and procedures; and
(iv) 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.
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(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its
employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause.
(3) The Contractor shall ensure that CAAF and non-CAAF are aware-(i) Of the DoD definition of ``sexual assault'' in DoD Directive 6495.01, Sexual Assault Prevention and Response
Program;
(ii) That many of the offenses addressed by the definition are covered under the Uniform Code of Military Justice
(see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code
of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws;
(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to
the contractor employees (see paragraph (h)(1) of this clause).
(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this
clause, any alleged offenses under
(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors
serving with or accompanying an armed force in the field during a declared war or
contingency operations); or
(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).
(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed
area, before beginning such work, information on the following:
(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.
(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with
an alleged offense described in paragraph (d)(4) of this clause.
(iii) That this section does not create any rights or privileges that are not authorized by law or DoD policy.
(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following
(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;
(ii) Air Force Office of Special Investigations at
http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;
(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;
(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html;
(v) To any command of any supported military element or the command of any base.
(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance
through the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html.
Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement
office.
(8)(i) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces are aware of their
rights to--
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(A) Hold their own identity or immigration documents, such as passport or driver's license, regardless of the
documents' issuing authority;
(B) Receive agreed upon wages on time;
(C) Take lunch and work-breaks;
(D) Elect to terminate employment at any time;
(E) Identify grievances without fear of reprisal;
(F) Have a copy of their employment contract in a language they understand;
(G) Receive wages that are not below the legal host-country minimum wage;
(H) Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and
(I) If housing is provided, live in housing that meets host-country housing and safety standards.
(ii) The Contractor shall post these rights in employee work spaces in English and in any foreign language(s)
spoken by a significant portion of the workforce.
(iii) The Contractor shall enforce the rights of Contractor personnel supporting the U.S. Armed Forces.
(e) Preliminary personnel requirements.
(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specific requirements for
each category will be specified in the statement of work or elsewhere in the contract):
(ii) All CAAF deploying in support of an applicable operation
(A) Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties;
(B) Meet the minimum medical screening requirements, including theater-specific medical qualifications as established by
the geographic Combatant Commander (as posted to the Geographic Combatant Commanders website or other venue);
and
(C) Have received all required immunizations as specified in the contract.
(1) During predeployment processing, the Government will provide, at no cost to the Contractor, any military-specific
immunizations and/or medications not available to the general public.
(2) All other immunizations shall be obtained prior to arrival at the deployment center.
(3) All CAAF and selected non-CAAF, as specified in the statement of work, shall bring to the designated
operational area a copy of the U.S. Centers for Disease Control and Prevention (CDC) Form 731,
International Certificate of Vaccination or Prophylaxis as Approved by the World Health Organization, (also known
as ``shot record'' or ``Yellow Card'') that shows vaccinations are current.
(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a designated
operational area and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the
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deployment center.
(iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearance requirements are in DoD
Directive 4500.54E, DoD Foreign Clearance Program. For this purpose, CAAF are considered non-DoD contactor
personnel traveling under DoD sponsorship.
(v) All deploying personnel have received personal security training. At a minimum, the training shall
(A) Cover safety and security issues facing employees overseas;
(vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction
1300.23, Isolated Personnel Training for DoD Civilian and Contractors.
(vii) Personnel have received law of war training as follows:
(A) Basic training is required for all CAAF. The basic training will be provided through
(1) A military-run training center; or
(2) A web-based source, if specified in the contract or approved by the Contracting Officer.
(B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel
as specified in the contract.
(2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the
host country, that
(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that
would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within
the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of
the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.);
(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is
determined to constitute a war crime when committed by a civilian national of the United States;
(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic,
consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and
(iv) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction of the Uniform Code
of Military Justice under 10 U.S.C. 802(a)(10).
(v) Such employees are required to report offenses alleged to have been committed by or against Contractor
(vi) Such employees will be provided victim and witness protection and assistance.
(f) Processing and departure points. CAAF shall-(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting
Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and
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accountability of Contractor personnel and to ensure that all deployment requirements are met, including the
requirements specified in paragraph (e)(1) of this clause;
(2) Use the point of departure and transportation mode directed by the Contracting Officer; and
(3) Process through a designated reception site (DRS) upon arrival at the deployed location. The DRS will validate
personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief
Contractor personnel on theater-specific policies and procedures.
(g) Personnel data.
(1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system,
to enter and maintain the data for all CAAF and, as designated by USD (AT&L) or the Combatant
Commander, non-CAAF supporting U.S. Armed Forces deployed outside the United States as specified in
paragraph (b)(1) of this clause.
(2) The Contractor shall enter the required information about their contractor personnel prior to deployment and
shall continue to use the SPOT web-based system at https://spot.dmdc.mil
to maintain accurate, up-to-date information throughout the deployment for all Contractor personnel. Changes to
status of individual Contractor personnel relating to their in-theater arrival date and their duty
location, to include closing out the deployment with their proper status (e.g., mission complete, killed, wounded)
shall be annotated within the SPOT database in accordance with the timelines established
in the SPOT Business Rules at http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html.
(h) Contractor personnel.
(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor
personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable
requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its
rights under any other provision of this contract, including the Termination for Default clause.
(2) The Contractor shall identify all personnel who occupy a position designated as mission essential and ensure the
continuity of essential Contractor services during designated operations, unless, after consultation with the
Contracting Officer, Contracting Officer's representative, or local commander, the Contracting Officer directs
withdrawal due to security conditions.
(3) The Contractor shall ensure that Contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause
and any specific Combatant Commander guidance on reporting offenses alleged to have been
committed by or against Contractor personnel to appropriate investigative authorities.
(4) Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access
Card, to appropriate U.S. Government authorities at the end of their deployment (or, for nonCAAF, at the end of their employment under this contract).
(i) Military clothing and protective equipment.
(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the
Combatant Commander. If authorized to wear military clothing, Contractor personnel must
(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel,
consistent with force protection measures; and
(ii) Carry the written authorization with them at all times.
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(2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for
safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.
(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to
ensure the safety and security of Contractor personnel.
(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the
(j) Weapons.
(1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry
weapons for individual self-defense, the request shall be made through the Contracting Officer to the Combatant
Commander, in accordance with DoD Instruction 3020.41, Operational Contractor Support. The Combatant Commander
will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition
will be allowed.
(2) If Contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of this clause, the
Contracting Officer will notify the Contractor what weapons and ammunition are authorized.
(3) The Contractor shall ensure that its personnel who are authorized to carry weapons
(i) Are adequately trained to carry and use them
(A) Safely;
(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and
(ii) Are not barred from possession of a firearm by 18 U.S.C. 922;
(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and
accountability of weapons and ammunition;
(iv) Comply with applicable Combatant Commander and local commander force-protection policies; and
(v) Understand that the inappropriate use of force could subject them to U.S. or host-nation prosecution and civil liability.
(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests
solely with the Contractor and the Contractor employee using such weapon.
(5) Upon redeployment or revocation by the Combatant Commander of the Contractors authorization to issue firearms, the
Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the
(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or
equipment necessary to perform the contract in the designated operational area.
(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the
designated operational area whose function is to determine that certain items are scarce goods or services, the
Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in
accordance with instructions provided by the Contracting Officer.
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(m) Evacuation.
(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will
provide assistance, to the extent available, to United States and third country national Contractor personnel.
(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the
Contractor shall maintain personnel on location sufficient to meet obligations under this contract.
(n) Next of kin notification and personnel recovery.
(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an
employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted.
(2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the Government will assist
in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department
of Defense.
(o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by
the DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD
Instruction 3020.41, Operational Contractor Support.
Officer may, at any time, by written order identified as a change order, make changes in the place of performance or
Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with
this paragraph (p) shall be subject to the provisions of the Changes clause of this contract.
subcontracts when subcontractor personnel are supporting U.S. Armed Forces deployed
outside the United States in-(1) Contingency operations;
(2) Peace operations consistent with Joint Publication 3-07.3; or
(3) Other military operations or military exercises, when designated by the Combatant Commander or as directed by
the Secretary of Defense.
(End of clause)
252.225-7041
CORRESPONDENCE IN ENGLISH (JUNE 1997)
The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is
submitted in English or with an English translation.
(End of clause)
252.225-7043
ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (JUN 2015)
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(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying
areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or
traveling outside the United States under this contract, shall-(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a nontransitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third
country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information
commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and
their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and
subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is-(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT;
telephone, DSN 222-9832 or commercial (703) 692-9832.
(End of clause)
252.227-7022
GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)
The Government shall have unlimited rights, in all drawings, designs, specifications, notes and other works
developed in the performance of this contract, including the right to use same on any other Government design or
construction without additional compensation to the Contractor. The Contractor hereby grants to the Government a
paid-up license throughout the world to all such works to which he may assert or establish any claim under design
patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to
furnish the original or copies of all such works on the request of the Contracting Officer.
(End of clause)
252.228-7003
CAPTURE AND DETENTION (DEC 1991)
(a) As used in this clause -(1) Captured person means any employee of the Contractor who is --
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(i) Assigned to duty outside the United States for the performance of this contract; and
(ii) Found to be missing from his or her place of employment under circumstances that make it appear probable that
the absence is due to the action of the force of any power not allied with the United States in a common military
effort; or
(iii) Known to have been taken prisoner, hostage, or otherwise detained by the force of such power, whether or not
actually engaged in employment at the time of capture; provided, that at the time of capture or detention, the person
was either -(A) Engaged in activity directly arising out of and in the course of employment under this contract; or
(B) Captured in an area where required to be only in order to perform this contract.
(2) A period of detention begins with the day of capture and continues until the captured person is returned to the
place of employment, the United States, or is able to be returned to the jurisdiction of the United States, or until the
person's death is established or legally presumed to have occurred by evidence satisfactory to the Contracting
Officer, whichever occurs first.
(3) United States comprises geographically the 50 states and the District of Columbia.
(4) War Hazards Compensation Act refers to the statute compiled in chapter 12 of title 42, U.S. Code (sections
1701-1717), as amended.
(b) If pursuant to an agreement entered into prior to capture, the Contractor is obligated to pay and has paid
detention benefits to a captured person, or the person's dependents, the Government will reimburse the Contractor
up to an amount equal to the lesser of -(1) Total wage or salary being paid at the time of capture due from the Contractor to the captured person for the
period of detention; or
(2) That amount which would have been payable if the detention had occurred under circumstances covered by the
War Hazards Compensation Act.
(c) The period of detention shall not be considered as time spent in contract performance, and the Government shall
not be obligated to make payment for that time except as provided in this clause.
(d) The obligation of the Government shall apply to the entire period of detention, except that it is subject to the
availability of funds from which payment can be made. The rights and obligations of the parties under this clause
shall survive prior expiration, completion, or termination of this contract.
(e) The Contractor shall not be reimbursed under this clause for payments made if the employees were entitled to
compensation for capture and detention under the War Hazards Compensation Act, as amended.
252.229-7000
INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUNE 1997)
Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or
duties for which relief is available.
(End of clause)
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252.231-7000
SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
When the allowability of costs under this contract is determined in accordance with part 31 of the Federal
Acquisition Regulation (FAR), allowability shall also be determined in accordance with part 231 of the Defense
FAR Supplement, in effect on the date of this contract.
(End of clause)
252.232-7008
ASSIGNMENT OF CLAIMS (OVERSEAS) (JUNE 1997)
(a) No claims for monies due, or to become due, shall be assigned by the Contractor unless
(1) Approved in writing by the Contracting Officer;
(2) Made in accordance with the laws and regulations of the United States of America; and
(3) Permitted by the laws and regulations of the Contractor's country.
(b) In no event shall copies of this contract of any plans, specifications, or other similar documents relating to work
under this contract, if marked Top Secret, Secret, or Confidential be furnished to any assignee of any claim
arising under this contract or to any other person not entitled to receive such documents. However, a copy of any
part or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to
such assignee upon the Contracting Officer's prior written authorization.
(c) Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and
shall not be made to more than one party, except that any such assignment may be made to one party as agent or
trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment
under this contract to which any assignment applies, and for which direct payment thereof is to be made to an
assignee, the Contractor shall
(1) Identify the assignee by name and complete address; and
(2) Acknowledge the validity of the assignment and the right of the named assignee to receive payment in the
amount invoiced or vouchered.
(End of clause)
252.232-7010
LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of
contract payments, up to the amount of tax debt.
(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in
an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in
writing, with a copy to the Administrative Contracting Officer, and shall provide-(1) The total dollar amount of the levy;
(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including
rationale and adequate supporting documentation; and
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(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and
adequate supporting documentation.
(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a
written notification to the Contractor including-(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and
(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect
national security, the total amount of the monies collected that should be returned to the Contractor; or
(ii) If the levy may result in an inability to perform the contract but will not impact national security, a
recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.
(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.
(End of clause)
252.233-7001
CHOICE OF LAW (OVERSEAS) (JUNE 1997)
This contract shall be construed and interpreted in accordance with the substantive laws of the United States of
America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the
jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction
of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for
hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.
(End of clause)
252.235-7003
FREQUENCY AUTHORIZATION (MAR 2014)
(a) The Contractor shall obtain authorization for radio frequencies required in support of this contract.
(b) For any experimental, developmental, or operational equipment for which the appropriate frequency allocation
has not been made, the Contractor shall provide the technical operating characteristics of the proposed
electromagnetic radiating device to the Contracting Officer during the initial planning, experimental, or
developmental phase of contract performance.
(c) The Contracting Officer shall furnish the procedures for obtaining radio frequency authorization.
(d) The Contractor shall include this clause, including this paragraph (d), in all subcontracts requiring the
development, production, construction, testing, or operation of a device for which a radio frequency authorization is
required.
(End of clause)
252.239-7001
2008)
INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION (JAN
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(a) The Contractor shall ensure that personnel accessing information systems have the proper and current
information assurance certification to perform information assurance functions in accordance with DoD 8570.01-M,
Information Assurance Workforce Improvement Program. The Contractor shall meet the applicable information
assurance certification requirements, including-(1) DoD-approved information assurance workforce certifications appropriate for each category and level as listed
in the current version of DoD 8570.01-M; and
(2) Appropriate operating system certification for information assurance technical positions as required by DoD
8570.01-M.
(b) Upon request by the Government, the Contractor shall provide documentation supporting the information
assurance certification status of personnel performing information assurance functions.
(c) Contractor personnel who do not have proper and current certifications shall be denied access to DoD
information systems for the purpose of performing information assurance functions.
(End of clause)
252.243-7001
PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in
FAR part 31 and DFARS part 231, in effect on the date of this contract, apply.
(End of clause)
252.243-7002
REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract
adjustment for which the Contractor believes the Government is liable. The request shall include only costs for
performing the change, and shall not include any costs that already have been reimbursed or that have been
separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance
with applicable acquisition regulations.
(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the
simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an
individual authorized to certify the request on behalf of the Contractor:
I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of
my knowledge and belief.
---------------------------------------------------------------------(Official's Name)
---------------------------------------------------------------------(Title)
(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including--
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(1) Certified cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition
Regulation (FAR); and
(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including
actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.
(d) The certification requirement in paragraph (b) of this clause does not apply to---(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services,
routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or
(2) Final adjustment under an incentive provision of the contract.
252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012)

(a) Definitions. As used in this clause-Government property is defined in the clause at FAR 52.245-1, Government Property.
Loss of Government property means unintended, unforeseen, or accidental loss, damage, or destruction of
Government property that reduces the Government's expected economic benefits of the property. Loss of
Government property does not include purposeful destructive testing, obsolescence, normal wear and tear, or
manufacturing defects. Loss of Government property includes, but is not limited to-1) Items that cannot be found after a reasonable search;
(2) Theft;
(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or
(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical
repair.
Unit acquisition cost means-(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract;
and
(2) For Contractor-acquired property, the cost derived from the Contractor's records that reflect consistently applied,
generally acceptable accounting principles.
(b) Reporting loss of Government property.
(1) The Contractor shall use the Defense Contract Management Agency (DCMA) eTools software application for
reporting loss of Government property. Reporting value shall be at unit acquisition cost. The eTools ``LTDD of
Government Property'' toolset can be accessed from the DCMA home page External Web Access Management
application at http://www.dcma.mil/aboutetools.cfm.
(2) Unless otherwise provided for in this contract, the requirements of paragraph (b)(1) of this clause do not apply to
normal and reasonable inventory adjustments, i.e., losses of low-risk consumable material such as common
hardware, as agreed to by the Contractor and the Government Property Administrator. Such losses are typically a
product of normal process variation. The Contractor shall ensure that its property management system provides
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adequate management control measures, e.g., statistical process controls, as a means of managing such variation.
(3) The Contractor shall report losses of Government property outside normal process variation, e.g., losses due to-(i) Theft;
(ii) Inadequate storage;
(iii) Lack of physical security; or
(iv) `Àcts of God.''
(4) This reporting requirement does not change any liability
provisions or other reporting requirements that may exist under this
contract.
(End of clause)
252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)

(a) The Contractor has indicated by the response to the solicitation provision, Representation of Extent of
Transportation by Sea, that it did not anticipate transporting by sea any supplies. If, however, after the award of this
contract, the Contractor learns that supplies, as defined in the Transportation of Supplies by Sea clause of this
contract, will be transported by sea, the Contractor -(1) Shall notify the Contracting Officer of that fact; and
(2) Hereby agrees to comply with all the terms and conditions of the Transportation of Supplies by Sea clause of
this contract.
(b) The Contractor shall include this clause; including this paragraph (b), revised as necessary to reflect the
relationship of the contracting parties-(1) In all subcontracts under this contract, if this contract is a construction contract; or
(2) If this contract is not a construction contract, in all subcontracts under this contract that are for-(i) Noncommercial items; or
(ii) Commercial items that-(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor
does not add value to items that it subcontracts for f.o.b. destination shipment);
(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in
humanitarian or peacekeeping operations; or
(C) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance
with 10 U.S.C. 2643.
(End of clause)
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Section K - Representations, Certifications and Other Statements of Offerors
252.225-7042
Authorization to Perform
APR 2003
52.203-2
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that -(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition,
any consultation, communication, or agreement with any other offeror or competitor relating to
(i) Those prices,
(ii) The intention to submit an offer, or
(iii) The methods of factors used to calculate the prices offered:
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly,
to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in
the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit
an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory -(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal,
and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1)
through (a)(3) of this provision; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals
have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this
provison ______________________________________________________ (insert full name of person(s) in the
offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her
position in the offeror's organization);
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not
participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs
(a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a
signed statement setting forth in detail the circumstances of the disclosure.
(End of Provision)
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52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)
(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The
terms `àgency,'' `ìnfluencing or attempting to influence,'' `òfficer or employee of an agency,'' ``person,''
``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled
``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation
on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this
provision.
(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no
Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress on its behalf in connection with the awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on
behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB
Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not
report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were
made.
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract
imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to
file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of
not less than $10,000, and not more than $100,000, for each such failure.
(End of provision)
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of
corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal
Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a
Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with
debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A,
and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment
reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the
offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the
contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the
offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment
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reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to
verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
___ TIN:.-------------------------------------------------------___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively
connected with the conduct of a trade or business in the United States and does not have an office or place of
business or a fiscal paying agent in the United States;
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___ Other-------------------------------------------------------(f) Common parent.
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
___ Name and TIN of common parent:
Name------------------------------------------------------------------TIN-------------------------------------------------------------------(End of provision)
52.204-8
ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)
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(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS
code].
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a
construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500
employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of
this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System
for Award Management (SAM), and has completed the Representations and Certifications section of SAM
electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding
individual representations and certifications in the solicitation. The offeror shall indicate which option applies by
checking one of the following boxes:
(
) Paragraph (d) applies.
(
) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications
in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firmfixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This
provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at
52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
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(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the
contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under
any Federal Law. This provision applies to all solicitations.
(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those
in which the place of performance is specified by the Government.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is
specified by the Government.
(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations
when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the
contract will be performed in the United States or its outlying areas.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the
clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for
construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to
solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the
contract is not for acquisition of commercial items.
(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or
specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.
(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the
use of, EPA- designated items.
(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and
III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
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(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at
52.225-5.
(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision
applies to all solicitations.
(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to
IranRepresentation and Certification. This provision applies to all solicitations.
(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision
applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher
educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPADesignated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website
accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies
by submission of the offer that the representations and certifications currently posted electronically that apply to this
solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months,
are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to
the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by
reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change
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by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this offer.
-----------------------------------------------------------------------FAR Clause
Title
Date
Change
----------------------------------------------------------------------------------------------------------------------------------------------------------------------Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications posted on SAM.
(End of provision)
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract
entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts
with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the
procedures at 9.108-4.
(c) Representation. The Offeror represents that-(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-5
CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that(i) The Offeror and/or any of its Principals(A) Are (
) are not (
) presently debarred, suspended, proposed for debarment, or declared ineligible for
the award of contracts by any Federal agency;
(B) Have (
) have not (
), within a three-year period preceding this offer, been convicted of or had a
civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or
State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or
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receiving stolen property (if offeror checks have, the offeror shall also see 52.209-7, if included in this
solicitation); and
(C) Are (
) are not (
) presently indicted for, or otherwise criminally or civilly charged by a
governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have
, have not
, within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not
finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the
liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax
liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection
action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles
the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a
final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer
has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been
issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In
the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had
no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should
the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial
appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making
timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection
action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts
terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having
primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract
award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in
withholding of an award under this solicitation. However, the certification will be considered in connection with a
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determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information
of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course
of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was
placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification,
in addition to other remedies available to the Government, the Contracting Officer may terminate the contract
resulting from this solicitation for default.
(End of provision)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision-Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a
determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This
includes administrative proceedings at the Federal and State level but only in connection with performance of a
Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or
inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinitequantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a
division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.
(c) If the offeror checked has in paragraph (b) of this provision, the offeror represents, by submission of this offer,
that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS)
is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the
award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the
Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.
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(iii) In an administrative proceeding, a finding of fault and liability that results in-(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an
acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision,
whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as
required through maintaining an active registration in the System for Award Management database via
https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.214-16
MINIMUM BID ACCEPTANCE PERIOD (APR 1984)
(a) "Acceptance period," as used in this provision, means the number of calendar days available to the Government
for awarding a contract from the date specified in this solicitation for receipt of bids.
(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this
solicitation.
(c) The Government requires a minimum acceptance period of 30 calendar days.
(d) In the space provided immediately below, bidders may specify a longer acceptance period than the
Government's minimum requirement.
The bidder allows the following acceptance period: _______ calendar days.
(e) A bid allowing less than the Government's minimum acceptance period will be rejected.
(f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in
writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in
paragraph (d) above.
(End of clause)
52.214-35
SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)
Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.
dollars shall be rejected.
(End of provision)
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52.222-22
PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
The offeror represents that -(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause
of this solicitation;
(b) ( ) It has, ( ) has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will
be obtained before subcontract awards.
(End of provision)
52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C.
4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment
Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.
(End of provision)
52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN-CERTIFICATION (AUG 2009)

(a) Definitions. As used in this provision-Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining,
owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal
property, real property, or any other apparatus of business or commerce.
Marginalized populations of Sudan means-(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and
Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.
Restricted business operations means business operations in Sudan that include power production activities, mineral
extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the
Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include
business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment
Act of 2007) conducting the business can demonstrate-(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
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(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of
the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such
authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian
organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
(b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted
business operations in Sudan.
(End of provision)
52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS. (OCT 2015)
(a) Definitions. As used in this provision-Person-(1) Means-(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter,
guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any
governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
Sensitive technology-(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used
specifically-(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the
authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
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(b) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.
(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.7034, by submission of its offer, the offeror
(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to
the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction
of, the government of Iran;
(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for
which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the
areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and
provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain
weapons or technologies; and
(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any
transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates,
the property and interests in property of which are blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List
at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification
requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if
(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.22524, or comparable agency provision); and
(2) The offeror has certified that all the offered products to be supplied are designated country end products or
designated country construction material.
(End of provision)
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are
applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to
all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign
Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be
performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices
and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies
to solicitations with a value expected to exceed the simplified acquisition threshold.
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(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part
in a foreign country.
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-Representations. Applies to solicitations for the acquisition of commercial satellite services.
(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of
Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance
will be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance
will be in Spain.
(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for
direct purchase of ocean transportation services or those with an anticipated value at or below the simplified
acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the
Contracting Officer: [Contracting Officer check as appropriate.]
_x___ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
_x___ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at
https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of
the offer that the representations and certifications currently posted electronically that apply to this solicitation as
indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12
months, are current, accurate, complete, and applicable to this solicitation (including the business size standard
applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in
this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes,
identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete
as of the date of this offer.
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FAR/DFARS Clause #
Title
Date
Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications located in the SAM database.
(End of provision)
252.209-7002
2010)
DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN
(a) Definitions. As used in this provision-(1) Effectively owned or controlled means that a foreign government or any entity controlled by a foreign
government has the power, either directly or indirectly, whether exercised or exercisable, to control the
election, appointment, or tenure of the Offerors officers or a majority of the Offerors board of directors by
any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated
organizations).
(2) Entity controlled by a foreign government
(i) Means
(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government;
or
(B) Any individual acting on behalf of a foreign government.
(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a
foreign government if the ownership of that organization or corporation by that foreign government was effective before
October 23, 1992.
(3) Foreign government includes the state and the government of any country (other than the United States and its
outlying areas) as well as any political subdivision, agency, or instrumentality thereof.
(4) Proscribed information means
(i) Top Secret information;
(ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or
utilized with unclassified keys;
(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;
(iv) Special Access Program (SAP) information; or
(v) Sensitive Compartmented Information (SCI).
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(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a
foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of
Defense or a designee has waived application of 10 U.S.C. 2536(a).
(c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest
constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose
any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable
interest concerning the Offerors immediate parent, intermediate parents, and the ultimate parent. Use separate paper as
needed, and provide the information in the following format:
Offerors Point of Contact for Questions about Disclosure
(Name and Phone Number with Country Code, City Code
and Area Code, as applicable)
Name and Address of Offeror
Name and Address of Entity Controlled by a Foreign
Government
Description of Interest, Ownership Percentage, and

Identification of Foreign Government
(End of provision)
252.247-7022
REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)
(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether
transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the
Transportation of Supplies by Sea clause of this solicitation.
(b) Representation. The Offeror represents that it:
____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract
resulting from this solicitation.
____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or
subcontract resulting from this solicitation.
(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the
Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR
Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.
(End of provision)
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Section L - Instructions, Conditions and Notices to Bidders
INSTRUCTION TO OFFERORS
A. BIDDER INQUIRY
1. Inquiries. Inquiries regarding the solicitation shall be
submitted as follows:
All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and
email inquiries will not be accepted. Bidder Inquiry is a web based program that allows offerors
to post questions regarding the solicitation and view all questions by other offerors and
responses by USACE. Bidder Inquiry can be accessed through ProjNet at
https://www.projnet.org/projnet/.
a. To submit and review bid inquiry items, bidders will need to be a current registered
user or self register into the system. To self-register, go to the aforementioned web page and
click on the BID tab. Select Bidder Inquiry, select agency USACE, enter the Bidder Inquiry Key
for this solicitation listed below, your email address, and then click login. Fill in all required
information and click create user. Verify that information on the next screen is correct and click
continue.
b. From this page, you may view all bidder inquiries or add a new inquiry.
c. Offerors will receive an acknowledgement of their questions via email, followed by an
answer to their questions after it has been processed by our technical team. Amendments will
not be released for the sole purpose of providing answers to questions that are submitted through
ProjNet. Amendments will be released only if answers to questions require changes to this
solicitation.
***Please Note: Offerors shall only submit one question per inquiry. All inquiries containing
multiple questions shall be rejected. The Bidder Inquiry Key is case sensitive.
d. The Solicitation Number is: W912ER-16-R-0010
The Bidder Inquiry Key is: 7976N6-V2Z4SU
2. The Bidder Inquiry System will be unavailable for new inquiries after 13 September 2016 in
order to ensure adequate time is allotted to form an appropriate response to inquiries and amend
the solicitation if necessary.
3. Offerors are requested to review the solicitation package in its entirety, and review the Bidder
Inquiry System for answers to questions prior to submission of a new inquiry.
4. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone
(Chicago) or by appointment for OCONUS. The telephone number for the Call Center is 1-800428-HELP (1-800-428-4357). Email to staff@rcesupport.com.
B. PROPOSAL SUBMISSION
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1. The Government will not make assumptions concerning intent, capabilities, or experiences.
Clear identification of proposal details shall be the sole responsibility of the offeror. The
Government may reject incomplete proposals after initial evaluation without further
consideration. Therefore, the proposal shall meet the following basic requirements:
a. The Proposal shall be typed and submitted in English.
b. Proposal shall be organized, concise and submitted in the volumes and in the order
indicated below. Volumes shall be clearly identified and tabbed. Each factor and sub-factor (if
applicable) shall be described in a separate tabbed section.
c. Offerors shall verify that the information for all forms submitted are current, correct
and complete include names of the points of contact, email address, fax number, and telephone
number.
d. Price Breakdown Worksheet and Bid Schedule shall be completed in full, including
all option items.
e. Failing to submit or completely fill out attachments properly may result in rejection of
the offer without further evaluation. Therefore, offerors are urged to follow instructions and
raise questions through the Bidder Inquiry System, if instructions are not understood.
f. Offerors are cautioned against submitting conditional proposals. All questions and
concerns shall be addressed to the Contracting Officer or his/her point of contract through the
Bidder Inquiry System.
g. The Government will not pay any costs incurred in the preparation and submission of
a proposal, or for any other costs incurred by any firm submitting a proposal in response to this
solicitation.
Proposal Format. Proposals in response to this solicitation shall be submitted in the following
format:
a. Volume I - AISA License, 5 single pages
Volume II Experience Factor, 20 single pages or 10 double sided
Volume III Past Performance, No page limitation
Volume IV - Management and Technical Capability Factor, 20 single sided or 10 double
sided pages
Volume V - Price Factor, No page limitation
b. Page formatting and restrictions: The proposal shall be typed in Times New Roman
font type and font size 12 for text pages. Page size shall be 8.5 x 11 inches for text pages, and a
maximum of 11 x 17 inches for spreadsheets, charts, tables, diagrams, or design drawings; font
type size shall be a minimum of 10 for spreadsheets, charts, tables, diagrams, or design
drawings. Pages larger than 8.5 x 11 inches shall count as two pages for determining page limits.
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Page margins shall be a minimum of one inch at the top, bottom and each side. Pages shall be
numbered sequentially by volume (e.g., Volume I 1, Volume I 2, Volume I 3, etc.).
c. All information must be confined to the appropriate volume. In order to reduce
proposal size, the offeror must confine the proposal to required information sufficient to provide
an adequate basis for evaluation. Offerors are rsponsbile for including sufficient details, in a
concise manner, to permit a complete and accurate evaluation of the proposal. Each volume of
the proposal is expected to contain a table of contents, summary section with brief abstract of the
volume and the narrative discussion. Proprietary information will be clearly marked.
Proposal Submission.
Electronic proposals (facsimile, email, etc) are not authorized. Proposals shall be sent via
FedEx, UPS, DHL or delivered by hand to:
US Army Corps of Engineers Middle East District
Attn: Samantha Adato
W912ER-16-R-0010
201 Prince Frederick Drive
Winchester, VA 22602
Proposals sent by USPS to:
W912ER-16-R-0010
PO Box 2250
It is the responsibility of the offeror to ensure that the proposal is received on or before the
closing date and time of the solicitation.
52.214-16
52.214-35
52.215-1
52.215-22
52.216-1
Minimum Bid Acceptance Period

Submission Of Offers In U.S. Currency
Instructions to Offerors--Competitive Acquisition
Limitations on Pass-Through Charges--Identification of
Subcontract Effort
Type Of Contract
APR 1984
APR 1991
JAN 2004
OCT 2009
APR 1984
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52.233-2
SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served
on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
Abraham Curry at 201 Prince Frederick Drive, Winchester VA 22602.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with
the GAO.
(End of provision)
52.250-4 SAFETY ACT PRE-QUALIFICATION DESIGNATION NOTICE (FEB 2009)

(a) Definitions. As used in this provision-Act of terrorism means any act determined to have met the following requirements or such other requirements as
defined and specified by the Secretary of Homeland Security:
(1) Is unlawful.
(2) Causes harm, including financial harm, to a person, property, or entity, in the United States, or in the case of a
domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on
which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),
in or outside the United States.
(3) Uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass
destruction, injury or other loss to citizens or institutions of the United States.
Pre-qualification designation notice means a notice in a procurement solicitation or other publication by the
Government stating that the technology to be procured either affirmatively or presumptively satisfies the technical
criteria necessary to be deemed a qualified anti-terrorism technology. A pre-qualification designation notice
authorizes offeror(s) to submit streamlined SAFETY Act applications for SAFETY Act designation and receive
expedited processing of those applications.
Block certification means SAFETY Act certification of a technology class that the Department of Homeland
Security (DHS) has determined to be an approved class of approved products for homeland security.
Block designation means SAFETY Act designation of a technology class that the DHS has determined to be a
Qualified Anti-Terrorism Technology (QATT).
Qualified Anti-Terrorism Technology (QATT) means any technology designed, developed, modified, procured, or
sold for the purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such
acts might otherwise cause, for which a SAFETY Act designation has been issued. For purposes of defining a
QATT, technology means any product, equipment, service (including support services), device, or technology
(including information technology) or any combination of the foregoing. Design services, consulting services,
engineering services, software development services, software integration services, threat assessments, vulnerability
studies, and other analyses relevant to homeland security may be deemed a technology.
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SAFETY Act certification means a determination by DHS pursuant to 6 U.S.C. 442(d), as further delineated in 6
CFR 25.9, that a QATT for which a SAFETY Act designation has been issued is an approved product for homeland
security, i.e., it will perform as intended, conforms to the seller's specifications, and is safe for use as intended.
SAFETY Act designation means a determination by DHS pursuant to 6 U.S.C. 441(b) and 6 U.S.C. 443(a), as
further delineated in 6 CFR 25.4, that a particular Anti-Terrorism Technology constitutes a QATT under the
SAFETY Act.
(b) The Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act), 6 U.S.C. 441-444,
creates certain liability limitations for claims arising out of, relating to, or resulting from an act of terrorism where
QATTs have been deployed. It also confers other important benefits. SAFETY Act designation and SAFETY Act
certification are designed to support effective technologies aimed at preventing, detecting, identifying, or deterring
acts of terrorism, or limiting the harm that such acts might otherwise cause, and which also meet other prescribed
criteria.
(c)(1) DHS has issued a SAFETY Act pre-qualification designation notice for the technology to be acquired under
this solicitation.
(2) This notice is attached to this solicitation and contains essential information, including-(i) A detailed description of and specification for the technology covered by the notice;
(ii) A statement that the technology described and specified in the notice satisfies the technical criteria to be deemed
a QATT and the offeror's proposed technology either may presumptively or will qualify for the issuance of a
designation provided the offeror complies with terms and conditions in the notice and its application is approved;
(iii) The period of time within which DHS will take action upon submission of a SAFETY Act application
submitted pursuant to the notice;
(iv) A listing of those portions of the application that must be completed and submitted by selected awardees and
the time periods for such submissions;
(v) The date of expiration of the notice; and
(vi) Any other terms and conditions concerning the notice.
(3) Offerors should read this notice carefully to make sure they comply with the terms of the notice if they plan on
taking advantage of SAFETY Act coverage for their technologies.
(d) All determinations by DHS are based on factors set forth in the SAFETY Act and its implementing regulations.
A determination by DHS to issue a SAFETY Act designation, or not to issue a SAFETY Act designation for a
particular Technology as a QATT is not a determination that the Technology meets, or fails to meet, the
requirements of any solicitation issued by any Federal, State, local or tribal governments. Determinations by DHS
with respect to whether to issue a SAFETY Act designation for Technologies submitted for DHS review are based
on the factors identified in 6 CFR 25.4(b).
(e) Neither SAFETY Act designation nor certification is in any way a requirement of this action. Whether to seek
the benefits of the SAFETY Act for a proposed product or service is entirely up to the offeror. Additional
information about the SAFETY Act may be found at the SAFETY Act website at http://www.SAFETYAct.gov.
(f) Proposals in which pricing or any other terms or conditions are offered contingent upon SAFETY Act
designation or certification of the proposed product(s) or service(s) will not be considered for award.
(End of provision)
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Section M - Evaluation Factors for Award
SECTION M
A. BASIS FOR AWARD

The Government will award this contract to the offeror that provides the lowest priced,
technically acceptable proposal. Proposals will be evaluated to determine whether the offerors
proposal meets all the solicitation requirements. An award will be made to the lowest priced
offer presented by a responsible offeror whose offer conforms to all the solicitation
requirements, and is determined to be technically acceptable.
To be considered for award, an offeror must satisfy all the requirements described in the
evaluation criteria, as well as all other solicitation requirements. All Non Price Factors will be
evaluated on an Acceptable/Unacceptable basis. All Non Price Factors I, II, III and IV must
receive an evaluation of Acceptable in order for a proposal to be considered technically
acceptable.
B. FACTORS AND TO BE EVALUATED
The following evaluation factors will be used to evaluate each proposal. Award will be made to
the offeror whose proposal is lowest price, technically acceptable based upon an assessment of
the evaluation factors described below.
Factor I: AISA License
Factor II: Experience
Factor III: Past Performance
Factor IV: Management and Technical Capability
Factor V: Price
FACTOR I: AISA LICENSE
The Offeror shall provide a copy of its current, valid, signed and approved Afghanistan
Investment Support Agency (AISA) License. The name of the entity on the AISA license must
match the name of the Offeror on its proposal. In the event of a Joint Venture, the AISA License
must be in the name of the Joint Venture. To be considered for award, the license must have a
date that is current and valid through the projected time of contract award.
Offerors shall submit a copy of their AISA License, not to exceed 5 pages in length. NOTE:
Pages that exceed the required page limitation will not be evaluated. Additional pages will be
removed from the back of the proposal, and will not be evaluated by the Government.
EVALUATION APPROACH FOR FACTOR I: AISA License
The offeror will show that it has have a valid AISA license by providing a copy of the license
with its proposal. Production of a verifiable copy of a valid AISA license will entitle offerors to a
rating of Acceptable for this factor. To be considered for award, a rating of no less than
Acceptable must be achieved for the AISA license factor.
ADJECTIVAL RATINGS AND DEFINITIONS FOR FACTOR I: AISA
Factor I, AISA License
ADJECTIVE RATING
ACCEPTABLE
UNACCEPTABLE
DEFINITIONS
Proposal meets the minimum requirements of
the solicitation.
Proposal does not meet the minimum
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requirements of the solicitation.

FACTOR II: EXPERIENCE
The Offeror shall provide documentation identifying no less than two contracts but no more than
five contracts involving a variety of services that are similar to the types of services
contemplated by this solicitation as described in the performance work statement (PWS) that
have been performed by the Offeror within the last five years either as a prime or subcontractor.
The experience submission shall show that the offeror has performed each of the following
functions: project and program management, contract administration, project engineering,
quality assurance and administrative functions. At least two of the contracts shall be valued at
$15 million or more and at least one of the two contracts shall have been performed in the
CENTCOM Area of Responsibility (AOR). If an Offeror is a joint venture or partnership, then it
shall explain in detail how the Experience Factor is met in the aggregate through the
contributions of all members of the joint venture or partnership. The experience submittal shall
include explanation of the services rendered on the identified contracts, including how those
services were same or similar in nature, size, and complexity to the work specified in this
solicitation. At least two of the contracts identified should include those where the offeror selfperformed a minimum of 50% of the work. Contractor organizations that have not performed at
least two relevant contracts in the last five years valued at $15 million or more each (one of
which must have been performed in the CENTCOM AOR), or who fail to provide adequate
explanation of the similarity of services rendered to those identified in the PWS for this contract,
will be given an unacceptable rating. There is a 20 single pages or 10 double sided pages limit
on this factor.
Contracts with any organization, government or commercial, may be included if the Offeror
concludes that the work was similar to that in this solicitation, and provides adequate description
of that similarity. Federal Government contracts are of primary interest, but contracts with state
and local governments and commercial contracts may be included. This list shall demonstrate the
principal type of work performed and shall include the following information:
Contract number, dates the contract was started and date of completion or current
progress percentage completed
Description of services of the prime contract
Whether performed as a Prime or Subcontractor
The percentage of work performed directly by the contractor
Contract type
Location(s) of the services provided
Description of the Offerors role and activities during the provision of services
Technical or other challenges associated with provision of the services and what the
Offeror did to overcome the challenges
Description of whether or not the contract was completed in accordance with the terms
(schedule, quality, and budget)
If the Offeror was a prime contractor on the contract, a listing of all subcontractors used
on each contract and the percentage of the subcontractors involvement. If the
experience was accomplished as a subcontractor, then the Offeror shall indicate the
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percentage of the contract performed and the service or work actually performed by the
Offeror
Dollar value of the prime contract
Dollar value of work actually performed by the prime or subcontractor or joint venture
member
Point of contact (POC) information for the contract work presented shall be provided,
including names of knowledgeable client or customer representatives, with email or
facsimile numbers provided. If the provided information is incorrect when verified with
the POC, that is grounds for a rating of unacceptable. Information that cannot be
independently verified through a POC, or through existing TAM performance
information such as PPIRS or CPARS, may be ruled ineligible for consideration under
this factor by the Contracting Officer.
EVALUATION APPROACH FOR FACTOR II: EXPERIENCE

Proposals will be evaluated to determine experience of the offerors team for relevant types of
projects. It should be presented in as much detail as practicable within the page limits. It is
incumbent upon the Offeror to explain the relevance of the data provided. The Government will
not search for data to cure problems it finds in proposals. The burden of providing thorough and
complete experience information remains with the Offeror. Proposals that do not contain the
required information will risk an Unacceptable rating by the Government. Contractor
organizations that have not self-performed a minimum of 50% of the work of at least two
relevant contracts in the last five years valued at $15 million or more each (one of which must
have been performed in the CENTCOM AOR) or who fail to provide adequate explanation of
the similarity of services rendered to those identified in the PWS for this contract, will be given
an unacceptable rating.
ADJECTIVAL RATINGS AND DEFINITIONS FOR FACTOR II: EXPERIENCE
Factor II, Experience
ADJECTIVE RATING
DEFINITIONS
ACCEPTABLE
UNACCEPTABLE

the solicitation.
FACTOR III: PAST PERFORMANCE

The Government will evaluate each offerors record of past and current performance to ascertain
the probability of successfully performing the required efforts of the solicitation. There is no
page limitation on past performance.
a. Evaluation of past performance shall be in accordance with this plan utilizing the forms and
questionnaires set forth herein.
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b. The Government will focus its inquiries on the offerors (and major subcontractors) record of
performance as it relates to all solicitation requirements, including cost, schedule, performance
and management of subcontractors.
c. The Government may consider a wide array of information from a variety of sources, but is
not compelled to rely on all of the information available.
d. In the case of an Offeror without a record of relevant past performance or for whom
information on past performance is not available, or so sparse that no meaningful past
performance rating can be assigned, the Offerors past performance is rated as unknown
(neutral) having no favorable or unfavorable impact on the evaluation. In the context of
acceptability/non-acceptability, unknown shall be considered acceptable for this factor.
The Past Performance Questionnaire (PPQ) included in the solicitation is provided for the
Offeror or its team members to submit to the client for each project the Offeror includes in its
proposal for each of the projects submitted for Factor II. The offeror should include the
performance rating by the owner on the form, if the Offeror was rated. Offerors shall not
incorporate by reference into their proposal PPQs previously submitted for other RFPs.
However, this does not preclude the Government from utilizing previously submitted PPQ
information in the past performance evaluation.
A PPQ or DD Form 2626 Contractor Performance Assessment Report shall be submitted for
each project. If offerors are unable to obtain a completed PPQ for a project, they must at a
minimum complete the client contact information on the first page of the PPQ to allow the
Government the ability to attempt to contact the client should they so choose. Owners/references
may be asked to comment on items such as management of the work, subcontractor
management, including timely payment to sub-contractors or suppliers, safety, relations between
owner and contractor, level of support for such things as as-built documentation, O&M manuals,
training, correcting design or construction errors, warranty work, etc. The Government will
target areas covered in the requirements of this proposal including records of conformance to
quality, schedule, cost control, customer satisfaction, level of support for such things as as-built
documentation, O&M manuals, training, problem resolution for design or construction, warranty
work, and safety. The Government will not release the Interview Forms to the Offeror at any
time, in order for the Government to solicit candid, unbiased interview comments.
The offeror should not submit other past performance information, including awards, customer
letters of commendation, and any other forms of performance recognition, as they will not be
evaluated. In addition to the above, the Government may review any other sources of
information for evaluating current and past performance. Other sources may include, but are not
limited to, past performance information retrieved through the Past Performance Information
Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System
(CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming
arrangement, or parent company/subsidiary/affiliate) identified in the offerors proposal,
inquiries of owner representative(s), Federal Awardee Performance and Integrity Information
System (FAPIIS), Electronic Subcontract Reporting System (eSRS), the offerors Dun &
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Bradstreet Report, Joint Contingency Contracting System (JCCS), and any other known sources
not provided by the offeror. The Government reserves the right to contact government field
representatives, or any sources they deem appropriate.
While the Government may elect to consider data from other sources, the burden of providing
detailed, current, accurate and complete current and past performance information rests with the
Offeror.
If an Offeror is a joint venture or partnership, information should be presented for each partner in
the joint venture or partnership. Although the Government prefers all members of a joint venture
or partnership to have satisfied or excelled in all the above-indicated areas pertaining to their
past performance, the Government will consider the complementary aspects of the separate
participants in a joint venture or partnership, by evaluating the joint venture or partnership as a
whole.
The offeror must provide proof of registration in the Joint Contingency Contracting System
(JCCS) and must provide the JCCS ID number for the Offeror and any subcontractor. The
Contract Specialist will search the JCCS database using the JCCS Company ID number supplied
by the vendor to determine eligibility. If an offeror is not registered in JCCS they will be
ineligible for award. Use of a subcontractor who is not registered in JCCS is not permitted.
Information on JCCS registration is available at: https://www.jccs.gov/.
The criteria for recent and relevancy will come from the information provided by the Contractor
below:
Contract number, dates the contract was started and date of completion or current
progress percentage completed
Description of services of the prime contract
Whether performed as a Prime or Subcontractor
The percentage of work performed directly by the contractor
Contract type
Location(s) of the services provided
Description of the Offerors role and activities during the provision of services
Technical or other challenges associated with provision of the services and what the
Offeror did to overcome the challenges
Description of whether or not the contract was completed in accordance with the terms
(schedule, quality, and budget)
If the Offeror was a prime contractor on the contract, a listing of all subcontractors used
on each contract and the percentage of the subcontractors involvement. If the
experience was accomplished as a subcontractor, then the Offeror shall indicate the
percentage of the contract performed and the service or work actually performed by the
Offeror
Dollar value of the prime contract
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Dollar value of work actually performed by the prime or subcontractor or joint venture
member
EVALUATION APPROACH FOR FACTOR III, PAST PERFORMANCE

Recency and relevancy will be determined by self-performance of at least 50% of two relevant
contracts in the last five years valued at $15 million or more each (one of which must have been
performed in the CENTCOM AOR). The past performance evaluation will allow the
government to determine how well the offeror performed on prior contracts. The past
performance evaluation performed in support of a current source selection does not establish,
create or change the existing record and history of the offerors past performance on past
contracts; rather, the past performance evaluation process gathers information on how well the
offeror performed.
To be considered acceptable for this factor, an offeror must be rated satisfactory or above on all
recent and relevant contracts.
Completed Past Performance Questionnaires should be submitted with your proposal. Offerors
should follow-up with clients/references to ensure timely submittal of questionnaires. If the
client requests, questionnaires may be submitted directly to the Governments point of contact,
Ms. Samantha Adato at Samantha.adato@usace.army.mil prior to the proposal closing date.
The combination of relevancy and recency, and performance documented by the information
collected by the Government, will result in one of the following ratings:
PAST PERFORMANCE RATINGS
RATING
Acceptable
Unacceptable
DESCRIPTION
Based on the offerors performance record,
the Government has a reasonable
expectation that the offeror will successfully
perform the required effort, or the
offerors performance record is unknown (See
note below.).
Based on the offerors performance record,
the Government does not have a reasonable
expectation that the offeror will be able to
successfully perform the required effort.
Note: In the case of an offeror without a record of relevant past performance or for whom
information on past performance is not available or so sparse that no meaningful past
performance rating can be reasonable assigned, the offeror will not be evaluated favorably or
unfavorably on past performance. Therefore, the offeror shall be determined to have unknown
past performance and in the context of acceptability/unacceptability, unknown shall be
considered acceptable.
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ATTACHMENT A
USACE PAST PERFORMANCE QUESTIONNAIRE (PPQ)
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ATTACHMENT B
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FACTOR IV: MANAGEMENT AND TECHNICAL CAPABILITY

In order for the Offerors management and technical approach proposal to be strictly evaluated
on the merit of the material submitted, no contractual pricing information shall be included in
this factor. If pricing information is included in this factor, then the proposal will be deemed
materially deficient and will not be eligible for award unless the Contracting Officer determines
that discussions will be held with eligible Offerors. This factor is limited to 20 single-sided or
10 double-sided pages.
Management and Technical volume shall be precise, factual, complete and descriptive in
sufficient detail to allow the Government to evaluate the Offerors proposed approach and
qualifications to perform the required services. The management and technical evaluation factor
is provided in Section M.
The Management and Technical Capability shall be specific, detailed, and complete to clearly
demonstrate that the Offeror has a thorough understanding of the requirement. Statements that
the Offeror understands, can or shall comply with the PWS (including referenced publications,
technical data, etc.); statements paraphrasing the PWS or parts thereof (including applicable
publications, technical data, etc.); and phrases such as standard procedures will be employed
or well known techniques will be used, etc., will be considered unacceptable. Only data
submitted with this proposal will be considered by the Government.
The management discussion section of the Management Technical Capability proposal shall
consist of the following element and shall provide a response to each item.
Offerors shall include the following in its Management and Technical Approach:
The Offeror shall provide the organizational structure of the
Offerors proposed team, to include the proposed prime contractor, joint
venture, and major subcontractors, for this contract as outlined in the five
subparagraphs listed below.
o A diagrammed Organizational Chart shall be provided, which indicates how
this organization fits into the Offerors overall corporate structure and how
they will interact with their subcontractors and with USACE.
o The Offeror shall provide signed Letter(s) of Commitment from major
subcontractors, subcontracted key personnel and the Offerors key personnel
who are proposed to work on this contract that, in the event of an award to the
Offeror, such entity/individual is firmly committed to performance on the
contract. Offerors shall not include any qualifications to this commitment,
such as a statement that the parties are still negotiating the terms of their
agreement.
o The Offeror shall provide a technical approach to the PWS requirements to
convincingly demonstrate that the Offeror fully understands the methodology
and scope of services outlined in the solicitation. The Offeror shall describe
the manner in which the Offeror proposes meeting all the requirements of the
PWS. The technical approach shall be specific, detailed, and complete to
clearly demonstrate that the Offeror has a thorough understanding of all the
requirements. Statements that the Offeror understands, can or will comply
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with the PWS (including referenced publications, technical data, etc.);

statements paraphrasing the PWS or parts thereof (including applicable
publications, technical data, etc.); and phrases such as standard procedures
will be employed or well known techniques will be used, etc., will be
considered unacceptable. Only data submitted with this proposal shall be
considered by the Government.
o The Offeror shall describe in clear detail how it intends to recruit, hire and
train contractor personnel in accordance with PWS paragraph 7.0.
o The Offeror shall also demonstrate its capability to perform multiple
concurrent services in various, geographically dispersed locations in the same
country within the CENTCOM AOR.
EVALUATION APPROACH FOR FACTOR IV: MANAGEMENT AND TECHNICAL
CAPABILITY
Proposals will be evaluated to determine experience of the offerors team for relevant types of
projects. It should be presented in as much detail as practicable within the page limits. It is
incumbent upon the Offeror to explain the relevance of the data provided. The Government will
not search for data to cure problems it finds in proposals. The burden of providing thorough
complete management and technical capability information remains with the Offeror. Proposals
that do not contain the required information identified above will risk an Unacceptable rating
by the Government.
ADJECTIVAL RATINGS AND DEFINITIONS FOR FACTOR IV: Management and
Technical Capability
Factor IV, Management and Technical Capability
ADJECTIVE RATING
DEFINITIONS
ACCEPTABLE
UNACCEPTABLE

the solicitation.
FACTOR V: PRICE
Only firm-fixed price proposals will be considered. Other types of offers, or offers that are
conditional in nature, will not be considered for the contract award unless corrected by means of
discussion or some other authorized means. Price Offers will not be numerically scored or
assigned an adjective rating to the price factor of completeness or reasonableness. The
Government will seek to identify performance risks and weaknesses associated with the
proposed price offers, to include unbalanced prices. This section does not have a page limit.
Completeness is the degree to which an Offeror has priced all aspects of the work to be
performed as defined by the Performance Work Statements, Section B and Price Breakdown
Worksheet. Failure to address significant portions of the non-pricing proposal in the price
proposal may constitute an incomplete price submission and may result in rejection of the
proposal.
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Reasonableness is determined by comparing an Offerors proposed prices as provided on the

Price Breakdown Worksheet against the Governments estimated prices as contained within the
Independent Government Estimate (IGE) (or if applicable, the revised government estimate
(RGE)) or by comparison with the prices proposed by other Offerors or other fair market prices.
(A revision to an IGE after the receipt and opening of price proposals constitutes its
reclassification as a RGE. At that point in time, the independence of a revised IGE is lost.) To
the degree that the prices proposed by the various Offerors merit such action, those proposed
prices, or portions of them, may be determined suitable for determining the market price of the
solicitation project or portions thereof.
EVALUATION APPROACH FOR FACTOR V: PRICE
Price shall include the following documents (in the order listed):
Standard Form 33 (Solicitation, Offer and Award Cover Sheet) Offeror
shall complete boxes 12-18 of the SF33 and submit as the first page of
Factor V. The acceptance period entered in box 12 of SF33 by the Offeror
shall be 120 calendar days from the date specified in the solicitation.
Include Offerors DUNS Number and CAGE Code to Block 15. The
person signing the SF33 must have the authority to commit the Offeror to
all of the provisions of the proposal, fully recognizing that the
Government has the right, by terms of the solicitation, to make an award
without further discussion if it so elects.
Cost/ Price Factor Evaluation Ratings. Cost/Price, while being an
important factor, is not in and of itself the determining factor in the
selection of the successful offeror for award of the contract contemplated
by this solicitation. Cost/Price is not scored; rather, each offeror's cost will
be evaluated for realism, reasonableness, and completeness of the
proposed contract cost.
Realism. The Government will evaluate the realism of proposed cost/price by assessing the
compatibility of proposed cost/price with proposal scope and effort. For the cost to be realistic, it
must reflect what it would cost the offeror to perform the effort, if performed with reasonable
economy and efficiency. Cost realism evaluation includes a review of the overall costs in the
offeror's proposal to determine:
If costs are realistic for the work proposed;
If costs reflect a clear understanding of the requirements;
Reasonableness. The Government will evaluate the reasonableness of
proposed cost/price for the option periods by assessing the acceptability of
the offeror's methodology used in developing the cost/price estimates. For
the cost to be reasonable in its nature and amount, it should not exceed
that which would be incurred by a prudent person in the conduct of a
competitive business. Reasonableness takes into account the context of a
given source selection, including current market conditions and other
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factors that affect the ability of an offeror to perform the contract

requirements.
Completeness. Cost/price proposals shall be evaluated for completeness
by assessing the responsiveness of the proposed cost/price, by assessing
the level of detail of the offeror-provided cost data for all requirements in
the PWS and assessing the traceability of estimates. For the cost data to be
complete, the offeror, or its subcontractors, must provide all the data
necessary to support the offer. The amount of data needed may vary
depending on the requirements.
The Offeror shall provide a Basis of Estimate (BOE) to support the Firm
Fixed CLIN/SLIN pricing. The Offeror shall provide a narrative after the
BOE that identifies each cost component with its associated value for the
Cost Reimbursement CLIN/SLIN.
Bid Schedule, to include the Price Breakdown Worksheet (PBW). The
Bid Schedule pricing shall equal the pricing on the PBW. Offerors
proposal and supporting BOE/narrative shall be provided in hard copy and
CD ROM using Excel file formats. If variation in content between the
paper copy and the electronic copy is noted, the paper copy shall be
considered the submitted proposal. The Offeror shall not alter the
Government provided proposal file formats and shall provide the
completed worksheet in live Excel format. Offerors may provide live
Excel spreadsheets to support the proposed pricing in the PBW and/or
BOE/narrative should the Offeror elect to do so.
Representations, Certifications and Other Statements of Offerors

Provide the completed Section K. The Offerors ORCA record may be
provided, but it is the Offerors responsibility to ensure that all of the
items listed under Section K are submitted with its proposal.
Joint Venture/Teaming Agreements/Mentor-Protg Agreements and
approvals (if applicable)
Financial Capability In accordance with FAR 9.103(a) contracts
shall be awarded to, responsible prospective contractors only. To be
determined responsible, a prospective contractor must meet the standards
at FAR 9.104. FAR 9.104(a) requires that a prospective contractor must
have adequate financial resources to perform the contract, or the ability to
obtain them. As an aid in assessing responsibility, Offerors shall be
required to provide the following information:
o Proof of Financial Capability and Stability - Offerors, including team members, are
required to submit copies of their most recent annual reports or SEC 10K form (if
applicable), three (3) years of audited financial statements (balance sheet, income
statement, and cash flow statement with auditor opinion), information and supporting
documentation of lines or credit or guarantees from parent company, recent copies of
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Dun and Bradstreet (D&B)/Standard & Poors (S&P) reports (if applicable), the number
of years the firm has been in business, a copy of the firms current credit report(s) and the
name, address, and telephone numbers of two credit/trade references.
Bankruptcy - Offeror shall include a statement in its pricing proposal as to whether the
Offeror is in Bankruptcy proceedings or not, or is about to undergo bankruptcy
proceedings. Offeror shall disclose any other information which could reasonably call
into question the responsibility of the Offeror to perform this contract.
A list of present commitments, including the dollar value thereof, and the name of the
organization under which the work is being performed. Include names and telephone
numbers of personnel within each organization who are familiar with the prospective
contractors performance.
A self-certified statement listing; (1) each contract awarded within the preceding twelve
month period exceeding $5,000,000.00 in value with a brief description of the contract;
and (2) each contract awarded within the preceding three-year period
If the price is not complete and reasonable that is grounds to remove an offeror from the
competition, even if they are the lowest offeror.
Proposal Submission Requirements.

1. The Government will not make assumptions concerning intent, capabilities, or experiences.
Clear identification of proposal details shall be the sole responsibility of the offeror. The
Government may reject incomplete proposals after initial evaluation without further
consideration. Therefore, the proposal shall meet the following basic requirements:
a. The Proposal shall be typed and submitted in English.
b. Proposal shall be organized, concise and submitted in the volumes and in the order
indicated below. Volumes shall be clearly identified and tabbed. Each factor and sub-factor (if
applicable) shall be described in a separate tabbed section.
c. Proposals must be sent in five separate volumes. Each volume shall be contained
within a separate binder. Each volume shall be identified by the solicitation number, volume
number, and name, address, and telephone number of the prime offeror on the binder cover.
Each volume shall contain a Table of Contents and include at the bottom left side of each page
the volume and page number. Do not assume that because you have had similar awards with the
Federal Government, that the reviewer knows of your performance under such agreements and
that assumptions will be made regarding your proposal based on that knowledge. Any proposals
received in response to this solicitation will be reviewed strictly as submitted in accordance with
the proposal submittal instructions in Section L and the evaluation criteria specified in Section
M. Proprietary information shall be clearly marked.
d. Offerors shall verify that the information for all forms submitted are current, correct
and complete include names of the points of contact, email address, fax number, and telephone
number.
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e. Price Breakdown Worksheet and Bid Schedule shall be completed in full, including all
option items.
f. Failing to submit or completely fill out attachments properly may result in rejection of
the offer without further evaluation. Therefore, offerors are urged to follow instructions and
raise questions through the Bidder Inquiry System, if instructions are not understood.
g. Offerors are cautioned against submitting conditional proposals. All questions and
concerns shall be addressed to the Contracting Officer or his/her point of contract through the
Bidder Inquiry System.
h. The Government will not pay any costs incurred in the preparation and submission of
a proposal, or for any other costs incurred by any firm submitting a proposal in response to this
solicitation.
Proposal Format. Proposals in response to this solicitation shall be submitted in the following
format:
Volume I AISA License, 5 single pages
Volume II Experience Factor, 20 single pages or 10 double sided
Volume III Past Performance, No page limitation
Volume IV - Management and Technical Capability Factor, 20 single sided or 10 double
sided pages
Volume V - Price Factor, No page limitation
b. Page formatting and restrictions: The proposal shall be typed in Times New Roman
font type and font size 12 for text pages. Page size shall be 8.5 x 11 inches for text pages, and a
maximum of 11 x 17 inches for spreadsheets, charts, tables, diagrams, or design drawings; font
type size shall be a minimum of 10 for spreadsheets, charts, tables, diagrams, or design
drawings. Pages larger than 8.5 x 11 inches shall count as two pages for determining page limits.
Page margins shall be a minimum of one inch at the top, bottom and each side. Pages shall be
numbered sequentially by volume (e.g., Volume I 1, Volume I 2, Volume I 3, etc.).
Proposal Submission.
Electronic proposals (facsimile, email, etc) are not authorized. Proposals shall be sent via
FedEx, UPS, DHL or delivered by hand to:
W912ER-16-R-0010
201 Prince Frederick Drive
Proposals sent by USPS to:
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W912ER-16-R-0010
PO Box 2250
It is the responsibility of the offeror to ensure that the proposal is received on or before the
closing date and time of the solicitation.
Inquiries. Inquiries regarding the solicitation shall be submitted as follows:
All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and
email inquiries will not be accepted. Bidder Inquiry is a web based program that allows offerors
to post questions regarding the solicitation and view all questions by other offerors and
responses by USACE. Bidder Inquiry can be accessed through ProjNet at
https://www.projnet.org/projnet/.
a. To submit and review bid inquiry items, bidders will need to be a current registered
user or self register into the system. To self-register, go to the aforementioned web page and
click on the BID tab. Select Bidder Inquiry, select agency USACE, enter the Bidder Inquiry Key
for this solicitation listed below, your email address, and then click login. Fill in all required
information and click create user. Verify that information on the next screen is correct and click
continue.
b. From this page, you may view all bidder inquiries or add a new inquiry.
c. Offerors will receive an acknowledgement of their questions via email, followed by an
answer to their questions after it has been processed by our technical team. Amendments will
not be released for the sole purpose of providing answers to questions that are submitted through
ProjNet. Amendments will be released only if answers to questions require changes to this
solicitation.
***Please Note: Offerors shall only submit one question per inquiry. All inquiries containing
multiple questions shall be rejected. The Bidder Inquiry Key is case sensitive.
d. The Solicitation Number is: W912ER-16-R-0010
The Bidder Inquiry Key is: 7976N6-V2Z4SU
2. The Bidder Inquiry System will be unavailable for new inquiries after TBD in order to ensure
adequate time is allotted to form an appropriate response to inquiries and amend the solicitation
if necessary.
3. Offerors are requested to review the solicitation package in its entirety, and review the Bidder
Inquiry System for answers to questions prior to submission of a new inquiry.
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4. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone
(Chicago) or by appointment for OCONUS. The telephone number for the Call Center is 1-800428-HELP (1-800-428-4357). Email to staff@rcesupport.com.
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SECTION III
SOURCE SELECTION TEAM (SST) ROLES AND RESPONSIBILITIES
A. EVALUATION ORGANIZATION. The evaluation and selection of the successful offeror
will be performed by the following organizational elements:
1. Source Selection Authority (SSA)
2. Source Selection Evaluation Board (SSEB)
3. Procuring Contracting Officer (PCO)
B. RESPONSIBILITIES OF THE ORGANIZATIONAL ELEMENTS.
1. Source Selection Authority. The SSA is the individual designated to make the best value
decision. The SSA shall:
a. Be responsible for the proper and efficient conduct of the source selection process in
accordance with this procedure and all applicable laws and regulations.
b. Appoint the chairpersons for the SSEB and, when used, the SSAC.
c. Ensure that personnel appointed to the SST are knowledgeable of policy and
procedures for properly and efficiently conducting the source selection. Ensure the SST
members have the requisite acquisition experience, skills, and training necessary to
execute the source selection, and ensure the highest level of team membership
consistency for the duration of the selection process.
d. For major weapon system or major service acquisitions, ensure no senior leader is
assigned to or performs multiple leadership roles in the source selection in accordance
with DFARS 203.170(a).
e. Ensure that realistic source selection schedules are established and source selection
events are conducted efficiently and effectively in meeting overall program schedules.
The schedules should support proper and full compliance with source selection
procedures outlined in this document and the established Source Selection Plan (SSP) for
the acquisition.
f. Ensure all involved in the source selection are briefed and knowledgeable of
Subsection 27(a) of the Office of Federal Procurement Policy Act, 41 U.S.C. 2101-2107
(formerly 41 U.S.C., Section 423), and FAR 3.104 regarding unauthorized disclosure of
contractor bid and proposal information, as well as source selection information. Ensure
that all persons receiving source selection information are instructed to comply with
applicable standards of conduct (including procedures to prevent the improper disclosure
of information) and sign a Non-Disclosure Agreement and a conflict of interest
statement. Ensure Conflict of Interest Statements (from both Government
members/advisors and non-Government team advisors) are appropriately reviewed and
actual or potential conflict of interest issues are resolved prior to granting access to any
source selection information. (See CFR 2635).
g. Make a determination to award without discussions or enter into discussions.
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h. Select the source whose proposal offers the best value to the Government in
accordance with evaluation established criteria in Section M (or a non-Uniform Contract
Format (UCF) solicitation).
i. Document the rationale in the Source Selection Decision Document (SSDD).
2. Source Selection Evaluation Board. Government personnel assigned to the SSEB shall
consider this duty as their primary responsibility. Their source selection assignment shall take
priority over other work assignments.
a. The SSEB Chairperson shall:
1. Review all aspects of all proposals, and shall fully participate in all ratings and ensure
preparation by the SSEB of narrative support substantiating evaluation ratings. The SSEB
Chairperson is responsible for the conduct of a comprehensive and integrated evaluation
of competitive proposals in an impartial and equitable manner.
2. Assure that the SSEB members understand the criteria for the evaluation of proposals
so that there is a uniformity of approach in the rating effort.
3. Require the assigned members attendance at the meetings and conferences of the
board and assign work necessary for the accomplishment of its mission.
4. Relieve and replace members from assignment only in the event of a demonstrated
emergency or other appropriate cause.
5. Arrange for members to work overtime, when necessary, allowed, and approved.
6. Assure the safeguarding of sensitive information used by the board.
7. Arrange for the needed administrative staff at the work site.
8. Plan the security requirements of the board and the work site and ensure their
accomplishment through conclusion of the source selection, to include any protests.
9. Establish the agenda and the schedule for SSEB meetings.
10. Isolate policy issues and major questions requiring decision by the SSA.
11. Seek to build consensus among the SSEB members.
12. Be responsible for the overall management of the SSEB and act as the SSEBs
interface to the SSAC and SSA.
13. Establish functional evaluation teams, as appropriate, to support an efficient source
selection evaluation. Appoint chairpersons and members to the functional evaluation
teams, subject to approval of the SSA.
14. Ensure the skills of the personnel, the available resources, and the time assigned are
commensurate with the complexity of the acquisition.
15. Ensure members of the SSEB are trained and knowledgeable on how an evaluation is
conducted prior to reviewing any proposals.
16. Ensure the evaluation process follows the evaluation criteria and ratings are being
consistently applied.
17. Provide consolidated evaluation results to the SSA or the SSAC, if the SSAC is
designated as the interface between the SSEB and SSA.
18. Support any post source selection activities such as debriefings and post-award
reviews/meetings, as required.
b. The SSEB members shall:
1. Conduct a comprehensive review and evaluation of proposals against the RFP
requirements and the approved evaluation criteria.
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2. Ensure the evaluation is based solely on the evaluation criteria outlined in the RFP.
3. Assist the SSEB Chairperson in documenting the SSEB evaluation results.
4. Support any post source selection activities such as debriefings and post-award
reviews/meetings, as required.
5. Brief the SSAC/SSA, as requested.
6. Respond to comments/instructions from the SSAC/SSA.
7. Prepare the necessary evaluation notices (ENs).
3. Procuring Contracting Officer. The PCO will serve as the primary business advisor and
principal guidance source for the entire Source Selection. The PCO shall:
a. Manage all business aspects of the acquisition and advise and assist the SSA in the
execution of his/her responsibilities and work with the SSEB Chair to ensure the
evaluation is conducted in accordance with the evaluation criteria specified in the RFP.
b. Ensure that required approvals are obtained and the appropriate notification clause is
included in the RFP before non-Government personnel are allowed to provide source
selection support (FAR 7.503 and 37.205)
c. In accordance with FAR 3.104 and DFARS 203.104, ensure that procedures exist to
safeguard source selection information and contractor bid or proposal information.
Approve access to or release of source selection information and contractor bid or
proposal information after consulting Legal Counsel before and after contract award.
d. Maintain the documents and source selection evaluation records.
e. Release the final RFP only after obtaining all required approvals including the SSA
approval of the SSP.
f. Serve as the single point of contact for all RFP-related inquiries from actual or
prospective offerors.
g. After receipt of proposals, control exchanges with offerors in accordance with FAR
15.306.
h. With the approval of the SSA, establish the competitive range and enter into
discussions.
i. Brief the SSAC/SSA as requested.
j. Respond to special instructions from the SSAC/SSA.
k. Award the contract.
l. Chair all required debriefings.
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SECTION IV
EVALUATION PROCESS AND PROCEDURES
A. KEY MILESTONES. The source selection process will follow the sequence outlined below:
1. Issue RFP
2. Receive Proposals
3. Conduct Initial Evaluation
4. Present Findings to SSA
5. Establish Competitive Range
6. Conduct Discussions
7. Conduct Interim Evaluation
8. Present Findings to SSAC/SSA
9. Revise/Reaffirm Competitive Range
10. Request and Receive Final Proposal Revisions
11. Conduct Final Evaluation
12. Present Findings to SSAC/SSA
13. SSAC Written Comparative Analysis and Award Recommendation
14. SSA Decision
15. CRB Peer Review
16. Debriefing of Unsuccessful Offerors
B. DEFINITIONS
1. Rating. The descriptor assigned by the evaluators to the non-Cost/Price Factors. It represents
their conclusions as to the quality of the proposal.
2. Factor Rating Definitions. SSEB will use a common set of adjectival ratings to evaluate nonCost/Price Factors other than Past Performance. Keep in mind that mere promises to comply
with contractual requirements are insufficient basis for a favorable rating; evidence is required in
support of any statements relating to promised performance. Also, the chosen adjectival rating
must be supported by the evaluators narrative reason(s) for the choice. Each proposal will be
evaluated in accordance with the information set forth in the RFP.
C. RATING METHOD
1. Rating Package. Each individual evaluating a factor of the offerors proposal will receive a
rating package containing the following:
a. Evaluation Policies and Procedures;
b. Basis for Award, Evaluation Factors and Evaluation Approach;
c. Proposal Instructions;
d. Evaluation Forms ; or
e. Past Performance Evaluation forms , as appropriate;
f. Guidelines for writing clarifications and discussion issues;
g. Evaluation Notice (EN) form ; and,
h. Request for Proposal (RFP).
2. Rating Structure. The non-cost factors will be evaluated and rated based upon the general and
specific instructions supplied in Section IV of this Plan. The ratings will be used for the final
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evaluation. The Cost/Price factor, while evaluated for fairness and reasonableness (including
findings), will not be assigned an adjectival rating.
D. PROPOSAL EVALUATION
1. All proposals will be received by the PCO or designee not later than the hour and date given in
the RFP. Upon receipt of proposals the PCO or designee should conduct an initial screening to
ascertain that each offeror has submitted all of the required information, including electronic
media, in the quantities and format specified in the RFP. The PCO will retain the original of the
offerors proposals and associated data. The SSEB Chairperson will control all copies of the
offerors proposals and other associated data.
2. Upon receipt of proposals, evaluators will read their applicable section to gain an
understanding of the level of the information and determine if errors, omissions or a need for
clarification exists. These will be reported to the respective Factor Chairperson and the SSEB
Chairperson. The SSEB Chairperson will notify the Contracting Officer of such issues.
3. Upon completion of their evaluations, the SSEB teams will assign the appropriate rating to
each factor as set forth above upon reaching consensus as to the findings and the ratings. Care
must be taken to cite the section, page and paragraph numbers generating these findings. If
after discussion of the findings and ratings a consensus cannot be reached, a Minority Report
will be completed for inclusion in the file. Each SSEB Factor Chairperson will prepare an overall
narrative summary for his/her respective factor along with recommended factor ratings and
forward them to the SSEB Chairperson.
4. The SSEB Chairperson will review the narrative summary and recommended factor ratings
and provide an overall summary report (Initial Evaluation Report). This report will be forwarded
to the SSA and shall contain the adjectival assessments for each factor as well as a Cost/Price
report and the supporting rationale.
5. Any proposal(s) which the Contracting Officer determines, with SSA approval, to not be
among the most highly rated proposals will be considered outside the competitive range and
eliminated from further consideration. The Contracting Officer will promptly inform the
offeror(s) in writing.
6. The Contracting Officer may conduct discussions with each offeror retained in the competitive
range. After the conclusion of discussions, any new information received from the offerors will
be evaluated. This evaluation will be documented in a supplement to the Initial Evaluation
Report (Interim Evaluation Report) and will consist of an update, which addresses each factor of
the Initial Evaluation Report.
7. Using the Interim Evaluation Report, the Contracting Officer will amend the competitive
range with SSA approval. The Contracting Officer will give all offerors within the revised
competitive range an opportunity to submit final proposal revisions by a common cutoff date.
Any final proposal revisions will be evaluated and the re-evaluation will be documented in
another supplemental report (Final Evaluation Report), which addresses each factor of the Initial
and Interim Evaluation Reports. The Final Evaluation Report will not contain a recommendation
pertaining to which offeror should be selected for award.
E. COMMUNICATIONS AND SECURING SOURCE SELECTION MATERIALS. The
PCO and SSEB Chair will ensure information security, including information integrity,
confidentiality and availability is maintained as described in FAR 2.101. Electronic source
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selection information shall be housed in an access controlled, password protected site. All source
selection materials will be marked in accordance with FAR 2.101 (see definition of source
selection information) and 3.104 and secured as prescribed by the PCO and SSEB Chair.
Communications (internal and external) procedures and limitations (if any) will be provided by
the PCO and SSEB Chair.
F. BEST VALUE DECISION. The SSA will compare the proposals to determine the offer(s)
that represent(s) the best value to the Government, taking into consideration the stated evaluation
factors and their respective weightings as specified in the RFP. The selection process is complex
and depending upon the evaluation factors, the SSA may exercise a significant degree of
judgment in selecting the successful offeror(s). The adjectival ratings assigned by the evaluation
team are labels and not the sole basis for proposal comparison. The SSA must not base his/her
decision merely on the adjectival ratings or the comparative analysis and award recommendation
of the SSAC, which compares the strengths and weaknesses of the competing proposals, but
shall exercise independent judgment. Likewise, the comparative analysis and award
recommendation of the SSAC is not binding upon the SSA.
The SSA must document his/her rationale for selecting the successful offeror(s) in an
independent, stand-alone document.
G. ANNOUNCEMENT OF SELECTION. The Contracting Officer will make the
announcement of the selection of a successful contractor directly or through his/her designee.
H. DEBRIEFING OF UNSUCCESSFUL OFFERORS. The contracting Officer will chair and
conduct the debriefing.
SECTION V
POLICIES, INSTRUCTIONS AND STANDARDS OF CONDUCT
A. GENERAL. The impartial, equitable, and comprehensive evaluation of offerors proposals is
dependent on the capability of the Government to provide each offeror the same information and
to evaluate each proposal independently.
B. SAFEGUARDING PROCUREMENT INFORMATION. The sensitivity of the
proceedings and documentation require stringent and special safeguards throughout the
evaluation process.
1. Inadvertent release of information could be a source of considerable misunderstanding and
embarrassment to the Government. It is incumbent, therefore, upon all members of the team not
to make any unauthorized disclosures of information pertaining to this evaluation. All evaluation
participants will observe the following rules:
a. Do not permit members of your organization to divulge your membership to casual callers.
b. Refer all attempted communications by offerors representatives to the Contracting Officer.
c. Do not accept any invitation from personnel of an offeror for participation in any functions,
regardless of how remote they may be from the evaluation process.
d. Do not assume that a nonparticipating contractor can be told anything pertaining to the
evaluation and source selection.
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e. Do not assume that it is safe to speak about the evaluation because you are among
Government employees or in Government buildings.
f. Do not discuss any aspect of the evaluation with other board members outside the area
designated for deliberations.
g. Do not discuss the substantive issues of the evaluation with any unauthorized individual even
after the announcement of the winning offeror.
h. Your supervisor does not have a need-to-know regarding any aspect
of the SSO proceedings if they have not been appointed as a member of the SST.
2. Care must be exercised to ensure that copies of the evaluation records and information relating
thereto are adequately marked and safeguarded throughout the entire proceedings.
3. Removal of proposals or evaluation documents from the evaluation work site is not authorized
except as specifically approved by the SSEB Chairperson.
4. To the degree feasible, all proposals and working papers will be kept in a locked container or
room except when being used in conjunction with evaluation and source selection.
5. All participating personnel will sign the Agreement set forth at Appendix B to the effect that
they are familiar with the regulations and other guidance pertaining to security measures.
6. Proposals may contain information or data, which the offerors do not want disclosed to the
public or to other contractors or used by the Government for any purpose other than the
evaluation of this proposal. Data so marked shall not be disclosed outside the Government
without the written permission of the offeror except under the conditions provided in the
offerors' restrictions. Since it is anticipated that there will be group discussions concerning
aspects of offerors' proposals, conferees shall advise other members when proprietary data is
being discussed. While special emphasis is given here to proprietary data, SST members should
NEVER make any assumptions regarding release of any information relative to the source
selection.
C. EVALUATION POLICIES
1. The principal purpose of the evaluation procedure is to provide a sound basis for the SSA to
make an informed judgment. The evaluation methodology and techniques employed should
enhance the quality, credibility and confidence levels in the adequacy of the evaluation results.
The evaluation process, therefore, must be consistent, well thought out, adequately staffed,
managed, and carried out in a professional, comprehensive and objective manner. It must frame
the elements for the selection decision with sufficient clarity and visibility so that the SSA will
be able to make a sound decision within a short time period.
2. Proposal evaluation requires a mixture of fact-finding and reporting and the application of
professional judgment to provide a comprehensive picture of the adequacy of each proposal.
This requires:
a. Examination and judgment of the merits of each proposal as compared to the criteria
established for evaluation.
b. Validation of the information, estimates and projections of each offeror as presented in their
proposal.
c. Successive summarization of the detailed evaluation results accompanied by analysis in
sufficient depth to give visibility to any significant findings or reservations.
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APPENDIX A
SOURCE SELECTION MEMBERS FOR AFGHANISTAN PERSONAL SERVICES W912ER16-R-0010
Source Selection
Authority
Louis Martinez
Legal Counsel
Justin McCorcle
Contracting Officer
Abraham Curry
Price Evaluation Team
Chair
Seth Newman
Contract Specialist
Samantha Adato
Source Selection
Evaluation Board Chairman
Michael Graham
Technical Evaluation
Team Chair
David Clarke
Team Member
Patrick Tilque
Team Member
Daniel Echols
Past Performance
Evaluation Chair
Samantha Adato
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APPENDIX B
SOURCE SELECTION PARTICIPATION AGREEMENT
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W912ER-16-R-0010
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APPENDIX C
INDIVIDUAL TECHNICAL EVALUATION FORM
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APPENDIX E
GUIDELINES FOR WRITING EVALUATION NOTICES (ENs)
1. In the competitive procurement, your job is not to get the contractor to submit the best
possible proposal. Your job is to evaluate the proposal submitted; obtain additional information
(through the SSEB Chairperson/PCO) from the contractor when needed to perform this process;
document your evaluation/assessment; and evaluate/assess the Final Revised Proposal (if any)
including responses to the evaluation notices. The Governments obligation during discussions is
to call the contractors attention to all deficiencies, uncertainties, significant weaknesses and
weaknesses at least once.
2. Always reference the RFP, proposal and prior related ENs when writing a notice. This
provides an excellent method of tracking the finding.
3. Do not use adjectives (e.g. poor) which require some comparison to an unknown standard in
order to establish the meaning of the objective, nor use the adjectival rating within the narrative
(e.g. outstanding solution).
4. Remember to write the ENs so that, to the extent possible, contracting and legal can
understand them as well as the offeror.
5. If the RFP establishes a firm requirement, the offerors proposal must not deviate from the
requirement. In writing a deficiency EN, reference the RFP requirement, offerors proposal (if
appropriate) and state that offeror has failed to comply with a firm requirement of the RFP.
6. If the RFP does not establish a firm requirement, you may not suggest or imply ways to
improve the proposal. You should identify significant weaknesses and weaknesses and explain
why the Government considers it to be a weakness. Include reference to the proposal and RFP (if
appropriate).
7. If you believe the Governments PWS/requirement is in error or deficient, do not attempt to
get the offerors to cure it in their proposal by an EN. Instead, bring it to the attention of the
SSEB Chairperson or PCO immediately.
8. For ENs, do not discuss the impact to the Government should the proposal be accepted. Such
qualifications are for internal Government evaluations. The purpose of the EN is to call the
offerors attention to the finding. The degree of impact should only be identified in your
evaluation report.
9. Whenever possible write the EN in an unclassified form. Instead, include the classified
information location in the RFP or proposal.
52.217-4
EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the
Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time
of award.
(End of provision)
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52.217-5
EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the
Government will evaluate offers for award purposes by adding the total price for all options to the total price for the
basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
(End of provision)

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1.

THIS CONTRACT IS A RATED ORDER

SOLICITATION, OFFER AND AWARD

(If other than Item 7)

B. TELEPHONE (Include area code)

(NO COLLECT CALLS)

11. TABLE OF CONTENTS

OFFER (Must be fully completed by offeror)

16. NAME AND TITLE OF PERSON AUTHORIZED TO

15B. TELEPHONE NO (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

19. ACCEPTED AS TO ITEMS NUMBERED

18. OFFER DATE

AWARD (To be completed by Government)

24. ADMINISTERED BY (If other than Item 7)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

(4 copies unless otherwise specified)

27. UNITED STATES OF AMERICA

28. AWARD DATE

(Signature of Contracting Officer)

STANDARD FORM 33 (REV. 9-97)

USACE Personal Services Base Period

USACE Personal Services First Option

USACE Personal Services 2nd Opt

USACE Personal Services 3rd OPT

USACE Personal Svcs 4th OPT

USACE Personal Svcs 6 month ext of svcs

CLAUSES INCORPORATED BY FULL TEXT

CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

USACE Personal Services Afghanistan

3.4.2 Over-Time (OT) Hours:

Victory Day - One (1) Day of Holiday

3.6 Personal Leave:

4.0 WORK REQUIREMENT

5.0 CONTRACTOR PHASE-IN/PHASE-OUT RESPONSIBILITIES:

7.7 Minimum Personnel Employment Prerequisites/Restrictions:

with native English-speaking partner organizations.

8.0 EMPLOYEE TRAINING

14.0 REQUIRED EQUIPMENT

Contract Management Plan

Within 10 days of contract award

Quality Control Plan Changes

Within 5 days prior to the effective date of

Quality Control Plan Option Period

Appendix A Position Descriptions

Completion of elementary school is required

Completion of high school

Educational and Experience Requirements:

Education & Experience Qualifications:

University degree in electrical engineering

Educational and Experience Requirements:

Level 4 English ability. Ability to speak and read Dari/Pashtu.

Works under the supervision of the Logistics Officer

Educational and Experience Requirements:

High school graduate

Journeyman experience as a program manager with engineering background.

11. PROJECT ENGINEER ASSISTANT (PE)

b. Educational and Experience Requirements

Ability to work as part of a multidisciplinary team.

12. QUALITY ASSURANCE REPRESENTATIVE (QAR)

University degree related to engineering technology and/or safety