n00178 s2404a nswc, dahlgren division c dahlgren va … · general information the purpose of this...

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

04 03-Oct-2016 see Section G N/A6. ISSUED BY CODE N00178 7. ADMINISTERED BY (If other than Item 6) CODE S2404A

NSWC, DAHLGREN DIVISION

17632 Dahlgren Road Suite 157

Dahlgren VA 22448-5110

DCMA Manassas

14501 George Carter Way, 2nd Floor

Chantilly VA 20151

SCD: C

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

A-T Solutions, Inc. 10304 Spotsylvania Ave Fredericksburg VA 22408-8607 9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

[X] N00178-14-D-7581-0003

10B. DATED (SEE ITEM 13)

CAGECODE

1Y5E9 FACILITY CODE 29-Jul-2016

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ ]The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is extended, [ ] is not extended.Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning one (1) copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) Byseparate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THEPLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of thisamendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitationand this amendment, and is received prior to the opening hour and date specified.12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(*) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. INITEM 10A.

[ ] [X] B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation

date, etc.)SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

[ ] C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

[ ] D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ X ] is not, [ ] is required to sign this document and return copies to the issuing office.14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

SEE PAGE 2

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Michelle L Briscoe, Contracting Officer

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED BY /s/Michelle L Briscoe 03-Oct-2016

(Signature of person authorized to sign) (Signature of Contracting Officer) NSN 7540-01-152-8070PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (Rev. 10-83)Prescribed by GSAFAR (48 CFR) 53.243

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT U 1 2

GENERAL INFORMATION

The purpose of this administrative modification is to correct the POP on

SLIN 9001AD from 9/6/2017-7/28/2018 to 9/6/2016-7/28/2017.

CLIN 9101AA from 7/27/2016-7/28/2017 to 7/27/2017-7/28/2018.

Accordingly, said Task Order is modified as follows: A conformed copy of this Task Order is attached to thismodification for informational purposes only.

The Line of Accounting information is hereby changed as follows:

The total amount of funds obligated to the task is hereby increased from $6,350,650.00 by$0.00 to $6,350,650.00.

The total value of the order is hereby increased from $12,344,012.00 by $0.00 to$12,344,012.00.

The Period of Performance of the following line items is hereby changed as follows:

CLIN/SLIN From To

9001AD 9/6/2017 - 7/28/2018 9/6/2016 - 7/28/2017

9101AA 7/29/2016 - 7/28/2017 7/29/2017 - 7/28/2018

CONTRACT NO.

N00178-14-D-7581 DELIVERY ORDER NO.

0003 AMENDMENT/MODIFICATION NO.

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2 of 2 FINAL

SECTION B SUPPLIES OR SERVICES AND PRICES

CLIN - SUPPLIES OR SERVICES

For Cost Type Items:

Item PSC Supplies/Services Qty Unit Est. Cost Fixed Fee CPFF

7000 B504 SEE CLIN 7101 (Fund Type - TBD) LH $0.00

7001 Base Year - Contactor shall

provide OCONUS/CONUS technical

and support services for Naval

Expeditionary Forensics &

Biometrics in accordance with

Section C, Statement of Work.

(See Note 1&2)

$7,990,684.00

7001AA B504 Holding SLIN BASE YEAR (Fund Type

- TBD)

LH $2,970,684.00

7001AB B504 Award Funding in support of FXD

Lab Augmentation under the NEFB

program (O&MN,R)

LH $1,700,000.00

7001AC B504 Mod 02- Incremental Funding

(O&MN,R)

LH $700,000.00

7001AD B504 Mod 02-Incremental Funding 10 USC

2410 (a) Authority is invoked.

(O&MN,R)

LH $20,000.00

7001AE R425 Mod 03 - Incremental Funding in

support of Weapons Technical

Intelligence Exploitation

Analysis Tool (WEAT) under the

NEFB program. 10 USC 2410(a)

Authority is Invoked. (O&MN,R)

LH $700,000.00

7001AF B504 Mod 03 -Incremental Funding in

support of Weapons Technical

Intelligence Exploitation

Analysis Tool (WEAT) (O&MN,R)

LH $1,900,000.00

For Cost Type / NSP Items

Item PSC Supplies/Services Qty UnitEst.

Cost

Fixed

FeeCPFF

7099 Data Deliverable for Base Period, IAW Exhibit A, CDRLs.

Not Separately Priced

LO NSP



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7100 B504 See CLIN 7101 (Fund Type -

TBD)

LH $0.00

Option

7101 OPTION YEAR 1 - Contactor

shall provide OCONUS/CONUS

technical and support services

for Naval Expeditionary

Forensics & Biometrics in

accordance with Section C,

Statement of Work. (See Note

1&2)

$11,955,372.00

7101AA B504 Holding SLIN OPTION YEAR 1

(Fund Type - TBD)

LH $11,955,372.00

Option



Cost

Fixed

FeeCPFF

7199 Data Deliverable for Option Year 1, IAW Exhibit A, CDRLs

A001 - A017. Not Separately Priced

1 LO NSP




TBD)

LH $0.00

Option

7201 OPTION YEAR 2 - Contactor

shall provide OCONUS/CONUS

technical and support services

for Naval Expeditionary

Forensics & Biometrics in

accordance with Section C,

Statement of Work. (See Note

1&2)

$12,075,046.00


(Fund Type - TBD)

LH $12,075,046.00

Option



Cost

Fixed

FeeCPFF

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Cost

Fixed

FeeCPFF

7299 Data Deliverable for Option Year 2, IAW Exhibit A, CDRLs

A001-A017.

LO NSP




TBD)

LH $0.00

Option

7301 OPTION YEAR 3- Contactor shall

provide OCONUS/CONUS technical

and support services for Naval

Expeditionary Forensics &

Biometrics in accordance with

Section C, Statement of Work.

(Note 1&2)

$12,195,704.00


(Fund Type - TBD)

LH $12,195,704.00

Option



Cost

Fixed

FeeCPFF

7399 Data Deliverable for Option Period 3, IAW Exhibit A, CDRLs

A001 - A017 .

LO NSP

For ODC Items:

Item PSC Supplies/Services Qty Unit Est. Cost

9000 B504 See CLIN 9001 (Fund Type - TBD) LO $0.00

9001 Base Year ODCs in support of 7101 $4,353,328.00

9001AA B504 Holding SLIN AA - Base Year - ODCs/ Travel in support of CLIN

7001(See Note 3) (Fund Type - TBD)

LO $3,022,678.00

9001AB B504 AWARD - ODC in support of CLIN 7001 (O&MN,R) LO $300,000.00

9001AC B504 Mod 02 - ODC in support of CLIN 7001 (O&MN,R) LO $200,000.00

9001AD B504 Mod 02- Incremental Funding 10 USC 2410(a) Authority is invoked.

(O&MN,R)

LO $114,650.00

9001AE B504 Mod 02-Incremental Funding for ODCs in support of CLIN 7001 10

USC 2410 (a) Authority is invoked. (O&MN,R)

LO $16,000.00

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Item PSC Supplies/Services Qty Unit Est. Cost

9001AF B504 Mod 03 - ODC Incremental funding in support of 7001 AE 10 USC

2410 (a) is invoked. (O&MN,R)

LO $200,000.00

9001AG B504 Mod 03 - ODCs in Support of 7001AF WEAT Support (O&MN,R) LO $500,000.00

9100 B504 See CLIN 9101 (Fund Type - TBD) LO $0.00

Option

9101 OPTION YEAR 1- ODCs/ Travel in support of 7101 $5,721,333.00

9101AA B504 Holding SLIN BASE YEAR (Fund Type - TBD) LO $5,721,333.00

Option

9200 B504 See CLIN 9201 OPTION YEAR 1 (Fund Type - TBD) LO $0.00

Option

9201 OPTION YEAR 2- ODCs/Trael in support of CLIN 7201 (See Note 2 &

3)

$5,729,319.00

9201AA B504 Holding SLIN OPTION YEAR 2 (Fund Type - TBD) LO $5,729,319.00

Option

9300 B504 See SLIN 9301 (Fund Type - TBD) LO $0.00

Option

9301 OPTION YEAR 3- ODCs/ Travel in support of CLIN 7300(See Note 2 &

3)

$5,737,391.00

9301AA B504 Holding SLIN OPTION YEAR 3 (Fund Type - TBD) LO $5,737,391.00

Option

NOTE 1: LABOR HOURS

The number of labor hours listed above * for the Base Period , and each Option Period, shall reflect the Level of Effort provided inSection H, 5252.216-9122 (Alt. 1) Level of Effort clause.

NOTE 2: OPTION CLAUSE

Option to Extend the Term of the Contract Clause in Section I applies to the Option CLINs.

NOTE 3: OTHER DIRECT COSTS

Any Other Direct Cost (ODC) include travel, consumables, assets, and materials. ODCs will be limited to: travel and materials asspecified in Section C.

NOTE 4: NOT SEPARATELY PRICED

Price for Not Separately Priced (NSP) Items shall be included in the price of Labor CLIN(s).

B.1 USE WHOLE DOLLARS ONLY

All proposals shall be rounded to the nearest dollar.

B.2 TYPE OF ORDER

This task order is a Term (Level of Effort) type order.

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Items in the 7xxx series are cost plus fixed fee and Not Separately Priced (NSP) type.

Items in the 9xxx series are cost only, excluding fee.

B.3 ADDITIONAL CLINS

Additional CLINs and SLINs may be unilaterally created by the Contracting Officer during the performance of this Task Order toaccommodate the multiple types of funds that may be used under this Task Order. These modifications will not change the overalllevel of effort, estimated cost or fixed fee of the Task Order.

B.4 FEE RATEThe contractor is authorized to bill fixed fee at the following amounts per labor hour delivered.

PERIODFIXED FEEAMOUNT

NUMBER OF PRIMECONTRACTORLABOR HOURS

RATE(FEE PERPRIME

CONTRACTORLABOR HOUR)

Base $ 287,214

Option 1 $ 394,695

Option 2 $ 398,644

Option 3 $ 402,622

In accordance with FAR 52.216-8 Fixed Fee, 15% (not to exceed $100,000) of the fee payment will be reserved.

B.5 FINALIZED FIXED FEEIf the total level of effort for each period specified in Section H, 5252.216-9122 LEVEL OF EFFORT - ALTERNATE 1 (MAY2010) is not provided by the Contractor during the period of this order, the Contracting Officer, at its sole discretion, shall finalizefee based on the percent of hours provided in relation to the fixed fee. For example, if 90% of the hours were provided, thecontractor is entitled to 90% of the fixed fee.

The above fee calculation applies to all periods regardless of the level of funding. This task order will be incrementally funded andbudgetary constraints may prevent full funding of all periods. The process for finalizing the fixed fee is the same for both fullyfunded periods and periods funded at less than the estimated total cost-plus-fixed-fee.

CONTRACT CLAUSES:

HQ B-2-0004 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor haveagreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at thetime of final contract closeout. The term “residual dollar amount” shall include all money that would otherwise be owed to eitherparty at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrustviolations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party againstmoney that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that theadministrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

HQ B-2-0007 LIMITATION OF COST OR LIMITATION OF FUNDS LANGUAGE

The clause entitled “LIMITATION OF COST” (FAR 52.232-20) OR “LIMITATION OF FUNDS” (FAR 52.232-22), asappropriate, shall apply separately and independently to each separately identified estimated cost.

HQ B-2-0010 NOTE (OPTION)

NOTE A- Option item to which the Option Clause in Section I applies and which is to be supplied only if and to the extent saidoption is exercised.

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HQ B-2-0015 PAYMENT OF FEE(S) (LEVEL OF EFFORT – ALTERNATE I) (NAVSEA) (MAY 2010)

(a) For purposes of this contract, “fee” means “target fee” in cost-plus-incentive-fee type contracts, “base fee” in cost-plus-award-feetype contracts, or “fixed fee” in cost-plus-fixed-fee type contracts for level of effort type contracts.

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled“FIXED FEE” (FAR 52.216-8) OR “INCENTIVE FEE”, (FAR 52.216-10), as applicable. Such payments shall be submitted byand payable to the Contractor pursuant to the clause of this contract entitled “ALLOWABLE COST AND PAYMENT” (FAR52.216-7), subject to the withholding terms and conditions of the “FIXED FEE” or “INCENTIVE FEE” clause, as applicable,and shall be paid at the hourly rate(s) specified above per man-hour performed and invoiced. Total fee(s) paid to the Contractorshall not exceed the fee amount(s) set forth in this contract. In no event shall the Government be required to pay the Contractorany amount in excess of the funds obligated under this contract.

HQ B-2-0020 TRAVEL COSTS - ALTERNATE I (NAVSEA) (APR 2015)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its actual travel costs in accordance with FAR31.205-46. The costs to be reimbursed shall be those costs determined to be allowable, allocable and reasonable by the ProcuringContracting Officer, Administrative Contracting Officer or their duly authorized representative, as advised by DCAA.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around theworksite, and from the worksite to the Contractor's facility.

(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided in FAR 31.205-35; however,Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(i) travel at U.S. Military Installations where Government transportation is available,

(ii) travel performed for personal convenience/errands, including commuting to and from work, and

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee'sconvenience.

HQ B-2-0021 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST TYPE) (FEB 1997)

This entire contract is cost type.

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SECTION C DESCRIPTIONS AND SPECIFICATIONS

C.1 Statement of Work

Mandatory Requirements:

The Contractor must meet all mandatory requirements, and must be able to maintain them throughout the life of theTask Order. The mandatory requirements are as follows:

Requirement 1 – Facility Security Clearance

The Contractor’s primary facility for supporting this task order shall have a facility clearance of TOP SECRET.

Requirement 2 - Personnel Security Clearances:

All personnel on this contract shall have at least a SECRET security clearance. Personnel for the followingcategories shall have a final TOP SECRET clearance and shall be SCI eligible: Program Manager, IntelligenceAnalyst, Document and Media Exploitation (DOMEX) Examiner, and Senior Systems Analyst.

Requirement 3 - Sensitive Compartmented Information (SCI) Eligibility:

Once sponsored, the Contractor shall obtain and maintain SCI eligibility.

Requirement 4 - Facility location:

The Contractor’s primary facility shall be located within 60 miles to NSWCDD, Dahlgren, VA.

Background:

Naval Surface Warfare Center Dahlgren Division (NSWCDD) has partnered with the Army’s Defense Forensics andBiometrics Agency (DFBA) which is the parent organization to the Defense Forensics Science Center ( DFSC), byproviding subject matter experts into the global forensics and biometrics labs and being the responsible organizationfor the Weapons-Technical-Intelligence Exploitation Analysis Tool (WEAT). The Naval Expeditionary Forensicsand Biometrics (NEFB) is part of the overall Identity Management concept within the military services. Thiscontract provides support to Naval efforts related to forensics and biometrics.

C.2 SCOPE

The Contractor shall provide technical and non-technical support to Weapons Control and Integration Department insupport Global DoD Forensics and Biometrics requirements. These requirements will support CONUS, OCONUS,and shipboard efforts in the work areas listed in this SOW: Program Management and Technical Support;Deployment Planning, Execution, and Personnel Support; Software and Database Engineering; Forensics Support;Evidence Management and Handling; Latent Print Processing and Examination; Firearms, Weapons, Ammunition,and Weapons Component Processing; DNA Analysis; Forensic Chemistry; Intelligence Analysis; InformationTechnology and Information Assurance; Engineering Services; Logistical and Installation Services; Inert OrdinanceExamination and Documentation; and Integrated Logistics Support and Logistics Engineering. Not every work areawill be employed at every location.

Estimated CONUS and OCONUS Work Locations:

Program Manager DLGR

Forensic Science Officer/Liaison Atlanta

Senior Software Engineer DLGR

Junior Software Engineer DLGR

Senior DNA Examiner Atlanta and OCONUS

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Junior DNA Examiner Atlanta

Senior Latent Print Examiner Atlanta and OCONUS

Junior Latent Print Examiner Atlanta

Laboratory Manager/Theater Liaison Atlanta and OCONUS

EOD Specialist/Technician Atlanta and OCONUS

Firearms and Tool Mark Examiner Atlanta and OCONUS

Case File Manager/Evidence Custodian Atlanta and OCONUS

Forensic Chemist Atlanta and OCONUS

Intelligence Analyst Atlanta and OCONUS

Information Technology Engineer DLGR/Atlanta

Information Technology Technician DLGR

Logistician DLGR

Biometrics Engineer DLGR

Program Analyst DLGR

Data Base Administrator DLGR

Forensic Specialist Atlanta and OCONUS

Senior Systems Analyst DLGR

Systems Analyst DLGR

DOMEX Examiner Atlanta and OCONUS

Information Assurance Technician DLGR and OCONUS

Field Service Engineer OCONUS

***Note: The above locations are anticipated at this time and may change during contract execution.

C.3 REQUIREMENTS

C.3.1 Program Management and Technical Support

C.3.1.1 The Contractor shall provide programmatic support to include development of program plans (CDRLA001), schedules, attendance at and provision of oral briefings, and other written documents that describe planned,ongoing or future operations or tasks related to future forensic and biometrics capabilities required to support DODmission objectives.

C.3.1.2 The Contractor shall submit a Progress Report (CDRL A015).

C.3.1.3 The Contractor shall participate in both formal and informal IPRs of work being performed (CDRLA016). IPRs shall be conducted at the overall Task Order level or for specific projects/work areas/TIs. Reviewsshall be scheduled by the Government. At the time the review is scheduled, the Government will communicate the

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specific purpose of the review. An initial formal IPR is planned within 60 days of the Task Order award date andwill follow the agenda agreed to by the Task Order’s COR. Subsequent formal IPRs shall be held quarterly unlesswaived by the Government.

C.3.2 Deployment Planning, Execution and Personnel Support

C.3.2.1 The Contractor shall perform all necessary actions to prepare Contractor personnel for deploymentOCONUS. This shall include preparation and provision to the Government of documentation containing mandatorypersonal information so that Contractors may obtain, or be provided, Letter of Introduction and Authorization, NavalMessage, Invitation Travel Authorization, Geneva Convention CAC Card, and other necessary documentationrequired for deployment.

C.3.2.2 The Contractor shall only deploy employees who possess a current US Passport. Personnel hired fordeployment or TDY to a theater of operations shall possess a current US passport.

C.3.2.3 The Contractor shall only deploy personnel that pass medical and dental standards for deployment.Personnel hired for deployment or TDY to theater of operations shall be able to pass physical and dentalexaminations in accordance with 952.225-000 MEDICAL SCREENING AND VACCINATION REQUIREMENTSFOR CONTRACTOR EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY and952.225-0003 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS

C.3.2.4 The Contractor shall perform necessary planning to ensure that its employees are properly prepared andequipped with necessary personal protective gear for deployment on a schedule that satisfies Governmentrequirements.

C.3.2.5 The Contractor shall maintain accurate records of all mandatory documentation due dates to ensure itsemployees’ documents and approvals do not prematurely expire and are kept current to meet requirements of theGovernment.

C.3.2.6 The Contractor shall maintain accurate records pertaining to the whereabouts and status of all OCONUSContractor personnel.

C.3.2.7 The Contractor shall ensure that leave schedules of deployed personnel are cleared through the necessarychannels and may be required to maintain continuity of operations. The Contractor shall advise the Laboratoryleadership prior to approving routine leave of its deployed personnel unless such leave is classified as emergencyleave. Emergency leave is defined as unplanned leave necessary to attend to any personal situation beyond theindividual’s control, such as medical, death in the family or other personal situation requiring immediate action. Itis understood that the Government will not be approving or disapproving leave for Contractor personnel.

C.3.3 Software and Database Engineering

The primary capability for the NEFB forensics labs is WEAT, which is a capability that allows the electronicsubmittal of forensic analysis results into a central database. WEAT provides U.S. and coalition forces timely andactionable intelligence in the fight against Counter Improvised Explosive Devices (C-IED). The Contractor shallassist the Government in all aspects of the WEAT (or any derivation of WEAT) lifecycle.

C.3.3.1 The Contractor shall assist the Government in the design and maintenance of WEAT software. TheContractor shall document this design via an Interface Design Description (IDD) (CDRL A002).

C.3.3.2 The Contractor shall assist the Government in the design and maintenance of the WEAT database. TheContractor shall document all design and development within the database and its schemas via a Database DesignDocument (DBDD) (CDRL A003).

C.3.3.3 The Contractor shall assist the Government in the development and maintenance of WEAT software. The Contractor shall document all development through a Software Development Plan (SDP) (CDRL A004).

C.3.3.4 The Contractor shall assist the Government in the testing of the WEAT system. The Contractor shalldocument the system in a System/Subsystem Specification (SSS) (CDRL A005) and document all software testingvia a Software Test Plan (STP) (CDRL A006). The Contractor shall document each formal round of testing with aSoftware Test Report (STR) (CDRL A007).

C.3.3.5 The Contractor shall assist the Government in the definition, collection, and refinement of WEAT

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requirements. The Contractor shall document and maintain these requirements via a Software RequirementsSpecification (SRS) (CDRL A008).

C.3.3.6 The Contractor shall assist the Government in the deployment, implementation, and maintenance ofexisting and future WEAT instances. These WEAT instances may be deployed CONUS, OCONUS or onshipboard and may require additional documentation per location.

C.3.3.7 The Contractor shall assist the Government in the development/refinement of an Operational ConceptDescription (OCD) (CDRL A009). This description shall identify the enterprise architecture for WEAT. The OCDwill guide the Contractor in development and release schedules necessary to develop an enterprise solution. WEATwill be expanded to be used by other U.S. Government agencies (DOJ, DHS, DOS, etc.) and additional coalitionpartners.

C.3.3.8 The Contractor shall modify and maintain the WEAT system to ensure interoperability with LaboratoryInformation Management System (LIMS) Justice Trax and Combined Information Data Network Excange (CIDNE).

C.3.3.9 The Contractor shall assist in the planning, programming, installation, testing, and transition of currentand future instances of WEAT.

C.3.3.10 The Contractor shall perform all WEAT system development support at the unclassified level, unlessotherwise instructed by the Government. The Contractor shall assist the Government in transporting andinstallation of the system updates from the NIPRNET to the SIPRNET and CENTRIX systems at the designatedlocations.

C.3.3.11 The Contractor shall document and adhere to a Government approved Contractor’s ConfigurationManagement Plan (CDRL A010).

C.3.3.12 The Contractor shall update and maintain a WEAT User’s Manual (CDRL A011).

C.3.3.13 The Contractor shall assist in training users on the WEAT capability. Since WEAT is a web basedcapability and the users are US and coalition forces, training may occur where necessary and approved by theGovernment.

C.3.3.14 The Contractor shall assist the Government with documentation, software updates, database updates, andnetwork administration to maintain or attain any WEAT Authority to Operate/Interim Authority to Operate(ATO/ITO).

C.3.3.15 The Contractor shall assist the Government in all accreditation documentation for WEAT installations. The documentation (CDRL A012) shall consist of System Identification Profile (SIP), DIACAP ImplementationPlan (DIP), DIACAP Scorecard, Plan Of Action & Milestones (POAM), and other documentation necessary tosupport accreditation.

C.3.3.16 Identity Management Software Engineering - The Contractor shall support the Government in softwareengineering efforts and programming support required to support software implementation in systems, sub-systems,and components utilizing computers, electronics, and software. The Contractor shall plan, design, code, test,integrate, and deliver algorithms and software (source code and executables) (CDRL A017). The processes used forsoftware development under this contract shall be assessed at software engineering institute (SEI) capability maturitymodel (CMM) level 3 or equivalent. Furthermore, software development shall be in accordance with OpenArchitecture principles. The Contractor shall be required to produce technical documentation and support materialsto be used in preparing specifications for selected capabilities. The Contractor will use the Government's processes. This requirement includes the following efforts:

- The Contractor shall develop engineering change proposals for the analysis and review of performancecharacteristics.

- The Contractor shall develop test and evaluation documentation, to include testing plans, laboratory testing documents, new technology evaluation documents and usability engineering documents.

-The Contractor shall evaluate modifications and upgrades as a result of maintenance efforts, technology refresh,redesign/reengineering, and obsolescence management.

- The Contractor shall provide recommendation for the development of computer based training (CBT), tactical

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decision aids (TACAIDS), platform-specific training, and interactive electronic technical manuals (IETMs).

- The contractor shall provide recommendations for the development of software components for tactical andnon-tactical applications and develop software transition plans for systems conversions to different operatingenvironments.

- The Contractor shall provide recommendations for the procurement of systems and subsystem components insupport of functional and allocated design requirements.

- The Contractor shall participate in Preliminary Design Reviews (PDRs), Critical Design Reviews (CDRs), andProduction Readiness Reviews (PRRs).

- The Contractor shall provide evaluations of computer programs and submit recommendations for the procurementof software application packages based on system requirements.

- The Contractor shall provide software development support for source code visualization and Unified ModelingLanguage (UML) model development.

- The Contractor shall provide software development support for architecture development and system engineeringrepository parsing and scripting (e.g., Python, COREscript, Java, Monarch, etc.).

- The Contractor shall provide software development support for interactive graphical visualizations of systemengineering repository data, including packaging and deployment of standalone visual display products. Theseproducts include intuitive navigation, node dependency analysis, fault tree diagrams, interactive dashboards,interactive calculators and interactive tabulators of system architecture data.

C.3.4 Forensics Support

C.3.4.1 The Contractor shall provide fully qualified personnel to staff forensics facilities. Current forensic facilitylocations consist of Afghanistan, Bahrain, Kuwait, and Atlanta, GA. Other locations will be required oncerequirements are derived from the combatant commands. Staffing requirements for a specific forensic facility will beidentified by the Government. The specialties of these staffing requirements may vary based on the mission focus ofa specific location. Furthermore, the Contractor may be required to temporarily reassign its employees from onelocation to another to assist with heavy workloads, as determined by the Government. The Contractor shall makeall necessary arrangements for its employees to enter, work, and exit the country location of the labs. TheGovernment will provide staffing levels and work areas necessary for each location.

C.3.4.2 Specific forensic facility operations shall be governed by Government-approved procedures. Theseprocedures will be provided as GFI at time of award. The Government reserves the right to unilaterally modify andupdate these procedures as necessary. The SOPs may change based on what military service is running the lab.

C.3.4.3 The Contractor shall be required to provide professional forensics advice to other DoD commands andactivities and provide expert consultative services on specific cases. In certain scenarios, the Contractor shall berequired to train military service members, coalition forces, or local nationals.

C.3.4.4 All records, reports, databases, and other documentation developed and maintained by the Contractor inperformance of the tasks described within this SOW are the property of the Government.

C.3.4.5 Work Schedule - A Work Schedule will be established based on current and anticipated caseloadrequirements at a specific facility. A typical CONUS work schedule will be 40 hours per week, while a typicalOCONUS work schedule could be up to 84 hours per week (12 hours per day, 7 days per week). The Governmentdoes not guarantee a set week, and the Contractor shall be prepared to adjust the work hours to meet caseloaddemands at the assigned facility. OCONUS personnel are not authorized to charge to the order unless called uponfor laboratory work performance.

C.3.4.6 Assessments - Pursuant to DoD Directive 520515e the Executive Agent for DoD forensics is theDepartment of the Army, and the Executive Manager within the Army is the DFSC. The DFSC has established aset of standard operating procedures for the use of the forensic technologies and the Standard Operating Procedures(SOPs) they require for proficiency within each forensic discipline. All forensic Contractors on this task order shallbe required to follow these SOP's when operating in a DFSC run lab. The Contractor's employees shall be requiredto report to the DFSC (Ft. Gillem, Atlanta, GA) to be instructed on the SOP's and then assessed on its proficiencyin using the SOPs and on their specific abilities within their designated field. Only one assessment is given upon

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the completion of the class. All Contractors must pass this assessment to be able to work in any lab this contractsupports for the DFSC. Failure to comply with the SOP's or failure to pass the assessment, employees shall resultin removal from this tasking.

C.3.5 Evidence Management and Handling

C.3.5.1 The Contractor shall receive, process, safeguard, and dispose of physical evidence delivered to labs.

C.3.5.2 Custody of Evidence - The Contractor shall ensure that all items received at the laboratory are properlypackaged and inventoried. Items might not be identifiable if received in opaque packaging, and/or in sealedpackages. Hazardous materials shall be annotated and marked prior to releasing the item(s) to any discipline. TheContractor shall ensure all proper documentation as established by the implementation of US Army Regulation195-5 for Evidence Procedures. For all identifiable evidence received, the Contractor shall ensure each item isinventoried, preserved, safeguarded, and properly disposed of (when authorized) in a timely manner. The Contractorshall, to the best of its ability, protect evidence from loss, deterioration, contamination, or needless damage.

C.3.5.3 Case File Management - The Contractor shall ensure that all documents and information needed for thecase file are received, a case file number is assigned, all required disciplines have submitted analysis, reports, andfindings in the appropriate timeframe, and the case is entered into the appropriate system(s). The Contractor shallensure all metrics from each case are maintained in accordance with the documented procedures.

C.3.5.4 The Contractor shall utilize a Government paperless system to perform the evidence management duties. The current paperless system is the Weapons-Technical-Intelligence Exploitation Analysis Tool (WEAT). In theevent WEAT has been replaced, the Contractor shall use the new system. In the event a paperless system is notavailable at that facility, the Contractor shall keep a paper trail and perform evidence custodian and case filemanagement duties as outlined in the documented procedures. An evidence custodian or case file manager isresponsible for notifying all personnel of any special handling, classification, and suspense date/time foranalysis/reports/findings requirements.

C.3.5.5 The Contractor shall respond to data calls relating to the stated status of each case and evidence item.

C.3.5.6 The Contractor shall periodically review case file records to detect and resolve discrepancies.

C.3.6 Latent Print Processing and Examination

C.3.6.1 The Contractor shall be assigned a case for examination. The case file manager or the evidence custodianshall provide all specific instructions regarding processing and/or suspense date.

C.3.6.2 The Contractor shall maintain control over and document chain of custody for evidence while processingand examining.

C.3.6.3 The Contractor shall photograph all items to document the original condition upon receipt.

C.3.6.4 The Contractor shall perform analysis techniques to determine the existence of latent prints. TheContractor shall identify, mark, photograph, determine suitability, submit, and perform comparisons.

C.3.6.5 The Contractor shall process evidence to determine the presence of latent fingerprints using anydocumented wet and dry laboratory process at its location. Processing methods include, but are not limited to,Cyanoacrylate fuming, stickyside paste, and dyes.

C.3.6.6 The Contractor shall examine evidence for latent prints using all means available, including, specializedlighting sources, conditions, and magnification. All latent prints discovered shall be marked in a non-destructivemanner. The Contractor shall photograph each latent print using photographic equipment capable of producing animage of 1000 dpi or greater. Each photograph of each latent print shall be separately serialized with each evidenceitem and case.

C.3.6.7 The Contractor shall examine the photographic image and determine whether the print has sufficient qualityto make a comparison, and/or to submit to the Automated Biometric Identification System (ABIS). Thisdetermination shall be in accordance with documented criteria.

C.3.6.8 The Contractor shall examine and compare latent prints to known prints. Determining a match shall bebased on best professional judgment of the examiner. Another examiner shall verify matches independently.

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C.3.6.9 The Contractor shall document all examination results/findings in the Weapons Technical IntelligenceExploitation Analysis Tool (WEAT) database. A secondary examiner shall co-sign in the WEAT tool if verificationis agreed, or deliver a separate signed report stating his/her conclusions also in WEAT.

C.3.6.10 The Contractor shall annotate the case file documentation, detailing the processing techniques and theexamination results.

C.3.6.11 The Contractor shall perform administrative and/or technical reviews of reports and worksheets.

C.3.6.12 The Contractor shall ensure, after processing, that all items are returned to the Evidence Custodian forproper storage and any subsequent documentation.

C.3.6.13 The Contractor shall maintain a clean laboratory and personal workspace environment, in accordance withlocal laboratory procedures.

C.3.7 Firearms, Weapons, Ammunition, and Weapons Components Processing. For the purpose of thissection, “Evidence Item” shall refer to any weapon, firearm, accessory, ammunition, or component/piecethereof.

C.3.7.1 The Contractor shall be assigned a case for examination. The case file manager or the evidence custodianshall provide all specific instructions regarding processing and/or suspense date.

C.3.7.2 The Contractor shall assume responsibility for evidence items while processing and examining.

C.3.7.3 The Contractor shall examine and render all evidence items safe.

C.3.7.4 The Contractor shall provide guidance and expertise to Latent Print Examiners for likely locations of latentprints on each evidence item. This guidance may entail adjusting the firearm/weapon/accessory to expose the surfacewherein latent prints can be found.

C.3.7.5 The Contractor shall examine evidence items for any signs indicating make, model, modifications, place oforigin, manufacturer or maker, and serial numbers. The Contractor shall record these observations in the case filedocumentation.

C.3.7.6 For evidence items designed to fire projectiles, the Contractor shall determine if it can safely fireprojectiles. The Contractor shall clearly tag evidence item as “Safe to Fire” or “NOT Safe to Fire.”

C.3.7.7 If the evidence item is determined safe to fire, the Contractor shall draw appropriate standard referenceammunition and test fire the weapon into a projectile catch pit using remote or direct firing device, as deemedappropriate. The Contractor shall retrieve the projectile and cartridge case (if appropriate), and bag and tag thematerials in association with the evidence item number.

C.3.7.8 The Contractor shall perform a hands-on comparison of projectiles and cartridge cases to assess whether thesame firearm likely produced them.

C.3.7.9 The Contractor shall examine evidence items for unique or indicative toolmarks, using magnification,etching, x-ray, and/or photographic techniques to best exploit the evidence items. The Contractor shall observe allOfficer In Charge (OIC) directions related to non-destructive testing.

C.3.7.10 The Contractor shall use photographic equipment to capture still images of each evidence item andrelevant key portions of the evidence item, or other exhibits, to support further analysis, conclusions, anddocumentation.

C.3.7.11 The Contractor shall document examination results/findings in the WEAT database. A secondaryexaminer will co-sign in the WEAT tool if verification is agreed, or deliver a separate signed report stating his/herconclusions also in WEAT.


C.3.7.13 The Contractor shall perform administrative and technical reviews of reports and worksheets.

C.3.7.14 The Contractor shall ensure, after processing, that all evidence items are returned to the Evidence

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Custodian for proper storage and any subsequent documentation.


C.3.8 DNA Analysis

C.3.8.1 The Contractor shall be assigned a case for examination. The case file manager or the evidence custodianwill provide all specific instructions regarding processing and/or suspense date.

C.3.8.2 The Contractor shall assume responsibility for evidence while processing and examining.

C.3.8.3 Pre-Collection Examination and Planning - The Contractor shall examine evidence in consultation withfirearms and latent print analysts (as needed) to ensure proposed collection approach will not negatively impactcollection of other forensic data from the evidence.

C.3.8.4 Collection - The Contractor shall swab or otherwise collect potential DNA samples from evidence usingapproved procedures designed to minimize the possibility of sample contamination. The Contractor may also becalled upon to collect DNA samples from Detainees or other persons for the purpose of subsequent processing andcomparison to evidentiary samples. All samples shall be properly packaged, marked and stored in preparation forextraction.

C.3.8.5 Extraction - The Contractor shall extract DNA from collection samples using procedures designed tominimize the possibility of sample contamination. Procedures being used are determined by who has administrativecontrol of the lab (NAVCENT Exploitation Lab (NEL) or Expeditionary Forensics Lab (EFL).

C.3.8.6 Amplification - The Contractor shall amplify DNA using approved procedures designed to minimize thepossibility of sample contamination.

C.3.8.7 Processing - The Contractor shall process amplified DNA using approved procedures designed to minimizethe possibility of sample contamination.

C.3.8.8 Analysis and Comparison - The Contractor shall analyze the electronic data produced by the DNAprocessing equipment to determine if a likely match exists between DNA collected from evidence to that collectedfrom Detainees or other known persons.

C.3.8.9 The Contractor shall use photographic equipment to capture still images of each evidence item and relevantkey portions of the evidence item, or other exhibits, to support further analysis, conclusions, and documentation.






C.3.9 Forensic Chemistry

C.3.9.1 The Contractor shall be assigned a case for examination. The case file manager or the evidencecustodian will provide all specific instructions regarding processing and/or suspense date.

C.3.9.2 The Contractor shall assume responsibility for evidence while processing and examining.

C.3.9.3 Identification - The Contractor shall perform examinations to identify if substances are drug, explosive, orother. To determine a substance origin the Contractor shall weigh, sample, and analyze the substance. There are

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two primary analytical methods for positive identification to meet acceptable forensic standards, GasChromatography (GC) or Fourier Transform Infrared (FTIR) Spectroscopy.

C.3.9.4 Weighing and Sampling: In instances where statutory requirements or sentencing guidelines designateweight thresholds, sufficient specimens shall be weighed and analyzed to exceed the threshold. Explosives are moresensitive to presumptive testing equipment, therefore only a trace amount of the substance is needed to perform thesetests. For chemical analyses, sample selection shall contain a representation of the entire sample. When samplesize allows, testing shall be applied on separate areas of the material to represent the item as a whole.

C.3.9.5 The Contractor shall compare sample results to a library of known results for the specific instrumentationand chemical being tested.

C.3.9.6 The Contractor shall use photographic equipment to capture still images of each evidence item and relevantkey portions of the evidence item, or other exhibits, to support further analysis, conclusions, and documentation.






C.3.10 Intelligence Analysis

C.3.10.1 The Contractor shall provide subject-matter expertise in the facilitation of biometrics and forensicintelligence related issues, requests for information, tasking, briefings, or other related requirements.

C.3.10.2 The Contractor shall provide liaison with intelligence community and federal law enforcement agenciesas directed to effect a joint approach to biometrics issues and targeting priorities.

C.3.10.3 The Contractor shall assist in collecting, processing and providing reporting of forensic evidence; toinclude evidence chain of custody, handling and transporting procedures.

C.3.10.4 The Contractor shall adhere to all evidence chain of custody procedures necessary to build legally viablecases for prosecution and targeting.

C.3.10.5 The Contractor shall assist in the use of forensics in Host Nation court case prosecutions.

C.3.11 Information Technology and Information Assurance

C.3.11.1 The Contractor shall assist the Government in the installation, operation, maintenance, and trouble-shooting of computers, displays, and lab equipment in support of the CONUS and OCONUS labs. All work oncomputer systems shall be to maintain the systems within local and DoD policies.

C.3.11.2 The Contractor shall assist the Government in the cleanup and sanitation of computers systems if infectedwith viruses or classifications spills. The Contractor shall provide documentation (CDRL A013) to support theGovernment investigations of these incidents when/if they occur.

C.3.11.3 The Contractor shall assist the Government in maintaining an accurate Computer Systems Inventory(CDRL A014). This shall be accomplished through performing system inventories on a periodic basis, establishedby the Government.

C.3.11.4 The Contractor shall assist the Government in performing all necessary modifications to computersystems, such that they conform to local and DoD configuration policies for both software versions and hardwarecomponents.

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C.3.11.5 The Contractor shall maintain appropriate certifications to work on Government systems at theirrespective location. Personnel proposed in the follow categories must possess professional certifications at time ofproposal submission: Senior Latent Print Examiner and Junior Latent Print Examiner require an InternationalAssociation of Identification (IAI) certification. The Information Technology (IT) Engineer, IT Technician, andDatabase Administrator require a DoDI 8570.01-M Information Assurance Technical (IAT) level II certification. TheInformation Assurance Technician requires a DoDI 8570.01-M Information Assurance Manager (IAM) level IIcertification.

C.3.11.6 The Contractor shall assist the Government in the documentation and preparation of systems for thepurpose of attaining an Interim Authority to Operate (IATO) and Authority To Operate (ATO) for any and allinstances of WEAT and any location for any military service being supported by this program or its partners.

C.3.11.7 In support of the overall Identity Management the Contractor shall perform maintenance and technicalsupport for local area networks (LAN) and wide area networks (WAN) that are outside the cognizance of theNavy-Marine Corps Intranet (NMCI). The Contractor shall modify, implement, and maintain web basedinformation systems and links. The Contractor shall modify the WEAT software which is an existing tool. Thecontractor shall ensure that the web based tool allows authorized use access to databases that contain forensic andbiometric (non-US citizens) data. The Contractor shall provide systems engineering and technical support forestablishment, test, upgrade, and operational support of systems, networks, workstations, and support equipmenthardware and software.

C.3.11.8 The Contractor shall assist the Government in information systems design, development, interimoperations and maintenance, information technology architecture, IT planning, and statistical analysis support. Thisincludes Information Technology (IT) support requirements for distributed computing, programming, informationsystems, enterprise management, security management, security requirements, networks and microcomputertechnology, including hardware repair and maintenance, software support, and operation, local and wide area networkadministration, management, operations, and support, tracking, and reporting.

C.3.12 Engineering and Other Technical Services

C.3.12.1 The Contractor shall support the Government in the research, design, development, fabrication,installation, modification, repair, testing, certification and validation of the following systems, subsystems andcomponents associated with the forensics facilities or associated technical programs: portable shelters, containers,electronics, instrumentation, electro-mechanical, mechanical, power and power generation, plumbing, hydraulics,communication, information technology, heating, ventilation and air conditioning systems, and structural.

C.3.12.2 The Contractor shall provide engineering support across the full range of operational requirements, bothCONUS and OCONUS, to include shipboard/at-sea and military/in-theatre duty-station assignments. Personnelsupporting deployed operations shall meet the physical/medical requirements for those assignments.

C.3.12.3 The Contractor shall conduct studies and analysis to determine suitability, feasibility, and cost of systemmodifications. These studies include designing, building, and testing engineering prototypes and fielded systems.

C.3.12.4 The Contractor shall coordinate with the Government, other Contractors, and vendors to ensuremaintenance, repairs, and troubleshooting are performed on the systems and subsystems.

C.3.12.5 The Contractor shall coordinate or perform installation/de-installation, in-service support, modifications,integration, and preventive/corrective maintenance of systems and subsystems. This could include obtainingspecialized training & technical certifications as directed for specialized systems and subsystems.

C.3.13 Logistical and Installation Services

C.3.13.1 The Contractor shall support Government authorized personnel in the receiving, unpacking, inspection,assembly, installation, dismantlement, re-packing, loading for shipment, arrangement of shipping dates, andassociated logistical aspects of receiving, installing, and shipping of items and variant/derivative technologies to andfrom NSWC Dahlgren (or other designated CONUS sites) and to and from deployed forensic facilities OCONUS.

C.3.14 Inert Ordnance Examination and Documentation

C.3.14.1 The Contractor shall use approved procedures, as define by the Combined Explosive Exploitation Cell(CEXC) standard operating procedures, to perform inspections of ordnance components and related items oncecertified as Inert by EOD technicians. This inspection shall be for the purpose of documenting construction

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techniques and practices for entry into the WEAT tool.

C.3.15 Identity Management

C.3.15.1 The Contractor shall support the evaluation and development of identity collection and analysis systems,which include hardware, software, and the interconnecting infrastructure that support Identity Managementoperations.

C.3.15.2 The Contractor shall provide technical support in the areas of collecting digital media, biometric data, andother trait evidence that could be used in military, criminal, and other legal proceedings and the use of informationtechnology (IT) enabling the matching of a live sample(s) to a stored pattern in a database or the use of latentevidence in determining association or lack of association of individual(s) to an incident or crime scene.

C.3.15.3 The Contractor shall provide technical support to a comprehensive tactical and enterprise level identitycollection, matching, and management system or federation of systems based on recent advances in networkedbiometric technology and associated identity, law enforcement, or intelligence IT systems that enhance execution ofDoD, other Government agency and other civil operational tasks oriented to individuals.

C.3.15.4 The Contractor shall provide training on specific identity management equipment as part of a mobiletraining team in both CONUS and OCONUS fleet concentration areas (FCAs).

C.3.16 Integrated Logistics Support (ILS) and Logistics Engineering

C.3.16.1 The Contractor shall conduct Integrated Logistics Support (ILS) and Logistics Engineering in support ofthe development and deployment of assigned systems. This area encompasses logistics planning and managementto enable life-cycle supportability provisions to be initiated for systems under development or poised for fielding.

C.3.17 Document and Media Exploitation (DOMEX)

C.3.17.1 DOMEX evidence presented to the Contractor for exploitation may include but are not limited to: paperdocuments, photographs, computer systems, computer hard drives, external storage drives, thumb drives, compactdiscs, DVDs, video tapes, recorded tapes, digital tape recorders, digital video cameras, communication devices,personal digital assistants, and GPS devices.

C.3.17.2 Pre-Collection Examination and Planning: The Contractor shall examine evidence to determine the beststrategy for exploitation, in consultation with other subject matter experts as needed.

C.3.17.3 Disassembly: The Contractor shall disassemble, as needed, any components or devices when required togain access to digital data.

C.3.17.4 Search and Data Extraction: The Contractor shall search written or digital media, and extract targeted datafor storage and future processing or analysis.

C.3.17.5 Processing and Analysis: The Contractor shall process and analyze extracted data to potentially isolateinformation of specific interest.

C.3.17.6 The Contractor shall annotate the case file documentation, detailing the processing techniques and theexamination results and ensure all reports and worksheets are administratively and technically reviewed as dictatedthrough standard operating procedures for the lab or organization being supported.

C.3.17.7 The Contractor shall maintain a clean laboratory and personal workspace environment, in accordancewith the Laboratory Manager.

C.4 TRAVEL

The Contractor may be required to travel in performance of this task order. Personnel are not relocating, but longterm deployed TDY. The numbers of trips and types of personnel traveling shall be limited to the minimumrequired to accomplish work requirements and shall be pre-approved by the COR. All travel shall be conducted inaccordance with FAR 31.205-46. Projected travel destinations include Afghanistan, Bahrain, Kuwait, and areas inthe following destinations are anticipated but not limited to:

- Atlanta, GA

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- CENTCOM AOR

- PACOM AOR

- AFRICOM AOR

C.5 SECURITY

C.5.1 Personnel providing direct support to this effort will be required to have at a minimum a DoD SECRETclearance and must be maintained throughout the Task Order performance. Proposed personnel in the followingcategories must have a final TOP SECRET clearance and must be SCI eligible (SSBI within the last five years) attime of proposal submission and maintain throughout Task Order performance: Program Manager, Senior SystemAnalyst, Intelligence Analyst, and DOMEX Examiner. The Contractor will have access to information andcompartments with a TOP SECRET / SCI classification. All deliverables associated with this contract areunclassified unless otherwise specified. Access to classified spaces and material and generation of classified materialshall be in accordance with the attached DD Form 254. The Department of Defense Contract Security ClassificationSpecification (DD Form 254) provides the security classification requirements for this task order. The Contractorshall obtain facility and personnel security clearances as directed by the Department of Industrial Security Programprior to starting to work on tasks requiring clearances. Access to classified spaces and material and generation ofclassified material shall be in accordance with the NISPOM and the NSWCDD Command Security Manual.

Military Installation Access to Gillem Enclave Only: All contractor employees, including subcontractors, shallcomply with applicable installation and facility access security policies and procedures at all work and TDYlocations. All contractors and subcontractors will be issued an Installation Pass issued through the AutomatedInstallation Entry (AIE) Security System to access the installation. The Gillem Enclave military installation is alimited access post. Unscheduled gate closures by the installation may occur at any time. All prospectivecontractors will undergo a verification process by the installation Security Office or the Office of Emergency Servicesto determine the trustworthiness and suitability prior to being granted access to federal property. This will beaccomplished using the National Crime Information Center (NCIC) Interstate Identification Index (III). This is theminimum baseline background check for entrance onto DoD Installations for non-CAC holders to include entrance ofvisitors. All personnel entering or exiting the installation may experience a delay due to vehicle inspections,registration checks, verification of seat belt use, etc. All vehicles and personnel are subject to search and seizure. Contractor personnel shall comply with all entry control requirements and security policies/procedures in effect.Security procedures may change without notice.

C.5.2 Access to Non-SCI intelligence is needed in order to utilize intelligence documents related to forensics andbiometrics. Access to SCI intelligence is needed in order to have access to SCIFs. Access to NATO classifiedinformation is required to have SIPRnet access. For Official Use Only (FOUO) and Personally IdentifiableInformation (PII) generated and/or provided under this contract shall be safeguarded and marked as specified in DoD5400.7-R Chapters 3 and 4. Any personal performing IT administrative support or who have a administrativeaccess to their systems will be designated as an administrator/privileged user (IT Level 1) in JPAS. In accordancewith (IAW) DOD/DON Cyber Security Workforce (CSWF) requirements, Contractors assigned to an IT level-Idesignated position with SECRET access will be required to have a favorably adjudicated SSBI completed every 5years. Contractors cannot be designated as an IT-I without a favorably adjudicated SSBI. Contractor's that have afinal clearance and a submitted SSBI that is accepted by OPM along with a favorable fingerprint check (SAC), willbe eligible for IT-I designation. The Command Security Office must review SF-86 paperwork for all contractorsbeing nominated for IT-I designations if the SSBI is not completed. Contractors will not be eligible for IT-Idesignation until the SSBI has been completed and favorably adjudicated. The Government will be responsible forinitiating the SSBI investigation for contractors that are designated as an IT-II and moved to an IT-I position.

C.5.3 Facility Clearance: The Contractor shall possess and maintain a TOP SECRET facility clearance as verifiedwithin the Industrial Security Facility Database.

C.5.4 Physical Security: No safeguarding of classified material is authorized at the Contractor facility. Safeguarding will only be required at the actual performance site listed in Block 13 on the DD254. Actualperformance site’s security regulations and guidelines will apply.

C.5.5 Electronic Spillages (ES) are unacceptable and pose a risk to national security. An electronic spillage isdefined as classified data placed on an information system (IS), media or hardcopy document possessing insufficientsecurity controls to protect the data at the required classification level, thus posing a risk to national security (e.g.,sensitive compartmented information (SCI) onto collateral, Secret onto Unclassified, etc). The Contractor's

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performance as it relates to ES will be continually evaluated by the Government throughout the duration of the TaskOrder. ES reflects on the overall security posture of NSWCDD and a lack of attention to detail with regard to thehandling of classified information of IS security discipline and will be reflected in the Contractor's performancerating. In the event that a Contractor is determined to be responsible for an ES, all direct and indirect costs incurredby the Government for ES remediation will be charged to the Contractor.

C.5.6 NSWCDD Security will continue to be responsible for any corrective action plan in accordance with thesecurity guidance reflected on the DOD Contract Security Classification Specification - DD254. NSWCDD Securitywill identify the Contractor facility and contract number associated with all electronic spillages during theinvestigation that involve Contractor support. NSWCDD Security will notify the Contracts Division with theContractor facility name and contract number, incident specifics and associated costs for clean-up. The ContractingOfficer will be responsible to work with the Contractor Facility to capture the costs incurred during the spillageclean up. The Contractor is also responsible for taking Information Security Awareness training annually, via theirFacility Security Officer (FSO), as part of the mandatory training requirements. If a spillage occurs additionaltraining will be required to prevent recurrence.

C.5.7 Portable Electronic Devices (PEDs)

C.5.7.1 Non-Government and/or personally owned portable electronic devices (PEDs) are prohibited in allNSWCDD buildings with the exception of personally owned cell phones which are authorized for use in spaces upto and including Controlled Access Areas. The Contractor shall ensure the onsite personnel remain compliant withthis PED policy. NSWCDD instruction defines PEDS as the following: any electronic device designed to be easilytransported, with the capability to store, record, receive or transmit text, images, video, or audio data in any formatvia any transmission medium. PEDS include, but are not limited to, pagers, laptops, radios, compact discs andcassette players/recorders. In addition, this includes removable storage media such as flash memory, memory sticks,multimedia cards and secure digital cards, micro-drive modules, ZIP drives, ZIP disks, recordable CDs, DVDs,MP3 players, iPADs, digital picture frames, electronic book readers, kindle, nook, cameras, external hard diskdrives, and floppy diskettes.

C.5.7.2 PEDs belonging to an external organization shall not be connected to NSWCDD networks or infrastructurewithout prior approval from the NSWCDD Information Assurance and Compliance Branch, CXA10. This approvalwill be granted using the TARIS form and action tracker process.

C.5.7.3 Personally owned hardware or software shall not be connected or introduced to any NSWCDD hardware,network or information system infrastructure.

C.5.8 Visits by Foreign Nationals and Foreign Representatives

C.5.8.1 Contract performance may require that the Contractor host, at an off-base location, foreign nationals and/orforeign representatives. A foreign national is a person who is a citizen of a foreign nation, and who is not a citizen ofthe United States. A foreign representative is a person who represents a foreign interest in dealings with the U.S.Government, either directly or through dealings with a U.S. Government Contractor. A foreign representative maybe a United States citizen.

C.5.8.2 A Contractor-hosted visit of a foreign national or foreign representative may be either an “official” visit oran “unofficial” visit. An official visit is a visit where the foreign national or foreign representative is representing aforeign government in an official capacity. An unofficial visit is a visit where the foreign national or foreignrepresentative is not representing a foreign government.

C.5.8.3 A visit by a foreign national or a foreign representative may be either “DoD Sponsored” or “Non-DoDSponsored”. A DoD Sponsored visit is a visit that is coordinated by a DoD entity. A Non-DoD Sponsored visit isa visit that does not involve DoD coordination (A visit by either a foreign national or a foreign representativepursuant to performance by the Contractor under this contract is not considered to be, by itself, a sponsored visit).

C.5.8.4 The Contractor hosting a visit by either a foreign national or a foreign representative is responsible foradherence to Department of Defense and Department of the Navy directives, instructions, regulations, and manualsthat govern foreign disclosure. “Foreign Disclosure” is defined as the disclosure of Classified Military Information(CMI) and Controlled Unclassified Information (CUI) to foreign nationals and/or foreign representatives. Disclosureof such information may be accomplished orally, visually, in writing, or by any other medium.

C.5.8.5 Classified Military Information (CMI). This is information that is originated by or for the Department ofDefense, or a Military Department, or an entity under its jurisdiction and control, and which requires protection in

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the interest of national security. Such information is designated as TOP SECRET, SECRET, or CONFIDENTIAL.

C.5.8.6 Controlled Unclassified Information (CUI). This is information that although unclassified is subject toaccess or distribution limitations in accordance with statute or regulation. Included is information exempt frommandatory release to the public under the Freedom of Information Act, or information that is subject to exportcontrol.

C.5.8.7 Naval Surface Warfare Center Dahlgren Division (NSWCDD) Foreign National Visitor and ForeignDisclosure Application process. The NSWCDD has established a foreign national visitor approval and foreigndisclosure process. Whenever, pursuant to the terms of this contract, a visit to a Contractor facility or Contractorworkspace by a foreign national or foreign representative is anticipated, and one or more NSWCDD employees willbe in attendance at this visit/meeting for the purpose of potential discussions, above the public release level,resulting in disclosure of either CMI or CUI, a completed “NSWCDD Foreign National Visitor and ForeignDisclosure Application” e-form must be supplied to the Contractor’s Facility Security Officer (FSO). Theaccountable NSWCDD personnel attending the meeting must ensure that the NSWCDD disclosure process has beencomplied with and an approved copy of the “NSWCDD Foreign National Visitor and Foreign DisclosureApplication” generated e-form has been provided to the COR and the Contractor’s FSO. The Contractor’s FSOshould ensure that approved copies of the e-form are maintained at their facility as a record of compliance withrequirements set forth in the National Industrial Security Program Operating Manual (NISPOM) as well as therequirements set forth above.

C.5.9 Operations Security (OPSEC)

C.5.9.1 All Contractors (including Subcontractors) shall supplement their current security practices by requiringany personnel involved in executing this contract to complete Government-sponsored and administered OperationsSecurity (OPSEC) training. In addition, all Contractors should be aware of the Critical Information List (CIL) forthe department they are supporting as well as the OPSEC plan for NSWCDD. Upon contract award, all identifiedContractors (including Subcontractors) shall sign a Contractor's conformance statement and submit it to theNSWCDD COR named in block 13 of the attached DD-254 thereby acknowledging that they will meet therequirements of this contract. The COR shall contact their Department Training Coordinator to schedule keyemployees to attend the Government-sponsored OPSEC training. The Contractor must immediately notify theGovernment upon the discovery of any nonconformance with the OPSEC Plan.

C.5.10 Privacy Program Training

C.5.10.1 Privacy Program Training. Privacy training is mandatory for all NSWCDD personnel (military, civilian,and contractor) and must be completed annually. The Total Workforce Management System (TWMS) is the officialdatabase for workforce training and is the preferred tool for taking and recording privacy act training. All NSWCDDpersonnel are responsible for ensuring individual annual privacy training requirements are met.

C.6 ON-SITE ENVIRONMENTAL AWARENESS

C.6.1 The Contractor shall strictly adhere to all Federal, State and local laws and regulations, Executive Orders,and Department of Defense and Navy policies.

b. The Contractor shall ensure that each Contractor employee who has been or will be issued a Common AccessCard (CAC) completes the annual NSWCDD Environmental Awareness Training (EAT) within 30 days ofcommencing contract performance and annually thereafter as directed by their NSWCDD training coordinator or theirCOR.

c. The Contractor shall ensure that each Contractor employee not required to complete the training described in part(b) above (i.e., those who do not have and will not be issued a CAC) reads the NSWCDD Environmental PolicyStatement within 30 days of commencing contract performance. This document will be available from the COR,however, the policy is also provided on the publicly-available NSWCDD website, https://wwwdd.nmci.navy.mil/program/Safety_and_Environmental_Office.

C.6.2 Within 30 days of commencing contract performance, the Contractor shall certify by e-mail to their COR thatthe requirements captured by (b) and (c) above have been met. The e-mail shall include each employee name andwork site and shall indicate which requirement-(b) or (c) above--each employee has satisfied.

C.6.3 Contractor copies of the records generated by the actions described in (b) and (c) above will be maintained

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and disposed of by the Contractor in accordance with SECNAVINST 5210.8D.

C.7 ON-SITE SAFETY REQUIREMENTS

C.7.1 The Contractor shall strictly adhere to Federal Occupational Safety and Health Agency (OSHA) Regulations,Environmental Protection Agency (EPA) Regulations, and all applicable state and local requirements.

C.7.2 The Contractor shall ensure that each Contractor employee reads the document entitled, "Occupational Safetyand Health (OSH) Policy Statement" within 30 days of commencing performance at NSWCDD. This document isavailable at: https://wwwdd.nmci.navy.mil/program/Safety_and_Environmental_Office/Safety/Safety.html

C.7.3 The Contractor shall provide each Contractor employee with the training required to do his/her job safely andin compliance with applicable regulations. The Contractor shall document and provide, upon request,qualifications, certifications, and licenses as directed.

C.7.4 The Contractor shall provide each Contractor employee with the personal protective equipment required todo their job safely and in compliance with all applicable regulations.

C.7.5 Contractors working with ionizing radiation (radioactive material or machine sources) must comply withNAVSEA S0420-AA-RAD-010 (latest revision) [provided upon request]. Prior to bringing radioactive materials ormachine sources on base, the Contractor must notify the Command Radiation Safety Officer in the Safety &Environmental Office.

C.7.6 The Contractor shall ensure that all hazardous materials (hazmat) procured for NSWCDD are procuredthrough or approved through the hazmat procurement process. Hazmat brought into NSWCDD work spaces shallbe reviewed and approved by the Safety & Environmental Office prior to use by submitting an Authorized Use Listaddition form and Safety Data Sheet that shall be routed through the Government supervisor responsible for thespecific work area. The Authorized Use List addition form can be found at https://wwwdd.nmci.navy.mil/program/Safety_and_Environmental_Office/.

C.7.7 Upon request the Contractor shall submit their OSHA 300 Logs (injury/illness rates) for review by the SafetyOffice. If a Contractor's injury/illness rates are above the Bureau of Labor & Statistics industry standards, a safetyassessment will be performed by the Safety Office to determine if any administrative or engineering controls can beutilized to prevent further injuries/illnesses, or if any additional PPE or training will be required.

C.7.8 Applicable Contractors shall submit Total Case Incident Rate (TCIR) and Days Away, Restricted andTransfer (DART) rates for the past three years upon request by the Safety Office. A Contractor meets the definition ofapplicable if its employees worked 1,000 hours or more in any calendar quarter on site and where oversight is notdirectly provided in day to day activities by the command.

C.7.9 The Contractor shall report all work-related injuries/illnesses that occurred while working at NSWCDD tothe Safety Office and the COR.

C.7.10 The Contractor shall ensure that all on-site Contractor work at NSWCDD is in accordance with theNSWCDDINST 5100.1D Occupational Safety and Health Instruction, available at: https://wwwdd.nmci.navy.mil/program/Safety_and_Environmental_Office/Safety/Safety.html

C.7.11 Gillem Enclave Only: Contractors will be expected to conform to the requirements for employee safetyincluding, but not limited to, OSHA, post fire safety requirements, severe weather protection, general laboratorysafety protocols, etc.

C.8 SHIPBOARD PROTOCOL

C.8.1 This tasking may involve platform engineering and fleet support onboard ship. As such, the offeror isreminded of his responsibility to assure that shipboard protocol is stringently followed. Specifically, visit clearancesmust be arranged through the Government sponsor and must be forwarded to the individual command being visitedas well as to all supporting commands, such as the base, squadron, tender, etc. that the visitor must pass through toget to the ship; the Contractor is responsible for obtaining and maintaining specialized training (i.e. nuclearawareness, safety, quality control, etc.) and certification (i.e. SUBSAFE certificates etc.); personnel performing onboard US Navy Ships must have at least a Secret Security Clearance; if not led by a Government representative theContractor is responsible for briefing the ship/command upon arrival; and the Contractor is responsible for debriefingthe ship/command upon departure to include operational status of the equipment.

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C.8.2 The Contractor shall ensure its personnel adhere to these requirements when performing shipboard tasking.Compliance shall be reported in the Monthly Status report (CDRL A015).

C.8.3 All assigned personnel must possess at least a SECRET Security Clearance.

C.8.4 All personnel, while shipboard, shall conform to the rules and regulations of the ship. It is the responsibilityof the Contractor to determine the proper rules, regulations, actions, policy and procedures.

C.8.5 Alarms - actual or drill shall be reported and procedures appropriately adhered.

C.8.6 Safety - hardhats, tag-outs, safety shoes, goggles, safety harnesses, etc., as appropriate shall be utilized.

C.8.7 Some shipboard tasking may require ascending and descending vertical ladders to and from the highestpoints of the ship both pier side and underway.

C.8.8 Must be able stand; walk; climb stairs; balance; stoop; kneel; crouch or crawl around and lift a maximum of50 lbs (single person) in the test environment.

C.8.9 HAZMAT - Bringing hazardous materials aboard, using hazardous materials is strictly prohibited.

C.8.10 The designated team lead shall, upon arrival, brief the Commanding Officer or his/her designatedrepresentative as to the purpose of the visit and expected duration.

C.8.11 The designated team lead shall, upon final departure, debrief the Commanding Officer or his/her designatedrepresentative as to the success of the tasking and the operational condition of affected equipment.

C.8.12 The Contractor shall comply with COMUSFLTFORCOM/COMPACFLT INSTRUCTION 6320.3Aregarding the medical and dental screening of all personnel that may embark aboard any U.S. Navy vessel.

C.8.13 The Contractor shall be ensure that repair and maintenance employees working aboard vessels, dry docksand piers shall have a valid 10 hour OSHA Maritime Shipyard Employment Course #7615 completion card within60 days of employment.

C.9 DIRECT CHARGE OF MATERIALS AND EQUIPMENT - OTHER DIRECT COSTS (ODCs)

C.9.1 Materials and Equipment Costs - During the performance of this task order it may be necessary for theContractor to procure materials or equipment (hereafter referred to as “materials”) to respond to the missionrequirements listed in the Statement of Work. This task order is issued from a service contract and the procurementof materials of any kind that are not directly related to and necessary for contract performance may be determined tobe unallowable costs pursuant to FAR Part 31. The term “material” includes supplies, parts, equipment, hardware,and Information Technology (IT) resources including hardware, services, and software. Any material provided by theContractor is subject to the requirements of the FAR, DFARS, and the applicable Department of Navy regulationsand instructions. Charges related to materials costs may include general and administrative (G&A) expenses butshall not include fee or profit.

C.9.2 Allowable List of Materials

Consumable ODCs include material and supplies that are utilized in the execution of SOW tasking and are nottransferrable to the Government at the end of the task order. Examples of consumable ODCs are:

- Prototyping & Mock Up Materials (e.g., plywood, foam-core)

- Exhibit Materials (e.g., posters, handouts)

- Meeting Support Materials (e.g., briefing packages, flip chart, markers)

- Training Materials (e.g., binders, hand-outs)

ASSET ODCs - Asset ODCs include equipment and property procured in support of the execution of SOW taskingand are transferrable to the Government at the end of the task order. COR concurrence is required prior to Contractorprocurement of Asset ODCs. In the case of Information Technology assets, all government approval processes mustbe completed prior to Contractor procurement. Assets procured during the execution of this task order shall beaccounted for and reported in accordance with the Contractor property management tracking and accountability.

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Examples of Asset ODCs are:

- Laboratory Equipment/Infrastructure (e.g., staging, fans, information technology)

- Experimental Support Devices (e.g., gauges, biometric measuring instruments)

- Standards and Reference Materials

C.9.3 Approvals

Prior written approval from the Contracting Officer shall be required for all purchases of materials under the followingcircumstances:

(1) A purchase of materials that are above $3,000 but no more than $10,000 per individual item purchase may beexecuted with COR review and written approval. Advance PCO approval is not required.

(2) A purchase of materials that exceeds $10,000 per individual purchase may NOT be executed unless the CORReviews the proposed purchase and the PCO issues written approval.

(3) Separate multiple purchases of amounts valued below those thresholds stated in this section shall not besubmitted to circumvent the COR and PCO review and approval procedure. Splitting purchase requirements todefeat purchasing thresholds shall not be approved.

C.9.4 Procedure for Obtaining COR and CO Approval

To obtain COR and/or PCO approval, the contractor shall:

(a) Submit a written request for purchase of materials to the COR through e-mail. The COR shall review therequest. If it is in accordance with C.5.2.3 above and requires PCO approval, the COR shall submit the request viathe Contract Specialist to the PCO for review and approval.

(b) Minimum requirements for a written request for purchase are as follows

(1) Complete description of the material to be purchased

(2) Quantity

(3) Unit Cost and Total Cost

(4) Estimated Delivery/Freight charges

(5) Any associated service charges such as assembly, configuration, packing, etc.

(6) An explanation of the need for the material

(7) List the competitive quotes received from potential suppliers

(8) The basis for the selection of the selected supplier

(9) Explanation of the determination of price reasonableness regarding the selected supplier costs

(10) If the procurement is sole sourced to a particular supplier or manufacturer, include the rationale for limiting theprocurement to that supplier or manufacturer.

(11) The contractor may seek the assistance of the Contract Specialist for guidance on item 10 above.

(c) Once the COR and/or CO have reviewed the request, the Government shall notify the contractor of the outcome.

Issues or details may be discussed with the Contract Specialist acting on behalf of the CO until a final Governmentdetermination is made as to whether to approve, modify, or reject the purchase.

(d)The contractor is required to possess and maintain an adequate Property Management System throughout

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performance.

C.10. NON-DISCLOSURE AGREEMENTS (NDAs)

C.10.1 Contractor personnel may be required, from time to time, to sign non-disclosure statements as applicable tospecific to the Statement of Work tasking. The COR will notify the Contractor of the number and type of personnelthat will need to sign the Non-Disclosure agreements. The signed Non-Disclosure Agreements shall be executedprior to accessing data or providing support for information that must be safeguarded and returned to the COR forendorsement and retention. Copies of all executed NDAs shall be provided to the COR and the Contracting Officer.

C.11. SENSITIVE, PERSONAL INFORMATION

C.11.1 Work under this contract may require that personnel have access to Privacy Information. Contractorpersonnel shall adhere to the Privacy Act, Title 5 of the U.S. Code. Section 552a and applicable agency rules andregulations. Access to and preparation of sensitive information subject to privacy Act and Business Sensitivesafeguarding and destruction may be required in the execution of tasking associated with this contract.Administratively sensitive information/data must not be shared outside of the specific work areas. All personnel withaccess to Privacy Act data in support of this contract must sign a Privacy Act certification.

C.12. NON-PERSONAL SERVICES/INHERENTLY GOVERNMENTAL FUNCTIONS

C.12.1 The Government will neither supervise Contractor employees nor control the method by which theContractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or preparework schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage itsemployees and to guard against any actions that are of the nature of personal services or give the perception thatpersonal services are being provided. If the Contractor feels that any actions constitute, or are perceived to constitutepersonal services, it shall be the Contractor's responsibility to notify the Contracting Officer immediately.

C.12.2 Inherently-Governmental functions are not within the scope of this Task Order. Decisions relative toprograms supported by the Contractor shall be the sole responsibility of the Government. The Contractor may berequired to attend technical meetings for the Government; however, they are not, under any circumstances,authorized to represent the Government or give the appearance that they are doing so.

C.13 DIGITAL DELIVERY OF DATA

(a) Delivery by the Contractor to the Government of certain technical data and other information is now frequentlyrequired to be made in digital form rather than in hardcopy form. The method of delivery of such data and/or otherinformation (i.e., in electronic, digital, paper hardcopy, or other form) shall not be deemed to affect in any way eitherthe identity of the information (i.e., as “technical data” or “computer software”) or the Government’s and theContractor’s respective rights therein.

(b) Whenever technical data and/or computer software deliverables required by this contract are to be delivered indigital form, any authorized, required, or permitted markings relating to the Government’s rights in and to suchtechnical data and/or computer software must also be digitally included as part of the deliverable and on or in thesame medium used to deliver the technical data and/or software. Such markings must be clearly associated with thecorresponding technical data and/or computer software to which the markings relate and must be included in such away that the marking(s) appear in human-readable form when the technical data and/or software is accessed and/orused. Such markings must also be applied in conspicuous human- readable form on a visible portion of any physicalmedium used to effect delivery of the technical data and/or computer software. Nothing in this paragraph shall replaceor relieve the Contractor’s obligations with respect to requirements for marking technical data and/or computersoftware that are imposed by other applicable clauses such as, where applicable and without limitation, DFARS252.227-7013 and/or DFARS 252.227-7014.

(c) Digital delivery means (such as but not limited to Internet tools, websites, shared networks, and the like)sometimes require, as a condition for access to and/or use of the means, an agreement by a user to certain terms,agreements, or other restrictions such as but not limited to “Terms of Use,” licenses, or other restrictions intendedto be applicable to the information being delivered via the digital delivery means. The Contractor expresslyacknowledges that, with respect to deliverables made according to this contract, no such terms, agreements, or otherrestrictions shall be applicable to or enforceable with respect to such deliverables unless such terms, agreements, orother restrictions expressly have been accepted in writing by the Procuring Contracting Officer; otherwise, theGovernment’s rights in and to such deliverables shall be governed exclusively by the terms of this task order.

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C.14 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

(a) The Contractor shall report ALL Contractor labor hours (including Subcontractor labor hours) required forperformance of services provided under this contract for the Naval Surface Warfare Center Dahlgren Division via asecure data collection site. The Contractor is required to completely fill in all required data fields using thefollowing web address https://doncmra.nmci.navy.mil.

(b) Reporting inputs will be for the labor executed during the period of performance during each Government fiscalyear (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, alldata shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the helpdesk, linked at https://doncmra.nmci.navy.mil.

C.15 Identification of Contractor Employees

In accordance with FAR 37.114 contract employees shall identify themselves as a contractor at all times while onthe job, e.g., in the workplace, when attending meetings, in email, when answering government telephones, orwhen making phone calls.

CONTRACT CLAUSES:

HQ C-1-0001 ITEMS A001-A017 - DATA REQUIREMENTS (NAVSEA) (SEP 1992)

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DDForm 1423, Exhibit(s) A001-A017, attached hereto.

CDRL NO. TITLE DATA ITEM DESCRIPTION

A001 PROGRAM MANAGEMENT PLAN PROGRAM PLAN

A002 INTERFACE DESIGN DESCRIPTION (IDD)

A003 DATABASE DESIGN DOCUMENT (DBDD)

A004 SOFTWARE DEVELOPMENT PLAN (SDP)

A005 SYSTEM/SUBSYSTEM SPECIFICATION (SSS)

A006 SOFTWARE TEST PLAN

A007 SOFTWARE TEST REPORT (STR)

A008SOFTWARE REQUIREMENTSSPECIFICATION (SRS)

A009OPERATIONAL CONCEPT DESCRIPTION(OCD)

A010CONTRACTOR’SCONFIGURATIONMANAGEMENT PLAN

CONFIGURATION MANAGEMENT PLAN

A011 SOFTWARE USER MANUAL (SUM) WEAT USER'S MANUAL

A012 TECHNICAL REPORT – STUDY/SERVICES DIACAP DOCUMENTATION

A013 TECHNICAL REPORT-STUDY/SERVICESCOMPUTER VIRUS/SPILLAGE DOCUMENTATION

A014 INVENTORY CHECKLIST/RECORD COMPUTER SYSTEMS INVENTORY

A015CONTRACTING OFFICER’S MANAGEMENTREPORT

MONTHLY

A016 PRESENTATION MATERIAL IN PROGRESS REVIEW BRIEFING

A017COMPUTER SOFTWARE PRODUCT ENDITEMS

EXECUTABLE SOFTWARE

HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE (NAVSEA) (JUN 1994)

(a) Performance under this contract may require that the Contractor have access to technical data, computer software,

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or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data orsoftware is required or to be provided, the Contractor shall enter into a written agreement with such party prior togaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, theproprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2)safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or softwareremains proprietary. In addition, the agreement shall not impose any limitation upon the Government or itsemployees with respect to such data or software. A copy of the executed agreement shall be provided to theContracting Officer. The Government may unilaterally modify the contract to list those third parties with which theContractor has agreement(s).

(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to therestrictions under which access is granted; (2) not disclose the data or software to another party or other Contractorpersonnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, oremployment wherein this information will be used, other than under this contract, in any manner inconsistent withthe spirit and intent of this requirement; (4) not disclose the data or software to any other party, such as jointventure, affiliate, successor, or assignment of the Contractor; and (5) reproduce the restrictive stamp, marking, orlegend on each use of the data or software whether in whole or in part.

(c) The restrictions on use and disclosure of the data and software described above also apply to such informationreceived from the Government through any means to which the Contractor has access in the performance of thiscontract that contains proprietary or other restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual,company, or Government representative not directly involved in the effort to be performed under this contract to gainaccess to such proprietary information. Such notification shall include the name and organization of the individual,company, or Government representative seeking access to such information.

(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to informationcovered by paragraph (a), substituting "Subcontractor" for "Contractor" where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

HQ C-2-0004 ACCESS TO THE VESSEL(S) (AT) (NAVSEA) (JAN 1983)

Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall,as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) whereand as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill theirrespective obligations to the Government. The Contractor shall make reasonable arrangements with the Governmentor Contractors of the Government, as shall have been identified and authorized by the Supervisor to be givenadmission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilitiesand services, necessary for the performance of the respective responsibilities involved, and reasonable to theirperformance. (End of Text)

HQ C-2-0005 ACCESS TO VESSELS BY NON-U.S. CITIZENS (NAVSEA) (DEC 2005)

(a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels, work sites and adjacentareas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding byCOMNAVSEA or his designated representative that such access should be permitted in the best interest of theUnited States. The Contractor shall establish procedures to comply with this requirement and NAVSEAINST5500.3 (series) in effect on the date of this contract or agreement.

(b) If the Contractor desires to employ non-U.S. citizens in the performance of work under this contract or agreementthat requires access as specified in paragraph (a) of this requirement, approval must be obtained prior to access foreach contract or agreement where such access is required. To request such approval for non-U.S. citizens of friendlycountries, the Contractor shall submit to the cognizant Contract Administration Office (CAO), an Access ControlPlan (ACP) which shall contain as a minimum, the following information:

(1) Badge or Pass oriented identification, access, and movement control system for non-U.S. citizen employees withthe badge or pass to be worn or displayed on outer garments at all times while on the Contractor's facilities andwhen performing work aboard ship.

(i) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive

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identification.

(ii) Access authorization and limitations for the bearer must be clearly established and in accordance with applicablesecurity regulations and instructions.

(iii) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten or nolonger required badges, must be established.

(iv) A badge or pass check must be performed at all points of entry to the Contractor's facilities or by a sitesupervisor for work performed on vessels outside the Contractor's plant.

(2) Contractor's plan for ascertaining citizenship and for screening employees for security risk.

(3) Data reflecting the number, nationality, and positions held by non-U.S. citizen employees, including proceduresto update data as non-U.S. citizen employee data changes, and pass to cognizant CAO.

(4) Contractor's plan for ensuring subcontractor compliance with the provisions of the Contractor's ACP.

(5) These conditions and controls are intended to serve as guidelines representing the minimum requirements of anacceptable ACP. They are not meant to restrict the Contractor in any way from imposing additional controlsnecessary to tailor these requirements to a specific facility.

(c) To request approval for non-U.S. citizens of hostile and/or communist-controlled countries (listed in Departmentof Defense Industrial Security Manual, DOD 5220.22-M or available from cognizant CAO), Contractor shall includein the ACP the following employee data: name, place of birth, citizenship (if different from place of birth), date ofentry to U.S., extenuating circumstances (if any) concerning immigration to U.S., number of years employed byContractor, position, and stated intent concerning U.S. citizenship. COMNAVSEA or his designated representativewill make individual determinations for desirability of access for the above group. Approval of ACP's for access ofnon-U.S. citizens of friendly countries will not be delayed for approval of non-U.S. citizens of hostile communistcontrolled countries. Until approval is received, Contractor must deny access to vessels for employees who arenon-U.S. citizens of hostile and/or communist-controlled countries.

(d) The Contractor shall fully comply with approved ACPs. Noncompliance by the Contractor or subcontractorserves to cancel any authorization previously granted, in which case the Contractor shall be precluded from thecontinued use of non-U.S. citizens on this contract or agreement until such time as the compliance with an approvedACP is demonstrated and upon a determination by the CAO that the Government's interests are protected. Further,the Government reserves the right to cancel previously granted authority when such cancellation is determined to bein the Government's best interest. Use of non-U.S. citizens, without an approved ACP or when a previousauthorization has been canceled, will be considered a violation of security regulations. Upon confirmation by theCAO of such violation, this contract, agreement or any job order issued under this agreement may be terminated ordefault in accordance with the clause entitled "DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)" (FAR52.249-8), "DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT)" (FAR 52.249-9) or"TERMINATION (COST REIMBURSEMENT)" (FAR 52.249-6), as applicable.

(e) Prime Contractors have full responsibility for the proper administration of the approved ACP for all workperformed under this contract or agreement, regardless of the location of the vessel, and must ensure compliance byall subcontractors, technical representatives and other persons granted access to U.S. Navy vessels, adjacent areas,and work sites.

(f) In the event the Contractor does not intend to employ non-U.S. citizens in the performance of the work under thiscontract, but has non-U.S. citizen employees, such employees must be precluded from access to the vessel and itswork site and those shops where work on the vessel's equipment is being performed. The ACP must spell out hownon-U.S. citizens are excluded from access to contract work areas.

(g) The same restriction as in paragraph (f) above applies to other non-U.S. citizens who have access to theContractor's facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility,etc.)(End of Text)

HQ C-2-0011 COMPUTER SOFTWARE AND/OR COMPUTER DATABASE(S) DELIVERED TOAND/OR RECEIVED FROM THE GOVERNMENT (NAVSEA) (APR 2004)

(a) The Contractor agrees to test for viruses all computer software and/or computer databases, as defined in the clause

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entitled “RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMERCIAL COMPUTERSOFTWARE DOCUMENTATION” (DFARS 252.227-7014), before delivery of that computer software or computerdatabase in whatever media and on whatever system the software is delivered. The Contractor warrants that anysuch computer software and/or computer database will be free of viruses when delivered.

(b) The Contractor agrees to test any computer software and/or computer database(s) received from the Governmentfor viruses prior to use under this contract.

(c) Unless otherwise agreed in writing, any license agreement governing the use of any computer software to bedelivered as a result of this contract must be paid-up and perpetual, or so nearly perpetual as to allow the use of thecomputer software or computer data base with the equipment for which it is obtained, or any replacement equipment,for so long as such equipment is used. Otherwise the computer software or computer database does not meet theminimum functional requirements of this contract. In the event that there is any routine to disable the computersoftware or computer database after the software is developed for or delivered to the Government, that routine shallnot disable the computer software or computer database until at least twenty-five calendar years after the delivery dateof the affected computer software or computer database to the Government.

(d) No copy protection devices or systems shall be used in any computer software or computer database deliveredunder this contract to restrict or limit the Government from making copies. This does not prohibit licenseagreements from specifying the maximum amount of copies that can be made.

(e) Delivery by the Contractor to the Government of certain technical data and other data is now frequently requiredin digital form rather than as hard copy. Such delivery may cause confusion between data rights and computersoftware rights. It is agreed that, to the extent that any such data is computer software by virtue of its delivery indigital form, the Government will be licensed to use that digital-form data with exactly the same rights andlimitations as if the data had been delivered as hard copy.

(f) Any limited rights legends or other allowed legends placed by a Contractor on technical data or other datadelivered in digital form shall be digitally include on the same media as the digital-form data and must be associatedwith the corresponding digital-form technical data to which the legends apply to the extent possible. Such legendsshall also be placed in human-readable form on a visible surface of the media carrying the digital-form data asdelivered, to the extent possible.

HQ C-2-0014 CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailedobligations to which the Contractor committed itself in Proposal ______dated _____ in response to NAVSEASolicitation No. N00024-15-R-3081 .

(b) The technical volume(s) of the Contractor's proposal is incorporated by reference and hereby made subject to theprovisions of the "ORDER OF PRECEDENCE" (FAR 52.215- 8) clause of this contract. Under the "ORDER OFPRECEDENCE" clause, the technical volume of the Contractor's proposal referenced herein is hereby designated asitem (f) of the clause, following "the specification" in the order of precedence.

HQ C-2-0032 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT – ALTERNATEII (NAVSEA) (SEP 2009)

(a) NAVSEA Form 4340/2 or Schedule C, as applicable, Government Furnished Information, attached hereto,incorporates by listing of specific reference, all the data or information which the Government has provided or willprovide to the Contractor except for

(1) The specifications set forth in Section C, and

(2) Government specifications, including drawings and other Government technical documentation which arereferenced directly or indirectly in the specification set forth in Section C and which are applicable to this contract asspecifications, and which are generally available and provided to Contractors or prospective Contractors upon properrequest, such as Federal or Military Specifications, and Standard Drawings, etc.

(b) Except for the specifications referred to in subparagraph (a)(1) and (2) above, the Government will not beobligated to provide to the Contractor any specification, drawing, technical documentation or other publicationwhich is not listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable,

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notwithstanding anything to the contrary in the specifications, the publications listed or specifically referenced inNAVSEA Form 4340/2 or Schedule C, as applicable, the clause entitled “GOVERNMENT PROPERTY” (FAR52.245-1) OR “GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES” (FAR 52.245-2), asapplicable, or any other term or condition of this contract.

(c)(1) The Contracting Officer may at any time by written order:

(i) delete, supersede, or revise, in whole or in part, data listed or specifically referenced in NAVSEA Form 4340/2 orSchedule C, as applicable; or

(ii) add items of data or information to NAVSEA Form 4340/2 or Schedule C, as applicable; or

(iii) establish or revise due dates for items of data or information in NAVSEA Form 4340/2 or Section C, asapplicable.

(2) If any action taken by the Contracting Officer pursuant to subparagraph (c)(1) immediately above causes anincrease or decrease in costs of, or the time required for, performance of any part of the work under this contract, theContractor may be entitled to an equitable adjustment in the contract amount and delivery schedule in accordancewith the procedures provided for in the “CHANGES” clause of this contract.

HQ C-2-0037 ORGANIZATIONAL CONFLICT OF INTEREST (NAVSEA) (JUL 2000)

(a) "Organizational Conflict of Interest" means that because of other activities or relationships with other persons, aperson is unable or potentially unable to render impartial assistance or advice to the Government, or the person'sobjectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitiveadvantage. "Person" as used herein includes Corporations, Partnerships, Joint Ventures, and other businessenterprises.

(b) The Contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in thecontract, the Contractor does not have any organizational conflict of interest(s) as defined in paragraph (a).

(c) It is recognized that the effort to be performed by the Contractor under this contract may create a potentialorganizational conflict of interest on the instant contract or on a future acquisition. In order to avoid this potentialconflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of theContractor to participate in future procurement of equipment and/or services that are the subject of any work underthis contract shall be limited as described below in accordance with the requirements of FAR 9.5.

(d) (1) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result indisclosure to any party outside the Government any information provided to the Contractor by the Governmentduring or as a result of performance of this contract. Such information includes, but is not limited to, informationsubmitted to the Government on a confidential basis by other persons. Further, the prohibition against release ofGovernment provided information extends to cover such information whether or not in its original form, e.g., wherethe information has been included in Contractor generated work or where it is discernible from materialsincorporating or based upon such information. This prohibition shall not expire after a given period of time.

(2) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result indisclosure to any party outside the Government any information generated or derived during or as a result ofperformance of this contract. This prohibition shall expire after a period of three years after completion of performanceof this contract.

(3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of theContractor, any subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor,any entity into or with which it may merge or affiliate, or any successor or assign of the Contractor. The terms ofparagraph (f) of this Special Contract Requirement relating to notification shall apply to any release of information incontravention of this paragraph (d).

(e) The Contractor further agrees that, during the performance of this contract and for a period of three years aftercompletion of performance of this contract, the Contractor, any affiliate of the Contractor, any subcontractor,consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with whichit may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not furnish to theUnited States Government, either as a prime contractor or as a subcontractor, or as a consultant to a prime contractor

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or subcontractor, any system, component or services which is the subject of the work to be performed under thiscontract. This exclusion does not apply to any recompetition for those systems, components or services furnishedpursuant to this contract. As provided in FAR 9.505-2, if the Government procures the system, component, orservices on the basis of work statements growing out of the effort performed under this contract, from a source otherthan the contractor, subcontractor, affiliate, or assign of either, during the course of performance of this contract orbefore the three year period following completion of this contract has lapsed, the Contractor may, with theauthorization of the cognizant Contracting Officer, participate in a subsequent procurement for the same system,component, or service. In other words, the Contractor may be authorized to compete for procurement(s) for systems,components or services subsequent to an intervening procurement.

(f) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest, itshall make immediate and full disclosure in writing to the Contracting Officer. The notification shall include adescription of the actual or potential organizational conflict of interest, a description of the action which theContractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevantinformation that would assist the Contracting Officer in making a determination on this matter. Notwithstandingthis notification, the Government may terminate the contract for the convenience of the Government if determined tobe in the best interest of the Government.

(g) Notwithstanding paragraph (f) above, if the Contractor was aware, or should have been aware, of an organizationalconflict of interest prior to the award of this contract or becomes, or should become, aware of an organizationalconflict of interest after award of this contract and does not make an immediate and full disclosure in writing to theContracting Officer, the Government may terminate this contract for default.

(h) If the Contractor takes any action prohibited by this requirement or fails to take action required by thisrequirement, the Government may terminate this contract for default.

(i) The Contracting Officer's decision as to the existence or nonexistence of an actual or potential organizationalconflict of interest shall be final.

(j) Nothing in this requirement is intended to prohibit or preclude the Contractor from marketing or selling to theUnited States Government its product lines in existence on the effective date of this contract; nor, shall thisrequirement preclude the Contractor from participating in any research and development or delivering any designdevelopment model or prototype of any such equipment. Additionally, sale of catalog or standard commercial itemsare exempt from this requirement.

(k) The Contractor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate oradvise the Government concerning its own products or activities or those of a competitor in order to ensure propersafeguards exist to guarantee objectivity and to protect the Government's interest.

(l) The Contractor shall include this requirement in subcontracts of any tier which involve access to information orsituations/conditions covered by the preceding paragraphs, substituting "subcontractor" for "contractor" whereappropriate.

(m) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remediesprovided by law or elsewhere included in this contract.

(n) Compliance with this requirement is a material requirement of this contract.

HQ C-2-0051 SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including itsattachments).

(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) aspecification cited in a first-tier drawing.

(b) Requirements.

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All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be usedfor guidance only.

HQ C-2-0059 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

If, during the performance of this or any other contract, the Contractor believes that any contract contains outdated ordifferent versions of any specifications or standards, the Contractor may request that all of its contracts be updated toinclude the current version of the applicable specification or standard. Updating shall not affect the form, fit orfunction of any deliverable item or increase the cost/price of the item to the Government. The Contractor shallsubmit update requests to the Procurement Contracting Officer with copies to the Administrative Contracting Officerand cognizant Program Office Representative for approval. The Contractor shall perform the contract in accordancewith the existing specifications and standards until notified of approval/disapproval by the Procuring ContractingOfficer. Any approved alternate specifications or standards will be incorporated into the contract.

HQ C-2-0063 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES(NAVSEA) (APR 2004)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor",to manage its file room, in which all official contract files, including the official file supporting this procurement, areretained. These official files may contain information that is considered a trade secret, proprietary, business sensitiveor otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File roommanagement services consist of any of the following: secretarial or clerical support; data entry; documentreproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronicmail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file roommanagement services are acquired will contain a requirement that: The support contractor not disclose anyinformation;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the officialcontract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, orcompeting to do so, to NAVSEA for the period of performance of its contract and for an additional three yearsthereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of directaction against the support contractor, or any person to whom the support contractor has released or disclosedprotected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to anyinformation, irrespective of restrictive markings or the nature of the information submitted, by its file roommanagement support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractorsare free to enter into separate non-disclosure agreements with the file room contractor. (Please contact Director, EBusiness Division for contractor specifics.) However, any such agreement will not be considered a prerequisite beforeinformation submitted is stored in the file room or otherwise encumber the government.

HQ C-2-0065 SOFTWARE DEVELOPMENT REQUIREMENTS (NAVSEA) (SEP 2012)

(a) The contractor shall define a general Software Development Plan (SDP) appropriate for the computer softwareeffort to be performed under this contract. The SDP shall, at a minimum:

(1) Define the contractor's proposed life cycle model and the processes used as a part of that model. In this context,the term "life cycle model" is as defined in IEEE Std. 12207:2008;

(2) Contain the information defined by ISO/IEC/IEEE 15289:2011, section 7.3 (generic content) and the Mapping ofISO/IEC 12207:2008 (IEEE Std. 12207:2008) Clauses to Information Items for Each Software Life Cycle Process inTable 2 of ISO/IEC/IEEE 15289:2011. In all cases, the level of detail shall be sufficient to define all software

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development processes, activities, and tasks to be conducted;

(3) Identify the specific standards, methods, tools, actions, strategies, and responsibilities associated withdevelopment and qualification;

(4) Document all processes applicable to the system to be acquired, including the Primary, Supporting, andOrganizational life cycle processes as defined by IEEE Std. 12207:2008 as appropriate. Such processes shall beequivalent to those articulated by CMMI®;

(5) Include the content defined by all information items listed in Table 2 of ISO/IEC/IEEE 15289:2011, asappropriate for the system and be consistent with the processes proposed by the developers;

(6) Adhere to the characteristics defined in section 6.1 ISO/IEC/IEEE 15289:2011, as appropriate;

(7) Describe the overall life cycle and include primary, supporting, and organizational processes based on the workcontent of this contract;

(8) Be in accordance with the framework defined in IEEE Std. 12207:2008, including, but not limited to, definingthe processes, the activities to be performed as a part of the processes, the tasks which support the activities, and thetechniques and tools to be used to perform the tasks;

(9) Contain a level of information sufficient to allow the use of the SDP as the full guidance for the developers. Inaccordance with 7.3 of ISO/IEC/IEEE 15289:2011, such information shall at a minimum contain, specific standards,methods, tools, actions, reuse strategy, and responsibility associated with the development and qualification of allrequirements, including safety and security.

(b) The SDP shall be delivered to the Government for concurrence under CDRL and shall not vary significantly fromthat proposed to the Government for evaluation for award. The contractor shall follow the Government concurredwith SDP for all computer software to be developed or maintained under this effort. Any changes, modifications,additions or substitutions to the SDP also require prior Government concurrence.

Ddl-C30 HAZARDOUS MATERIALS USED ON GOVERNMENT SITE

(a) This clause applies if hazardous materials are utilized at any time during the performance of work on aGovernment site. Under this Task Order, Hazardous materials are defined in Federal Standard No. 313 and includeitems such as chemicals, paint, thinners, cleaning fluids, alcohol, epoxy, flammable solvents, or asbestos.

(b) The Contractor shall have an active Hazard Communication Program in place for all Contractor employees per29 C.F.R. 1910.1200. Before delivery of any hazardous materials onto Government property, the Contractor shallprovide the both the PCO and the Contracting Officer's Representative (COR) with an inventory and Material SafetyData Sheet (MSDS) for these materials.

Ddl-C41 TERMINATION OF EMPLOYEES WITH NSWCDD BASE ACCESS

(a) The Contractor shall insure that all employees who have a Common Access Card (CAC) turn in the CACimmediately upon termination of their employment under this order. The above requirement shall be made a part ofthe standard employee facility clearance procedures for all separated personnel. The Contractor shall adviseNSWCDD Physical Security of all changes in their contract personnel requiring NSWCDD base access.

(b) For involuntarily separated personnel and those separated under adverse circumstances, the Contractor shallnotify NSWCDD Physical Security in advance of the date, time and location where the NSWCDD representativemay physically retrieve the CAC prior to the employee departing the Contractor’s facility. In the event the employeeis separated in his or her absence, the Contractor shall immediately notify NSWCDD Physical Security of theseparation and make arrangements between the former employee and NSWCDD Physical Security for the return ofthe CAC.

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SECTION D PACKAGING AND MARKING

D.1 HQ-D-1-0001 DATA PACKAGING LANGUAGE

Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in thecontract.

All unclassified data to be shipped shall be prepared for shipment in accordance with best commercial practices.

Classified reports, data, and documentation shall be prepared for shipment in accordance with National IndustrialSecurity Program Operating Manual (NISPOM), DOD 5220.22-M dated 28 February 2006.

D.2 HQ-D-2-0008 MARKING OF REPORTS (NAVSEA) (SEP 1990)

All reports delivered by the Contractor to the Government under this contract shall prominently show on the coverof the report:

(1) Name and business address of the Contractor

(2) Contract number

(3) Contract dollar amount

(4) Whether the contract was competitively or non-competitively awarded

(5) Sponsor:

________________________________________________________

(Name of Individual Sponsor)

________________________________________________________

(Name of Requiring Activity)

________________________________________________________

(City and State)

All Deliverables shall be packaged and marked IAW Best Commercial Practice.

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SECTION E INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

E.2 TASK ORDER REVIEW AND ACCEPTANCE PROCEDURES

(a) This Task order as defined in FAR 37.6. Contractor performance will be evaluated in accordance with the QualityAssurance Surveillance Plan (QASP) that is provided below.

(b) The QASP defines this evaluation and acceptance to be part of the annual Contractor Performance AssessmentReporting System (CPARS). The contractor may obtain more information regarding the CPARS process at thefollowing internet site: http://cpars.navy.mil

E.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

E.3.1 PURPOSE

E.3.1.1 This Quality Assurance Surveillance Plan is a Government-developed and applied document used to makesure the systematic quality assurance methods are used in the administration of this contract. The intent is to ensurethat the contractor performs in accordance with the performance objectives and the Government receives the quality ofservices called for in the contract. In addition, this QASP provides the specific criteria and process to be followed indetermining whether to exercise any options.

E.3.1.2 The purpose of the QASP is to describe the systematic methods used to monitor performance and to identifythe required documentation and the resources to be employed. The QASP provides a means for evaluating whetherthe Contractor is meeting the performance standards/quality levels identified in the SOW and the Contractor’squality control plan (QCP), and to ensure that the Government pays only for the level of services required/received.

E.3.1.3 This QASP defines the roles and responsibilities of Government personnel involved in the evaluation of thequality of contractor performance, identifies the performance objectives, defines the methodologies used to monitorand evaluate the Contractor’s performance, describes quality assurance documentation requirements, and describesthe analysis of quality assurance monitoring results.

E.3.2 AUTHORITY

Authority for issuance of this QASP is provided under Contract Section E – Inspection and Acceptance whichprovides for inspections and acceptance of the services and deliverables called for in service contracts to be executedby the Contracting Officer or a duly authorized representative.

E.3.3 SCOPE

E.3.3.1 The SOW structures the acquisition around "what" services or quality level is required, as opposed to"how" the contractor should perform the work (i.e., results, not compliance). This QASP will define the performancemanagement approach taken to monitor and manage the Contractor’s performance to ensure the expected outcomesor performance objectives communicated in the SOW are achieved. Performance management rests on developing acapability to review and analyze information generated through performance assessment. The ability to makedecisions based on the analysis of performance data is the cornerstone of performance management, this analysisyields information that indicates whether expected outcomes for the project are being achieved by the Contractor.

E.3.3.2 Performance management represents a significant shift from the more traditional Quality Assurance (QA)concepts in several ways. Performance management focuses on assessing whether outcomes are being achieved and towhat extent. This approach migrates away from scrutiny of compliance with the processes and practices used toachieve the outcome. The only exceptions to process reviews are those required by law (federal, state, and local) andcompelling business situations, such as safety and health. A "results" focus provides the Contractor flexibility tocontinuously improve and innovate over the course of the Contract (TO) as long as the critical outcomes expectedare being achieved and/or the desired performance levels are being met.

E.3.3.3 The Contractor is responsible for the quality of all work performed. The Contractor measures that qualitythrough the Contractor’s own QCP. Quality control is work output, not workers, and therefore includes all workperformed under this task order regardless of whether the work is performed by Contractor employees or bySubcontractors. The Contractor’s QCP will set forth the staffing and procedures for self-inspecting the quality,timeliness, responsiveness, customer satisfaction, and other performance requirements in the SOW. The Contractor

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will develop and implement a performance management system with processes to assess and report its performanceto the designated Government representative. This QASP enables the Government to take advantage of theContractor’s QCP.

E.3.3.4 The Government will assess performance using the Contractor Performance Assessment Reporting System(CPARS) to determine how the Contractor is performing against communicated performance objectives. TheContractor Performance Assessment Report (CPAR) assesses a Contractor’s performance, both positive and negative,and provides a record on a given contract during a specified period of time. More information pertaining to CPARScan be found at: https://www.cpars.gov. Each assessment will be based on objective data (or measurable, subjectivedata when objective data is not available) supportable by program and contract management data. CPARperformance expectations will be addressed in the Government and Contractor’s initial post-award meeting.Potential sources of data may include the following:

- Status and progress reviews

- Production and management reviews

- Management and engineering process reviews (e.g. risk management, requirements management, etc.)

- Cost performance reports and other cost and schedule metrics

- Other program measures and metrics such as:

- Measures of progress and status of resources

- Measures of deliverable timeliness and accuracy

- Measures of product quality and process performance

- Fleet and sponsor feedback/comments and satisfaction ratings

- Systems engineering and other technical progress reviews

- Technical interchange meetings

- Physical and functional configuration audits

- Quality reviews and quality assurance evaluations

- Functional performance evaluations

- Subcontract Reports

E.3.3.5 A preliminary CPARS evaluation/rating will be performed in conjunction with the QASP according to theschedule as noted in paragraph E.3.5 below. The purpose of this review is to determine whether the Contractor isperforming at least at a "Satisfactory" level for each major element assessed using Table 1. This methodology willbe utilized as an important factor in determining whether to exercise Options 1, 2, and 3 under the task order.Further, the formal CPARS ratings are used as reference material by others in source selection.

E.3.4 ROLES AND RESPONSIBILITIES

E.3.4.1 PROCURING CONTRACTING OFFICER (PCO)

E.3.4.1.1 An individual duly appointed with the authority to enter into contracts and make related determinationand findings on behalf of the Government. The PCO for this task order is identified in Section G, Ddl-G10Government Contract Administration Points-of-Contact and Responsibilities. PCOs are designated via a writtenwarrant, which sets forth limitations of their respective authority.

E.3.4.1.2 The PCO ensures performance of all necessary actions for effective contract administration ensurescompliance with the terms of the contract and safeguards the interests of the United States in the contractualrelationship. It is the PCO that ensures the Contractor receives impartial, fair and equitable treatment under theorder. The PCO is ultimately responsible for the final determination of the acceptability of the Contractor’sperformance.

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E.3.4.2 CONTRACT SPECIALIST

E.3.4.2.1 An individual assigned by the PCO to provide daily administration of the contract.

E.3.4.2.2 Provides input to the PCO and the COR as to the quality of performance for areas addressed in thisQASP.

E.3.4.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

E.3.4.3.1 An individual appointed in writing by the PCO to act as their authorized representative to assist intechnical administration of the order. The COR is appointed in the contract award. The limitations of authority arecontained in a written letter of appointment which is a formal attachment to this task order.

E.3.4.3.2 The COR is responsible for technical administration of the Contract and assures proper Governmentsurveillance of the Contractor’s technical performance. The COR provides QASP reports to the PCO.

E.3.4.3.3 The COR is not empowered to make any contractual commitments or to authorize any changes on theGovernment’s behalf. Any changes that the Contractor deems may affect contract price, terms, or conditions shall bereferred to the PCO for action.

E.3.4.4 SUBJECT MATTER EXPERT (SME)

E.3.4.4.1 SMEs are individuals who may be assigned by the COR to perform limited technical oversight of specificprojects, work areas, or Technical Instructions issued under the contract.

E.3.4.4.2 The SME provides input to the COR as to the quality of technical performance for their respective area(s)of expertise.

E.3.4.4.3 A SME cannot, in any manner, alter the scope of the contract, make commitments or authorize anychanges on the Government’s behalf.

E.3.5 SCHEDULE

The initial QASP evaluation will be finalized no later than the end of month eight (8) of the base period. QASPevaluations for the option periods shall follow the same schedule described in this section. In order to accomplishthis, the following schedule applies:

E.3.5.1 Contractor Self-Assessment (written) due to the Contracting Officer and the COR no later than the end ofmonth seven (7) of the period of performance based on the first six (6) months of support for the base period and eachtwelve (12) month period thereafter. Failure of the Contractor to make a timely delivery will be viewed as theContractor’s overall inability to comply with Contract schedules.

E.3.5.2 COR Written Assessment due to the Contracting Officer no later than the end of week two (2) of montheight (8) of the period of performance.

E.3.5.3 Week four (4) of month eight (8) of the period of performance. The Contracting Officer will review theContractor Self-Assessment and the COR Written Assessment, determine an overall performance rating for theperiod, and provide a copy to the Contractor.

E.3.5.4. Interim Evaluation – The COR can provide feedback to the PCO at anytime during the period ofperformance. The PCO will provide this feedback to the Contractor upon receiving it, if the feedback indicates thatthe Contractor is not meeting the acceptable performance standards as defined herein.

E.3.5.5 Degradation of Performance - If following a favorable evaluation, the Government experiences a seriousdegradation in the overall quality of performance, the PCO has the unilateral right to repeat the evaluation processduring the remaining period of performance

E.3.6 IDENTIFICATION OF REQUIRED PERFORMANCE STANDARDS/QUALITY LEVELS

E.3.6.1 Table 1 provides the Overall Performance Ratings. Table 3 provides the Task Performance EvaluationCriteria and Standards for each Major Performance Element.

E.3.6.2 The overall performance ratings and standards are included in Table (1), "Overall Performance Ratings". If

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the Contractor meets the required service or performance level, the Contractor will receive positive preliminaryQASP and CPARS ratings. If the Contractor fails to meet the required performance level, the result will be negativeQASP and CPARS ratings.

E.3.6.3 If the Contractor fails to meet the required performance level based on the preliminary review conducted inaccordance with the QASP (See E.3), the Government may not exercise the next Option period under the task order.To meet the required performance level, the Contractor must receive at least a "Satisfactory" rating (see Table 1) foreach of the five (5) major elements that are evaluated (Task Performance, Staffing, Customer Satisfaction,Management Performance, and Cost Management and Efficiency) for the performance period being evaluated. (SeeTable 3).

E.3.7 METHODOLOGIES TO MONITOR PERFORMANCE

E.3.7.1 SURVEILLANCE TECHNIQUES

In an effort to minimize the performance management burden, simplified surveillance methods shall be used by theGovernment to evaluate Contractor performance when appropriate. The COR will use the following methods ofsurveillance:

- Random monitoring

- 100% Inspection

- Periodic Inspection

- Customer Feedback

E.3.7.2 CUSTOMER FEEDBACK

E.3.7.2.1 The Contractor is expected to establish and maintain professional communication between its employeesand customers. The primary objective of this communication is customer satisfaction. Customer satisfaction is themost significant external indicator of the success and effectiveness of all services provided and can be measuredthrough customer complaints.

E.3.7.2.2 Performance management drives the Contractor to be customer focused through initially and internallyaddressing customer complaints and investigating the issues and/or problems but the customer always has theoption to communicate complaints to the PCO, as opposed to the Contractor.

E.3.7.2.3 Customer complaints, to be considered valid, must set forth clearly and in writing the detailed nature ofthe complaint, must be signed, and must be forwarded to the COR. The COR will accept those customercomplaints, investigate and work with the PCO and Contractor to resolve the issue.

E.3.7.2.4 Customer feedback may also be obtained either from the results of formal customer satisfaction surveys orfrom random customer complaints.

E.3.8 QUALITY ASSURANCE DOCUMENTATION

E.3.8.1 THE PERFORMANCE MANAGEMENT FEEDBACK LOOP

The performance management feedback loop begins with the communication of expected outcomes. Performancestandards are expressed in Table 1.

E.3.8.2 MONITORING SYSTEM

The Government’s QA surveillance, accomplished by the COR, in conjunction with the PCO, will be reportedusing the methodology described herein. Interim evaluations will be done IAW paragraph E.3.5.0 as input toOption Exercise determinations. Formal CPARS evaluations shall be conducted on an annual basis.

Table 1 – Overall Performance Rating

Overall Performance Rating Standard

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ExceptionalPerformance meets contractual requirements and exceeds many requirements to theGovernment’s benefit

Very GoodPerformance meets contractual requirements and exceeds some requirements to theGovernment’s benefit

Satisfactory Performance meets contractual requirements

MarginalPerformance does not meet some contractual requirements. The element being assessedreflects a serious problem for which the Contractor has not yet implementedsatisfactory corrective measures.

UnsatisfactoryPerformance does not meet contractual requirements and recovery is not likely in atimely manner. Contractor’s corrective actions to date are ineffective.

Table 2 – QASP Objectives

QASP OBJECTIVES

Assessment PeriodAcceptable PerformanceDefinition

Schedule Incentives

Base PeriodOverall Performancerating of at least"Satisfactory"

In accordance with theQASP Schedule; annuallyusing the CPARS systemcovering the previous 8months.

(+) Meet the acceptableperformance definition asa condition for exercise ofOption 1.

(-) Does not meet theacceptable performancedefinition as a conditionfor exercise of Option 1.

Option 1Overall PerformanceRating of at least"Satisfactory"



(-) Does not meet theacceptable performancedefinition as a conditionfor the exercise of Option2.

Option 2Overall PerformanceRating of at least "VeryGood"



(-) Does not meet theacceptable performancedefinition as a conditionfor the exercise of Option

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3.

Option 3

In accordance with theQASP Schedule; annuallyusing the CPARS Systemcovering the previous 12months.

Final CPARS Ratings

Table 3 – Task Performance Evaluation Criteria and Standards

ELEMENTUNSATIS-FACTORY

MARGINALSATIS-FACTORY

VERY GOOD EXCEPTIONAL

I. TaskPerformance

Timeliness

Contractorfrequently missesdeadlines, or isslow ornon-responsive torespond toGovernmentrequests.

Contractoroccasionallymisses deadlines,schedules or isslow oroccasionallynon-responsive torespond toGovernmentrequests.

Contractorroutinely meetsdeadlines,schedules, quicklyresponds toGovernmentrequests.

Contractorroutinely meetsdeadlines andschedules andoccasionallydelivers early andrespondsimmediately toGovernmentrequests.

Contractorroutinely deliversahead of deadlines,schedules, andrespondsimmediately toGovernmentrequests.

Quality

Deliverables aretypically not wellresearched andcontain manytechnicalinaccuracies.Rework isfrequentlyrequired.

Deliverables areoccasionally notwell researchedand contain sometechnicalinaccuracies.Rework isoccasionallyrequired.

Deliverablesreceived are wellresearched,complete andtechnicallyaccurate. No morethan one (1)revision istypically needed toaccept the item.Other deliverablesmeet all Contractrequirements.

Data Deliverablesreceived are wellresearched,complete andtechnicallyaccurate. Otherdeliverables meetall Contractrequirements.

Data Deliverablesreceived are alwayswell researched,complete andtechnicallyaccurate. Theyfrequently exceedtechnicalexpectations.Rework is notrequired. Otherdeliverablestypically exceed allContractrequirements.

II. Staffing

Contractorprovidesmarginallyqualified orunqualifiedpersonnel.

Lapses in coverageoccur regularly.

Contractorprovidesmarginallyqualifiedpersonnel.

Lapses incoverable occurmore thanoccasionally.

Contractor providesqualified personnel.

Lapses in coverageoccur occasionallyand are successfullymanaged by thecontractor with tominimize impacton timeliness orquality.

Contractor providesa mix of qualifiedand highlyqualified personnel.

Lapses in coverageare rare and aresuccessfullymanaged by theContractor with noimpact on

Contractor provideshighly qualifiedpersonnel.

Lapses in coverageare non-existent; noimpact ontimeliness orquality. New/and orsubstitute resumessubmitted IAW

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New/and orsubstitute resumessubmitted IAWcontract reqmts.

Personnel workproducts fullyconsistent withresumequalifications.

timeliness orquality. New/and orsubstitute resumessubmitted IAWcontract reqmts.

Personnel workproducts fullyconsistent withresumequalifications

contract reqmts.

Personnel workproducts fullyconsistent withresumequalifications.

III. CustomerSatisfaction

Fails to meetcustomerexpectations

Contractoroccasionally failsto meet customerexpectations.

Meets customerexpectations.

Routinely meets oroccasionallyexceeds customerexpectations.

Exceeds customerexpectations.

IV.ManagementPerformance

Problem

Resolution

Problems areunresolved,repetitive, or takeexcessiveGovernmenteffort to resolve.

Problems aregenerally resolvedbut take unusualGovernment effortto resolve or takean excessiveamount of time toresolve.

Problems areresolved quicklywith minimalGovernmentinvolvement.

Problems occurinfrequently and aregenerally resolvedquickly withminimalGovernmentinvolvement.

Problems arenon-existent or theContractor takescorrective actionwithoutGovernmentinvolvement.

Responsive-

ness

Contractor’smanagement isunresponsive toGovernmentrequests andconcerns.

Contractor’smanagement isoccasionallyunresponsive toGovernmentrequests andconcerns.

Contractor’smanagement isresponsive toGovernmentrequests andconcerns.

Contractor’smanagement isresponsive torequests andconcerns andoccasionallyproactive inanticipatingconcerns.

Contractor’smanagement takesproactive approachin dealing withGovernmentrepresentatives andanticipatesconcerns.

Communi-cation

Contractor failsto communicatewith Governmentin an effectiveand timelymanner.

Contractoroccasionally failsto communicatewith Governmentin an effective andtimely manner.

Contractorroutinelycommunicates withGovernment in aneffective and timelymanner.

Contractorroutinelycommunicates withGovernment in aneffective and timelymanner and itfrequently proactivein managingcommunications.

Contractor takesproactive approachsuch thatcommunicationsare almost alwaysclear, effective andtimely.

V. CostManagement &

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Efficiency

Cost Mgmt &Reporting

Contractorregularlyexperiences costoverruns. Costreports are late andcontain errors.Invoicing is notaccurate orsubmitted in atimely manner.Supporting detailis missing orincomplete.Subcontractorinvoices are rarelypaid in a timelymanner.

Contractor mayexperienceoccasional costoverruns. Costreports areoccasionally lateand/or containerrors. Invoices areoccasionally lateor contain errors.

Supporting detailcontainsoccasional errors.

Subcontractorinvoices are notpaid in a timelymanner. SBsubcontractorinvoices are notexpedited.

Contractorroutinely completesthe effort within theoriginally agreed-toestimated cost.Funds andresources used incost-effectivemanner. Costreports are timely,accurate, completeand clearly written.

Invoices are timelyand accurate. Allsupporting detail isprovided.

Subcontractorinvoices are paid ina timely manner.SB subcontractorinvoices areexpedited.

Contractorroutinely completesthe effort within theoriginally agreed-toestimated cost andexperiencesoccasional costunderruns.

Funds andresources used incost-effectivemanner. Costreports are timely,accurate, completeand clearly written.



Contractor oftencompletes the effortat lower thanestimated costs.Funds andresources used in amost cost-effectivemanner. Costreports are timely,accurate, completeand clearly written.



Other DirectCost (ODC)

ODCs are notaccurately ortimely reported orinvoiced.

Errors are notquickly corrected.Does not complywith contractrequirements forODCauthorizations.Burdened unitcosts usuallyhigher thanproposed.

ODCs areoccasionally notreported orinvoiced in timelymanner. Errors notconsistentlycorrected in atimely manner.Occasionally doesnot comply withauthorizationrequirements incontract.

Burdened unitcosts arefrequently higherthan proposed.

ODCs areaccurately andtimely reported andinvoiced. Anyerrors noted arequickly corrected.Contractorcomplies withcontractrequirements forODC authorization98% of time.

Burdened unitcosts are rarelyhigher thanproposed.

ODCs areaccurately andtimely reported andinvoiced. Errors arerare and quicklycorrected.Contractorcomplies withcontractrequirements forODC authorization100% of time.Burdened unitcosts areoccasionally lowerthan proposed.

ODCs areaccurately andtimely reported andinvoiced.Contractorcomplies withcontractrequirements forODC authorization100% of time.Burdened unitcosts are oftenlower thanproposed.

HQ E-1-0001 INSPECTION AND ACCEPTANCE LANGUAGE FOR DATA

Inspection and acceptance of all data shall be as specified on the attached Contract Data Requirements List(s), DDForm 1423.

HQ E-1-0007 INSPECTION AND ACCEPTANCE LANGUAGE FOR LOE SERVICES

Item(s) 7000 – 7300 Inspection and Acceptance shall be made by the Contracting Officer’s Representative (COR) atNSWCDD, Dahlgren Virginia.

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SECTION F DELIVERABLES OR PERFORMANCE

The periods of performance for the following Items are as follows:

7000 7/29/2016 - 7/28/2017

7001AA 7/29/2016 - 7/28/2017

7001AB 7/29/2016 - 7/17/2017

7001AC 9/6/2016 - 7/28/2017

7001AD 9/6/2016 - 7/28/2017

7001AE 9/23/2016 - 7/28/2017

7001AF 9/23/2016 - 7/28/2017

9000 7/29/2016 - 7/28/2017

9001AA 7/29/2016 - 7/28/2017

9001AB 7/29/2016 - 7/17/2017

9001AC 9/6/2016 - 7/28/2017

9001AD 9/6/2016 - 7/28/2017

9001AE 9/6/2016 - 7/28/2017

9001AF 9/23/2016 - 7/28/2017

9001AG 9/23/2016 - 7/28/2017

CLIN - DELIVERIES OR PERFORMANCE

The periods of performance for the following Items are as follows:

7000 7/29/2016 - 7/28/2017

7001AA 7/29/2016 - 7/28/2017

7001AB 7/29/2016 - 7/17/2017

7001AC 9/6/2016 - 7/28/2017

7001AD 9/6/2016 - 7/28/2017

7001AE 9/23/2016 - 7/28/2017

7001AF 9/23/2016 - 7/28/2017

9000 7/29/2016 - 7/28/2017

9001AA 7/29/2016 - 7/28/2017

9001AB 7/29/2016 - 7/17/2017

9001AC 9/6/2016 - 7/28/2017

9001AD 9/6/2016 - 7/28/2017

9001AE 9/6/2016 - 7/28/2017

9001AF 9/23/2016 - 7/28/2017

9001AG 9/23/2016 - 7/28/2017

The periods of performance for the following Option Items are as follows:

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7100 7/29/2017 - 7/28/2018

7101AA 7/29/2017 - 7/28/2018

7200 7/29/2018 - 7/28/2019

7201AA 7/29/2018 - 7/28/2019

7300 7/29/2019 - 7/28/2020

7301AA 7/29/2019 - 7/28/2020

9100 7/29/2017 - 7/28/2018

9101AA 7/29/2017 - 7/28/2018

9200 7/29/2018 - 7/28/2019

9201AA 7/29/2018 - 7/28/2019

9300 7/29/2019 - 7/28/2020

9301AA 7/29/2019 - 7/28/2020

The periods of performance for the Data Items are as follows:7099 07/29/2016 - 07/28/20177199 07/29/2017 - 07/28/20187299 07/29/2018 - 07/28/20197399 07/29/2019 - 07/28/2020

Note. Periods of Performance may be adjusted to align with the award date.

F2 PLACE OF PERFORMANCE

The Contractor shall provide analytical and operations support services to the Government in accordance with thiswork statement. This Statement of Work (SOW) will be performed primarily at the Contractor's facility(ies), whichshall be in SeaPort-e Zone 2 (National Capital Zone). Meetings and interface will occur primarily at NSWCDDDahlgren in Dahlgren, VA.

Project activities under this requirement are also located at Atlanta, GA with other projected activities and meetingsat CENTCOM AOR, PACOM AOR, and FRICOM AOR.

CONTRACT CLAUSES:

HQ F-1-0003 PERFORMANCE LANGUAGE FOR LOE SERVICES

The Contractor shall perform the work described in SECTION C, at the level of effort Specified in SECTION B, asfollows:

ITEM(S) FROM TO

7001 07/29/2016 07/28/2017 7101 07/29/2017 07/28/20187201 07/29/2018 07/28/20197301 07/29/2019 07/28/2020

HQ F-2-0003 DATA DELIVERY LANGUAGE FOR SERVICES ONLY PROCUREMENTS

All data to be furnished under this contract shall be delivered prepaid to the destination(s) and at the time(s)specified on the Contract Data Requirements List(s), DD Form 1423.

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SECTION G CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING DATA

The award document will include Accounting Data at the end of Section G. All lines of accounting are listedsequentially under a heading that identifies the particular action (award or modification number) under which thefunding was obligated. Under Seaport-e, all funding is identified/obligated at the SubCLIN (SLIN) level. SLINs areestablished sequentially by the Seaport-e software. Each obligation of funds receives a unique SLIN identifier, unlessthe funds are an increase to an existing line of accounting (ACRN). Thus, an individual project/work area that isfunded incrementally could have multiple SLINs. Accounting for expenditures at the SLIN level is required.

G.2 SPECIAL INVOICE INSTRUCTIONS

Each SLIN providing funding designates a specific project area/work area/work breakdown structure (WBS) item.Tracking and reporting shall be accomplished at the project/work area/WBS item level. Each identified project/workarea/WBS shall be invoiced by its associated CLIN and ACRN. If multiple ACRNs are associated with a singleproject/work area/WBS, the contractor shall consult with the Contracting Officer Representative for additionalinvoicing instructions.

G.3 PAYMENT INSTRUCTION

In accordance with (DFARS) PGI 204.7108 "Line item specific: Single Funding"(d) (1) INVOICING ANDPAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION CITATIONS The followingpayment instructions apply to this task order:

252.204-0001 Line Item Specific: Single Funding. (SEP 2009) The payment office shall make payment using theACRN funding of the line item being billed.

Note: The Government may change the Payment Instruction.

G.4 Ddl-G10 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT ANDRESPONSIBILITIES

Procuring Contracting Officer (PCO):

(a) Name: Code: Address: Phone: E-mail:

(b) PCO responsibilities are outlined in FAR 1.602-2. The PCO is the only person authorized to approve changesin any of the requirements of this Task Order, notwithstanding provisions contained elsewhere in this contract, thesaid authority remains solely the PCO’s. The contractor shall not comply with any order, direction or request ofGovernment personnel unless it is issued in writing and signed by the Contracting Officer or is pursuant to specificauthority otherwise included as part of this contract. In the event the contractor effects any change at the direction ofany person other than the PCO, the change will be considered to be unauthorized.

Contract Specialist:

(a) Name: Code: Address: Phone: E-mail:

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(b) The Contract Specialist is the representative of the Contracting Officer for all contractual

matters.

Administrative Contracting Officer (ACO):

(a) Name:

Address:

Phone:

E-mail:

(b) The Administrative Contracting Officer (ACO) of the cognizant Defense Contract Management Agency (DCMA)is designated as the authorized representative of the Contracting Officer for purposes of administering this Task Orderin accordance with FAR 42.3. However, in view of the technical nature of the supplies and services to be furnished,technical cognizance is retained by the Naval Surface Warfare Center, Dahlgren Division.

Contracting Officer Representative (COR):

(a) Name:

Code:

Address:

Phone:

E-mail:

(b) The COR is the PCO’s appointed representative for technical matters. The COR is not a contracting officer anddoes not have the authority to direct the accomplishment of effort which is beyond the scope of the Task Order or tootherwise change any Task Order requirements. An informational copy of the COR appointment letter whichprovides a delineation of COR authority and responsibilities is provided as an attachment to this Task Order.

Alternate Contracting Officer Representative (ACOR):

(a) Name:

Code:

Address:

Phone:

E-mail:

(b) The ACOR is responsible for COR responsibilities and functions in the event that the COR is unavailable dueto leave, illness, or other official business. The ACOR is appointed by the PCO; a copy of the ACOR appointmentis provided as an attachment to this Task Order.

Government Subject Matter Expert (SME)

The Government SME is the COR's subject matter expert (SME) for specific work areas.

*Bill Tremper [email protected]

*Stan Fissel [email protected]

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mailto:[email protected]

G.5 CONSENT TO SUBCONTRACT

For subcontracts and consulting agreements for services, where the prime contractor anticipates that hours deliveredwill be counted against the hours in the Level of Effort clause below, Consent to Subcontract authority is retained bythe Procuring Contracting Officer.

The following subcontractors are approved on this order:

*4LNS, Inc. dba The Gravity Jack Partnership

*Chimera Enterprises International Inc.

*InCadence Strategic Solutions

*Inflowlogistics, LLC

*Oak Ridge Associated Universities

*Shine Systems & Technologies

*The Mayvin Consulting Group, Inc.

*Visual Awareness Technologies & Consulting, Inc,

G.6 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit,activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide AreaWorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is doneexternal to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests andreceiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests andReceiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management athttps://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registrationavailable at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based TrainingCourse and use the Practice Training Site before submitting payment requests through WAWF. Both can beaccessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic DataInterchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submittingpayment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Cost Voucher

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

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WAWF, as specified by the contracting officer.

Destination (N00178)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill inapplicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0338

Issue By DoDAAC N00178

Admin DoDAAC S2404A

Inspect By DoDAAC Not Applicable

Ship to Code Not Applicable

Ship From Code Not Applicable

Mark for Code Not Applicable

Service Approver (DoDAAC) N00178

Service Acceptor (DoDAAC) Not Applicable

Accept at Other DoDAAC Not Applicable

LPO DoDAAC Not Applicable

DCAA Auditor DoDAAC HAA47B

Other DoDAAC(s) Not Applicable

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includesappropriate contract line item and subline item descriptions of the work performed or supplies delivered, unitprice/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F,(e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the "SendAdditional Email Notifications" field of WAWF once a document is submitted in the system.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’sWAWF point of contact: .

(2) For technical WAWF help, contact the WAWF helpdesk at .

G.7 HQ G-2-0009 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (APR 2015)

(a) For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costsincurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the technicalinstruction (TI), sub line item number (SLIN), or contract line item number (CLIN) level, rather than on a totalcontract/TO basis, and to submit invoices reflecting costs incurred at that level. Supporting documentation in WideArea Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well asoverall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime)invoiced; as well as, a cost breakdown of other direct costs (ODCs), materials, and travel, by TI, SLIN, or CLINlevel. For other than firm fixed price subcontractors, subcontractors are also required to provide labor categories,rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and

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travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWFinvoice submittal. Subcontractors may email encryption code information directly to the Contracting Officer (CO)and Contracting Officer Representative (COR). Should the subcontractor lack encryption capability, thesubcontractor may also email detailed supporting cost information directly to the CO and COR; or other method asagreed to by the CO.

(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic DataInterchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the CORand CO on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does notprovide the COR and CO email notification as required herein.

G.8 EARLY DISMISSAL AND CLOSURE OF GOVERNMENT FACILITIES

When a Government facility is closed and/or early dismissal of Federal employees is directed due to severe weather,security threat, or a facility related problem that prevents personnel from working, onsite Contractor personnelregularly assigned to work at that facility should follow the same reporting and/or departure directions given toGovernment personnel. The Contractor shall not direct charge to the contract for time off, but shall follow parentcompany policies regarding taking leave (administrative or other). Non-essential Contractor personnel, who are notrequired to remain at or report to the facility, shall follow their parent company policy regarding whether they shouldgo/stay home or report to another company facility. Subsequent to an early dismissal and during periods ofinclement weather, onsite Contractors should monitor radio and television announcements before departing for workto determine if the facility is closed or operating on a delayed arrival basis.

When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severeweather, a security threat, or a facility related problem), on site Contractors will continue working established workhours or take leave in accordance with parent company policy. Those Contractors who take leave shall not directcharge the non-working hours to the task order. Contractors are responsible for predetermining and disclosing theircharging practices for early dismissal, delayed openings, or closings in accordance with the FAR, applicable costaccounting standards, and company policy. Contractors shall follow their disclosed charging practices during thetask order period of performance, and shall not follow any verbal directions to the contrary. The Contracting Officerwill make the determination of cost allowability for time lost due to facility closure in accordance with FAR,applicable Cost Accounting Standards, and the Contractor's established accounting policy.

Accounting Data

SLINID PR Number Amount -------- -------------------------------------------------- ---------------------7001AB 130058570300002 1700000.00 LLA : AB 2162020 A21 FF114 0 18VRE 25 7F1089 649340196326 021001 Award Funding in support of FXD Lab Augmentation under NEFB support. 9001AB 1300585703 300000.00 LLA : AB 2162020 A21 FF114 0 18VRE 25 7F1089 649340196326 021001 Award - Funds in support of 7001AB BASE Funding 2000000.00 Cumulative Funding 2000000.00 MOD 01 Funding 0.00 Cumulative Funding 2000000.00 MOD 02 7001AC 130059470400001 700000.00

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LLA : AC 2162020 A21 FF114 0 18VFRE 25 7F1089 649340196326 021001 Mod 02- Incremental Funding 7001AD 130059768000001 20000.00 LLA : AE 2162020 A8A AH135 1 97VIRQ 21 T00010 920302S00326 5052 021001 Mod 02-Incremental Funding 10 USC 2410 (a) Authority is invoked. 9001AC 130059470400001 200000.00 LLA : AC 2162020 A21 FF114 0 18VFRE 25 7F1089 649340196326 021001 Mod 02-Incremental Funding 9001AD 130059767900001 114650.00 LLA : AD 2162020 A8A AH135 1 97VIRQ 25 400010 919870S00326 5052 021001 Mod 02- Incremental Funding 10 USC 2410(a) Authority is invoked. 9001AE 130059768000001 16000.00 LLA : AE 2162020 A8A AH135 1 97VIRQ 21 T00010 920302S00326 5052 021001 Mod 02- Incremental Funding for ODCs in support of CLIN 7001. 10 USC 2410 (a) Authority is invoked. MOD 02 Funding 1050650.00 Cumulative Funding 3050650.00 MOD 03 7001AE 130059982000001 700000.00 LLA : AF 2162020 A22 AP114 0 18VFRE 25 1G0010 927288004054 9722 021001 Mod 03 - Incremental Funding in support of Weapons Technical Intelligence Exploitation Analysis Tool (WEAT) under the NEFB program 10 USC 2410(a) Authority is invoked. 7001AF 130060101400001 1900000.00 LLA : AG 2162093 A5U DD101 9 00VEXA 25 500010 911428S00420 281 021001 Mod 03 -Incremental Funding in support of Weapons Technical Intelligence Exploitation Analysis Tool (WEAT) 9001AF 130059982000001 200000.00 LLA : AF 2162020 A22 AP114 0 18VFRE 25 1G0010 927288004054 9722 021001 Mod 03 - ODC Incremental funding in support of 7001 AE 10 USC 2410 (a) is invoked. 9001AG 130060101400001 500000.00 LLA : AG 2162093 A5U DD101 9 00VEXA 25 500010 911428S00420 281 021001 Mod 03 - ODCs in Support of 7001AF WEAT Support MOD 03 Funding 3300000.00 Cumulative Funding 6350650.00 MOD 04 Funding 0.00 Cumulative Funding 6350650.00

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SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 TASK ORDER LABOR CATEGORY QUALIFICATIONS

To perform the requirements of the Statement of Work (SOW), the Government desires personnel with the appropriate experience and professional qualifications. KeyPersonnel qualification levels are considered to be desired for those individuals whose resumes are submitted for evaluation with the proposal. Resumes for anyreplacement personnel that are submitted following award shall be equal to or better than the individuals initially proposed as required by the clause 5252.237-9106,SUBSTITUTION OF PERSONNEL (SEP 1990), incorporated under Section H. Following award, the qualification levels are considered to be minimums for any growthbeyond those individuals initially proposed or in labor categories where no resumes were required for proposal purposes. The applicable labor categories and associatedqualifications are listed in Sections H.1 and H.2.

(a) Experience – The desired experience for each Labor Category must be directly related to the tasks requirements listed in the SOW.

(b) Professional Development – Professional development includes honors, degrees, publications, professional licenses and certifications along with similar evidence ofprofessional accomplishments that directly impact the Offeror's ability to perform the order. The years of experience listed below are in addition to appropriatedevelopment. It is incumbent upon the Offeror to demonstrate that the proposed personnel have appropriate credentials to perform the work.

(c) Two groups of personnel will support this Order – "Key Personnel" and "Non-Key Personnel."

(1) Key Personnel are the personnel whose resumes were submitted with the Offeror’s proposal for evaluation purposes. Key Personnel qualifications levels are listed inH.2 below and are considered to be desired for those individuals whose resumes are submitted for evaluation with the proposal. Resumes for any replacement of KeyPersonnel will be evaluated in accordance with clause H.4 5252.239-9106 Substitution of Personnel below.

(2) Non-Key Personnel are the personnel proposed to provide support in positions that are not identified as Key under H.2 below.

(d) Eligibility - Any individual previously assigned to work in the forensic laboratories must remain eligible for the assignment based on their prior performance. As theExecutive Agent for forensic disciplines and responsible for the qualifications and assessment of all examiners, the Director of the Defense Forensic Science Center, ForensicExploitation Directorate grants authority to all individuals to work in any lab whose mission falls under the Defense Forensic Enterprise. Individuals must perform inaccordance with the laboratory standard operating procedures; the DFSC has the authority to revoke the assignment of an individual who does not meet these standards.Questions concerning the eligibility of an individual based on their prior performance should be addressed to the Defense Forensic Science Center, Forensic ExploitationDirectorate, 4930N 31st Street, Forest Park GA 30297-5205. This applies to all labor categories EXCEPT Program Manager, Software Engineer, Information TechnologyEngineer, Information Technology Technician, Information Assurance Technician, Database Analyst, Biometrics Engineer and Program Analyst.

H.2 KEY LABOR CATEGORY DESIRED QUALIFICATIONS

Program Manager

(a) Five (5) years of specialized experience as a program manager of a team of skilled professional, technical, and support personnel involved in Anti-Terrorism/ForceProtection (AT/FP), Counter-Terrorism and/or Expeditionary Forensic program requirements; if subcontracting is proposed, it is desired that this experience include themanagement of subcontractors.

(b) The above experience should demonstrate the ability to deliver products under conditions of high operational tempo, frequently adjusting priorities and flux inrequirements, on time and within budget.

Forensic Science Officer/Liaison

(a) Eight (8) years of experience working in a forensics laboratory performing forensics examinations. This experience should also include formal supervisoryresponsibilities.

(b) The above experience should also demonstrate a complete understanding of the forensics disciplines used within the labs, the laboratory capabilities and products, theimplementation of SOP’s, and how the resultant analysis and products are to be used.

Senior DNA Examiner

(a) Six (6) years of experience working in a forensic laboratory performing DNA analysis on criminal evidence, including blood and bloodstains, body fluids, and stains ofbody fluids, hair and other items requiring DNA or related analysis; generation of DNA profiles, performance of visual and microscopic examination of hairs; comparison ofevidence from victims, scenes, or instruments of incidents to evidence from suspects.

(b) Professional certification such as American Board of Criminalistics (ABC) is desired.

(c) One (1) year of experience as the lead of a team of DNA analysts.

Senior Latent Print Examiner

(a) Six (6) years of experience in the processing of material for latent prints, recovery of latents, examination, visualizing/recording latents, and evaluating latent prints in aforensics laboratory.

(b) Professional Certification is required by the International Association of Identification (IAI).

(c) Proficiency utilizing AFIS, ABIS, and/or other National databases.

H.3 NON-KEY PERSONNEL – MINIMUM QUALIFICATIONS

In order to provide additional clarification to the Statement of Work, minimum qualifications are provided for non-key personnel. The contractor shall provide non-keypersonnel who meet or exceed the minimum qualifications provided below. Prior to charging non-key personnel labor to this order, the contractor shall provide writtencertification stating the individual's name, labor category, and certification that the individual meets or exceeds the minimum qualifications of the labor category. Thiswritten certification shall be made by email to the Contract Specialist and the COR.

Senior Software Engineer

(a) Eight (8) years of experience in the design, development, and maintenance of software applications and related databases (i.e. SQL, Oracle)

(b) Experience in developing with Cold Fusion, C, C++, Java, or DotNet utilizing Windows or Unix operating environments.

(c) Experience in software development frameworks (i.e. waterfall, spiral, scrum).

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(d) Experience with software development cycle: requirements gathering, development, testing, deployment, bug tracking, and reporting.

(e) Experience as a lead developer, providing guidance and oversight to a team of developers engaged in producing a software product.

Junior Software Engineer

(a) Four (4) years of experience in the design, development, and maintenance of software applications and related databases (i.e. SQL, Oracle)

(b) Experience in developing with Cold Fusion, C, C++, Java, or DotNet utilizing Windows or Unix operating environments.

(c) Experience in software development frameworks (i.e. waterfall, spiral, scrum).

(d) Experience with software development cycle: requirements gathering, development, testing, deployment, bug tracking, and reporting.

Junior DNA Examiner

(a) Four (4) years of experience working in a forensic laboratory performing DNA analysis on criminal evidence, including blood and bloodstains, body fluids, and stainsof body fluids, hair and other items requiring DNA or related analysis; generation of DNA profiles, performance of visual and microscopic examination of hairs; comparisonof evidence from victims, scenes, or instruments of incidents to evidence from suspects.

(b) Professional certification such as American Board of Criminalistics (ABC) is desired.

Junior Latent Print Examiner

(a) Four (4) years of experience in the processing of material for latent prints, recovery of latents, examination, visualizing/recording latents, and evaluating latent prints ina forensics laboratory.

(b) Professional Certification is required by the International Association of Identification (IAI).

(c) Proficiency utilizing AFIS, ABIS, and/or other National databases.

Laboratory Manager/Theater Liaison

(a) Five (5) years of prior Military experience providing oversight and execution of tasks including operational support, training, and deployment of personnel tooperational COCOM theaters, and Anti- Terrorism/Force Protection.

(b) Five (5) years of experience working in a forensics laboratory performing forensics examination. This experience should also include formal supervisory responsibilities.

(c) The above experience should demonstrate the ability to interface effectively with senior members of DoD organizations, to develop and support technical positions, tojustify technical recommendations, and to communicate effectively in both oral and written formats.

(d) The above should include three (3) years of specialized experience as a team leader of highly skilled professional, technical and support personnel.

Explosive Ordnance Disposal (EOD) Specialist/Technician

Five (5) years of military EOD experience, including experience in the analysis and documentation of design, construction techniques and practices of ImprovisedExplosive Devices (IEDs) and formal EOD training as provided by US Army or US Navy Explosive, Ordnance, Disposal Schools.

Firearms and Tool Mark Examiner

(a) Five (5) years of experience in one or more of the following fields: examination of lead and other metal fragments, examination and microscopic comparison of bullets,ammunition components, and firearms; examination of tool marks as having been produced by a particular tool; shot pattern examinations, gunshot residue examinations,trajectory analysis, and the collection, preservation, and processing of evidence and event reconstruction. Experience in more than one of the above fields.

(b) One (1) year of experience as the lead of a team of firearms and tool mark analysts.

Case File Manager/Evidence Custodian

(a) Two (2) years of experience in the following areas: receiving and documenting evidence in a forensics laboratory; maintenance of evidentiary integrity and chain ofcustody; preparation of examination requests; and, preparing, transmitting, and receiving mail evidence packages.

(b) Ability to effectively communicate in writing and orally. ( ie. experience in writing technical reports, presenting briefs)

(c) Fully functional in the use of Microsoft applications including Word, PowerPoint, Excel and Outlook.

(d) Ability to utilize web based applications, entering and extracting data for the purposes of tracking and reporting on case files.

Forensic Chemist

(a) Four (4) years of experience working in a laboratory performing drug and/or explosive chemical testing.

(b) Proficiency working with chemistry analytical methodologies Gas Chromatography (GC) and/or Fourier Transform Infrared (FTIR) Spectroscopy.

Intelligence Analyst

(a) Three (3) years prior experience as an Intelligence Analyst for the DoD (civilian or military) or a civilian agency.

(b) Full proficiency in utilizing computer applications and intelligence related automation to support analytical efforts, production of intelligence products/responses andthe analysis of intelligence information to assess trends and threat implications.

(c) The above experience should demonstrate the ability to develop and support technical positions, to justify technical recommendations, and to write technicalpublications and reports.

Information Technology Engineer

(a) Five (5) years of experience which includes two (2) years of experience in the design, implementation, and troubleshooting of computer components and networkinghardware. It is desired that this experience also include installing, operating, and maintaining computer processors, displays, and input/output devices and associated

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hardware interfaces.

(b) Must hold current DoDI 8570.01-M Information Assurance Technology (IAT) Level II certification(s) required to work on Government IT systems.

(c) Experience in writing technical documentation related to one of more of the above work areas.

Information Technology Technician

(a) Three (3) years of experience which includes one (1) year of experience in the implementation and troubleshooting of computer components and networking hardware. Itis desired that this experience also include installing, operating, and maintaining computer processors, displays, and input/output devices and associated hardwareinterfaces.

(b) Must hold a current DoDI 8570.01-M Information Assurance Technology (IAT) Level II certification(s) required to work on Government IT systems.

Information Assurance Technician

(a) Five (5) years of experience working with DoD compliance initiatives to include Convergent Technologies Operating System, Security Technical ImplementationGuide, and Host Based Security System.

(b) Must hold a current Information Assurance DoDI 8570.0-M Information Assurance Manager (IAM) Level II certification(s) required to work on Government ITsystems.

(c) Five (5) years of experience in DoD Certification Processes such as Department of Defense Information Assurance Process.

(d) Experience in the writing technical documentation and producing artifacts related to the DoD Certification Processes.

Database Administrator

(a) Five (5) years of experience working with Microsoft SQL databases.

(b) Must hold a current Information Assurance DoDI 8570.0-M Information Assurance Technology (IAT) Level II certification(s) to be a Database administrator onGovernment systems.

(c) Experience in the design, development, and maintenance of relational SQL databases as part of a client server architecture.

(d) Experience writing and executing SQL store procedures and performance tuning.

(e) Experience in implementing all SQL database security policies (i.e. STIGs)

Biometrics Engineer

(a) Required - Seven (7) years of experience, which includes creating algorithms capable of combining multiple biometrics to produce more accurate matching algorithmsin association with finger print, facial, and/or iris recognition.

(b) Desired - Three (3) years of experience in image processing, mathematical modeling, pattern recognition, and computer vision.

Field Service Engineer

Five (5) years engineering experience that includes:

(a) Required - Three (3) years of design and integration experience of developmental systems concepts, from development stages through initial evaluation;

(b) Required - one (1) year of experience in the development and execution of project plans, systems specifications, design requirements, and test and evaluation planningdocuments.

(c) Desired - experience in heating and air conditioning, power distribution and generator maintenance, and mobile shelter design and implementation.

(d) The above experience should demonstrate the ability to interface with senior members of DoD organizations to develop and support technical positions, to justifytechnical recommendations, and to write technical documentation.

Logistician

(a) Six (6) years of prior Military experience to include at least three (3) years logistical experience with specific emphasis on domestic and foreign transportationprocedures, including ground, sea or air.

(b) The above should include two (2) years of experience in the set-up and take down of laboratory facilities, certification, sustainment, inventory management andmovement of facilities.

Program Analyst

(a) Five (5) years of experience which should include two (2) years of experience in the planning, evaluation, and analysis of the effectiveness of operational programs.

(b) Experience should demonstrate full proficiency in the application of qualitative and quantitative analytical skills in the analysis, evaluation, and improvement of theeffectiveness of operational programs.

(c) Experience should demonstrate the capability to interface with senior members of DoD organizations to develop and support technical positions, to justify technicalrecommendations, and to write technical publications and reports.

Document and Media Exploitation (DOMEX) Examiner

(a) Five (5) years of experience in the processing, translation, analysis, and dissemination of collected hard-copy documents and electronic media. This experience shouldshow full proficiency the use of data mining techniques, document recovery software, and basic computer forensic tools.

Forensic Specialist

Two (2) years of experience in at least one of the following areas:

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(a) Latent Prints - Recovery, examination, and analysis of latent prints taking place working in support of Certified Latent Print Examiner(s).

(b) Firearms & Tool Marks - Examination of lead and other metal fragments, examination and microscopic comparison of bullets, ammunition components, and firearms;examination of tool marks as having been produced by a particular tool; shot pattern examinations, gunshot residue examinations, trajectory analysis, and the collection,preservation, and processing of evidence and event reconstruction.

(c) DNA - Scientific analysis of evidence, including blood and bloodstains, body fluids, and stains of body fluids, hair and other items requiring DNA or related analysis;generation of DNA profiles, performance of visual and microscopic examination of hairs; comparison of evidence from victims, scenes, or instruments of incidents toevidence from suspects.

(d) Chemist - Experience in a laboratory, performing drug or explosive chemistry examinations. Proficiency working with chemistry analytical methodologies GasChromatography (GC) and/or Fourier Transform Infrared (FTIR) Spectroscopy.

Senior Systems Analyst

(a) Ten (10) years of experience that includes five (5) years of experience in analysis, definition, and direction of Anti-Terrorism and/or Counter-Terrorism technologysolution development, production, test and integration of systems; and Five (5) years of prior Military experience that includes one or more of the following or similardisciplines: intelligence, operations, command control information and communications, facilities, and personnel training and deployment.

(b) The above experience should demonstrate the ability to deliver products under conditions of high operational tempo, frequently adjusting priorities and flux inrequirements, on time and within budget. It should further successfully demonstrate the ability to interface effectively with senior members of DoD organizations todevelop and support technical positions, justify technical recommendations, and communicate effectively in both oral and written formats.

Systems Analyst

(a) Five (5) years of experience that includes two (2) years of experience in the analysis of definition and direction of Anti-Terrorism technology development, production,test and integration of systems and operating systems;

(b) The above experience should demonstrate the capability to deliver products under conditions of high operational tempo, frequently adjusting priorities and flux inrequirements, on time and within budget. It should also demonstrate the ability to interface effectively with senior members of DoD organizations to develop and supporttechnical positions, to justify technical recommendations, and communicate effectively in both oral and written formats.

H.4 5252.237-9106 SUBSTITUTION OF PERSONNEL (Sep 1990)

(a) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contractthose key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without priornotification to and concurrence of the Contracting Officer in accordance with this requirement. (b) All proposed substitutes shall have qualifications equal to or higher thanthe qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty-five (45) days, or ninety (90)days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include: (1) an explanation of the circumstances necessitatingthe substitution; (2) a complete resume of the proposed substitute; and (3) any other information requested by the Contracting Officer to enable him/her to judge whether ornot the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

H.5 POST AWARD CONTRACTOR PERSONNEL APPROVAL

(a) Requests for post award approval of additional and/or replacement Resumed Key Personnel shall be submitted via e-mail. E-mail submissions shall be madesimultaneously to the Contract Specialist, COR, and the Alternate COR. Electronic notification via e-mail from the Contracting Officer will serve as writtenapproval/disapproval. This approval is required before an individual may begin charging to the Task Order.

(b) Resumes shall be submitted in the format required. However, in order to expedite contract administration, contractor format may be used providing sufficientinformation is submitted for an independent comparison of the individual’s qualifications with labor category requirements.

(c) If the employee is not a current employee of the contractor (or a subcontractor), a copy of the accepted offer letter (which identifies a projected start date and the agreed toannual salary) shall be provided.

(d) TRIPWIRE NOTIFICATION. If the employee is a current employee of the contractor (or a subcontractor), the fully burdened hourly rate that will be invoiced underthe Task Order shall be provided. If the labor rate to be invoiced for the individual will exceed any Navy labor rate tripwire for service contracts in effect at time of therequest for approval, the Contractor shall fully justify why the proposed individual is required for contract performance and the specific benefit to be derived from theindividual’s addition to the Task Order.

H.6 RESUME FORMAT AND CONTENT REQUIREMENTS

In order to facilitate evaluation, all resumes shall contain the following minimum information :

H.6.1 Complete Name

H.6.2 Task Order Labor Category

H.6.3 Contractor Labor Category

H.6.4 Percentage of time to be allocated to this effort

H.6.5 Current level of security clearance level per JPAS (identify if interim or final)

H.6.6 Current work location and planned work location upon award of this Task Order

H.6.7 Note if the individual is key on another contract with a period of performance that will overlap this requirement. Note plans to satisfy both contracts if the Offeror isselected for award.

H.6.8 Chronological Work History / Experience – Show experience and date(s) as follows:

(a) Employer: Dates (month/year); Title(s) held

(b) Work experience shall be presented separately for each employer, clearly marked with proper category of experience (i.e, Relevant Experience; Non-RelevantExperience.). If relevant and non-relevant experience were obtained while at the same employer, separate time periods shall be noted for each assignment. (This is necessaryto prevent an offeror from describing relevant experience obtained in a six month assignment for Company A as applicable to the entire 10-year employment with that firmand to ensure offerors' proposals are evaluated on an equal basis). Responsibilities shall be discussed in sufficient detail for each assignment so as to permit comparison

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with desired experience levels in Section H. Specific examples of work assignments, accomplishments, and products shall be provided.

(c) Phrases such as "assisted with", "participated in", or "supported" are UNACCEPTABLE except as introductory to a detailed description of the actual work performed. Ifno such description is provided, the sentence or bulleted information will NOT be considered in the resume evaluation process. This is because evaluators would not beable to identify the specific technical work contributions made by the individual.

(d) Resume information is encouraged to be presented in bullet format. This will allow evaluators to focus on relevant information.

(e) Offerors shall note that the lack of specific definition in job responsibilities, services performed or products produced may be viewed as a lack of understanding of theGovernment’s overall technical requirements.

(f) All relevant military experience claimed shall be described such that each relevant tour is treated as a separate employer. Time frames/titles/responsibilities shall beprovided in accordance with the level of detail prescribed above. Military experience not documented in this manner will not be considered.

(g) Gaps in experience shall be explained.

(h) The cut-off date for any experience claimed shall be the closing date of the solicitation.

(i) PROFESSIONAL DEVELOPMENT – Show any honors, degrees, publications, professional licenses, certifications and other evidence of professional accomplishmentsthat are directly relevant and impact the offeror’s ability to perform under the Task Order. For education and training, the following format is preferred:

Academic: Degree(s); Date(s); Institution; Major/Minor

Non-Academic: Course title, date(s), approximate length

Professional licenses and certifications.

*Note: The date obtained for each, as well as the date when each license/certification requires renewal.

Offeror. The employee certification shall include the following statement: CERTIFICATION: "I certify that the experience and professional development described hereinare complete and accurate in all respects. I consent to the disclosure of my resume for NSWCDD Solicitation N00178-14-D-7581-0003 by A-T Solutions and intend tomake myself available to work under any resultant contract to the extent proposed."

________________________________ _____________________________

Employee Signature and Date Offeror Signature and Date

Resumes without this certification will be unacceptable and will not be considered. The employee certification shall not be dated earlier than the issue date of thissolicitation.

(j) Intentionally Left Blank

(k) If the employee is not a current employee of the offeror (or a proposed subcontractor), a copy of the accepted offer letter shall be provided. The letter shall identify theprojected start date. The Cost Proposal shall include documentation that identifies the agreed-to salary amount.

H.7 5252.202-9101 ADDITIONAL DEFINITIONS (MAY 1993)

As used throughout this contract, the following terms shall have the meanings set forth below:

(a) DEPARTMENT - means the Department of the Navy.

(b) REFERENCES TO THE FEDERAL ACQUISITION REGULATION (FAR) - All references to the FAR in this contract shall be deemed to also reference theappropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(c) REFERENCES TO ARMED SERVICES PROCUREMENT REGULATION OR DEFENSE ACQUISITION REGULATION – All references in this document toeither the Armed Services Procurement Regulation (ASPR) or the Defense Acquisition Regulation (DAR) shall be deemed to be references to the appropriate sections ofthe FAR/DFARs.

H.8 NAVSEA 5252.242-9115 TECHNICAL INSTRUCTIONS (APR 2015)

(a) Performance of the work hereunder may be subject to written technical instructions signed by the Contracting Officer and the Contracting Officer's Representativespecified in Section G of this contract. As used herein, technical instructions are defined to include the following:

(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, shift work emphasis, fill in details or otherwise serve to accomplish the contractualstatement of work.

(2) Guidelines to the Contractor which assist in the interpretation of drawings, specifications or technical portions of work description.

(b) Technical instructions must be within the general scope of work stated in the contract. Technical instructions may not be used to: (1) assign additional work under thecontract; (2) direct a change as defined in the "CHANGES" clause of this contract; (3) increase or decrease the contract price or estimated contract amount (including fee), asapplicable, the level of effort, or the time required for contract performance; or (4) change any of the terms, conditions or specifications of the contract.

(c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractorshall notify the Contracting Officer in writing within ten (10) working days after the receipt of any such instruction. The Contractor shall not proceed with the work affectedby the technical instruction unless and until the Contractor is notified by the Contracting Officer that the technical instruction is within the scope of this contract.

(d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not affected bythe disputed technical instruction.

H.9 FUNDING PROFILE

It is estimated that these incremental funds will provide for the number of hours of labor stated below. The following details funding to date:

CLIN Total CPFFFunding ThisMod

PreviousFunding

TotalFunded

AmountUnfunded

Total HoursFunded

Period of Performance

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Base 07/29/2016-07/28/20177001 $7,990,684.00 0.00 5,020,000.00 5,020,000.00 2,970,684.00 7/29/2016 7/28/20179001 $4,353,328.00 0.00 1,330,650.00 1,330,650.00 3,022,678.00 7/29/2016 7/28/2017Total Base $12,344,012.00 0.00 6,350,650.00 6,350,650.00 5,993,362.00

H.10 5252.216-9122 LEVEL OF EFFORT – ALTERNATE 1 (MAY 2010)

(a) The Contractor agrees to provide the total level of effort specified below in performance of the work described in Sections B and C of this task order. The total level ofeffort for the performance of this task order shall be man-hours of direct labor, including subcontractor direct labor for those subcontractors specifically identified in theContractor's proposal as having hours included in the proposed level of effort. The table below and information for blanks in paragraph (b) and (d) are to be completed bythe Offeror.

Total Man Hours Compensated Uncompensated7001 Base Year7101 Op on 17201 Op on 27301 Op on 3Total Hours

(b) Of the total man-hours of direct labor set forth above, it is estimated that 0 man-hours are uncompensated effort. Uncompensated effort is defined as hours provided bypersonnel in excess of 40 hours per week without additional compensation for such excess work. Total Times Accounting (TTA) efforts are included in this definition. Allother effort is defined as compensated effort. If no effort is indicated in the first sentence of this paragraph, uncompensated effort performed by the Contractor shall not becounted in fulfillment of the level of effort obligations under this contract.

(c) Effort performed in fulfilling the total level of effort obligations specified above shall only include effort performed in direct support of this contract and shall not includetime and effort expended on such things as (local travel to and from an employee's usual work location), uncompensated effort while on travel status, truncated lunchperiods, work (actual or inferred) at an employee's residence or other non-work locations (except as provided in paragraph (i) below), or other time and effort which doesnot have a specific and direct contribution to the tasks described in Sections B and C.

(d) The level of effort for this contract shall be expended at an average rate of approximately 1,930 hours per week. It is understood and agreed that the rate of man-hoursper month may fluctuate in pursuit of the technical objective, provided such fluctuation does not result in the use of the total man-hours of effort prior to the expiration ofthe term hereof, except as provided in the following paragraph.

(e) If, during the term hereof, the Contractor finds it necessary to accelerate the expenditure of direct labor to such an extent that the total man-hours of effort specified abovewould be used prior to the expiration of the term, the Contractor shall notify the Contracting Officer in writing setting forth the acceleration required, the probable benefitswhich would result, and an offer to undertake the acceleration at no increase in the estimated cost or fee together with an offer, setting forth a proposed level of effort, costbreakdown, and proposed fee, for continuation of the work until expiration of the term hereof. The offer shall provide that the work proposed will be subject to the termsand conditions of this contract and any additions or changes required by then current law, regulations, or directives, and that the offer, with a written notice of acceptanceby the Contracting Officer, shall constitute a binding contract. The Contractor shall not accelerate any effort until receipt of such written approval by the Contracting Officer.Any agreement to accelerate will be formalized by contract modification.

(f) The Contracting Officer may, by written order, direct the Contractor to accelerate the expenditure of direct labor such that the total man-hours of effort specified inparagraph (a) above would be used prior to the expiration of the term. This order shall specify the acceleration required and the resulting revised term. The Contractor shallacknowledge this order within five days of receipt.

(g) The Contractor shall provide and maintain an accounting system, acceptable to the Administrative Contracting Officer and the Defense Contract Audit Agency(DCAA), which collects costs incurred and effort (compensated and uncompensated, if any) provided in fulfillment of the level of effort obligations of this contract. TheContractor shall indicate on each invoice the total level of effort claimed during the period covered by the invoice, separately identifying compensated effort anduncompensated effort, if any.

(h) Within 45 days after completion of the work under each separately identified period of performance hereunder, the Contractor shall submit the following information inwriting to the Contracting Officer with copies to the cognizant Contract Administration Office and to the DCAA office to which vouchers are submitted: (1) the totalnumber of man-hours of direct labor expended during the applicable period; (2) a breakdown of this total showing the number of man-hours expended in each direct laborclassification and associated direct and indirect costs; (3) a breakdown of other costs incurred; and (4) the Contractor's estimate of the total allowable cost incurred underthe contract for the period. Within 45 days after completion of the work under the contract, the Contractor shall submit, in addition, in the case of a cost underrun; (5) theamount by which the estimated cost of this contract may be reduced to recover excess funds. All submissions shall include subcontractor information.

(i) Unless the Contracting Officer determines that alternative worksite arrangements are detrimental to contract performance, the Contractor may perform up to 10% of thehours at an alternative worksite, provided the Contractor has a company-approved alternative worksite plan. The primary worksite is the traditional "main office" worksite.An alternative worksite means an employee’s residence or a telecommuting center. A telecommuting center is a geographically convenient office setting as an alternative toan employee’s main office. The Government reserves the right to review the Contractor’s alterrnative worksite plan. In the event performance becomes unacceptable, theContractor will be prohibited from counting the hours performed at the alternative worksite in fulfilling the total level of effort obligations of the contract. Regardless ofwork location, all contract terms and conditions, including security requirements and labor laws, remain in effect. The Government shall not incur any additional cost norprovide additional equipment for contract performance as a result of the Contractor’s election to implement an alternative worksite plan.

(j) Notwithstanding any of the provisions in the above paragraphs and subject to the LIMITATION OF FUNDS or LIMITATION OF COST clauses, as applicable, theperiod of performance may be extended and the estimated cost may be increased in order to permit the Contractor to provide all of the man-hours listed in paragraph (a)above. The contractor shall continue to be paid fee for each man-hour performed in accordance with the terms of the contract.

H.11 NAVSEA 5252.232-9104 ALLOTMENT OF FUNDS (JAN 2008)

(a) This contract is incrementally funded with respect to both cost and fee. The amount(s) presently available and allotted to this contract for payment of fee forincrementally funded contract line item number/contract subline item number (CLIN/SLIN), subject to the clause entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVEFEE" (FAR 52.216-10), as appropriate, is specified below. The amount(s) presently available and allotted to this contract for payment of cost for incrementally fundedCLINs/SLINs is set forth below. As provided in the clause of this contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22), the CLINs/SLINs covered thereby, andthe period of performance for which it is estimated the allotted amount(s) will cover are as follows:

Allocatedto Cost

Allocatedto Fee

Total CPFF toDate

Es matedPeriod Funded

Base

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7001 $5,020,000.00 7/28/20179001 $1,330,650.00 7/28/2017

Total Base $6,350,650.00

(b) The parties contemplate that the Government will allot additional amounts to this contract from time to time for the incrementally funded CLINs/SLINs by unilateralcontract modification, and any such modification shall state separately the amount(s) allotted for cost, the amount(s) allotted for fee, the CLINs/SLINs covered thereby, andthe period of performance which the amount(s) are expected to cover.

(c) CLINs/SLINs are fully funded and performance under these CLINs/SLINs is subject to the clause of this contract entitled "LIMITATION OF COST" (FAR 52.232-20).

(d) The Contractor shall segregate costs for the performance of incrementally funded CLINs/SLINs from the costs of performance of fully funded CLINs/SLINs.

H.12 SAVINGS INITIATIVES

The following cost savings initiatives are required under this Task Order:

(a)

(b)

A-TS has reduced pass throughs on Subcontractor labor to %, and pass throughs on ODC and travel to %.

(c)

(d) Other:

H.13. LABOR TRIPWIRE JUSTIFICATIONS

(a) The Contractor shall advise the COR and the Contract Specialist, by email, if the pending addition of any individual (Key or non-Key) will be at a fully loaded(through target fee) labor rate that exceeds the labor tripwire amount in a contract labor category with no previous tripwire approval. If the contract labor category has notbeen approved, the Contractor may not proceed with the addition until he is advised by the Contract Specialist that the request has been approved.

(b) The Contractor’s request shall include: the proposed individual’s resume, labor hourly rate build-up, labor hours per work year, detailed justification for the addition ofthe particular individual based on his/her technical expertise and projected technical impact on the Task Order/Technical Instruction. If the individual is a Subcontractor orconsultant, the rate build-up shall include the Prime Contractor’s pass through rate.

(c) Currently, the labor tripwire is $156 per hour, regardless of the number of labor hours the proposed individual will work. The Contractor will be advised of anychanges to this tripwire level that occur during performance.

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SECTION I CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.215-21 Requirements for Cer fied Cost or Pricing Dataand Data Other Than Cer fied Cost and Pricing OCT 2010

52.216-8 Fixed Fee JUN 2011

52.223-19 Compliance with Environmental ManagementSystems MAY 2011

52.224-2 Privacy Act APR 1984

52.225-26 Contractors Performing Private Security Func onsOutside of the United States MAY 2014

52.245-1 Government Property APR 2012

52.251-1 Government Supply Source APR 2012

52.222-50 Comba ng Trafficking in Persons Mar 2015

252.225-7028 Exclusionary Policies and Prac ces of ForeignGovernments APR 2003

252.251-7000 Ordering From Government Sources AUG 2012

****All clauses in the offerors MAC contract apply to this Task Order, as applicable.

Note: Regarding 52.244-2 -- SUBCONTRACTS (Oct 2010) - ALTERNATE I (JUNE 2007), Teaming arrangementwith any firm not included in the Contractor's basic MAC contract must be submitted to the basic MACContracting Officer for approval. Team member (subcontract) additions after Task Order award must be approved bythe Task Order Contracting Officer.l

CLAUSES INCORPORATED BY FULL TEXT

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (NAVSEA VARIATION)(APR 2015)

(a) The Government may extend the term of this contract by written notice(s) to the Contractor within the periodsspecified below. If more than one option exists the Government has the right to unilaterally exercise any such optionwhether or not it has exercised other options.

ITEMS LATEST OPTION EXERCISE DATA7101, 7199, 9101 No later than 12 months after the Task Order Award

date7201, 7299, 9201 No later than 24 months after the Task Order Award

date7301, 7399, 9301 No later than 36 months after the Task Order Award

date

(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 option(s) under this clause, shall not exceed five(5) years, however, in accordance with paragraph (j) of the requirement of this contract entitled "LEVEL OF

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EFFORT – ALTERNATE 1", (NAVSEA 5252.216-9122), if the total manhours delineated in paragraph (a) of theLEVEL OF EFFORT requirement, have not been expended within the period specified above, the Government mayrequire the Contractor to continue to perform the work until the total number of manhours specified in paragraph (a)of the aforementioned requirement have been expended.

52.228-3 – Workers’ Compensation Insurance (Defense Base Act).

As prescribed in 28.309(a), insert the following clause:

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 disabilitycompensation and medical benefits to covered employees and death benefits to their eligible survivors, bypurchasing workers’ compensation insurance or qualifying as a self-insurer under the Longshore and HarborWorkers’ Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C. 1651, et seq.), andcontinue 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 ordeath, submit Form LS-202 (Employee’s First Report of Injury or Occupational Illness) to the Department of Laborin accordance with the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 930(a), 20 CFR 702.201 to702.203);

(3) Pay all compensation due for disability or death within the time frames required by the Longshore and HarborWorkers’ Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);

(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 toCompensation) to the Department of Labor in accordance with the Longshore and Harbor Workers’ CompensationAct (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 ofCompensation 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 FinalPayment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshoreand 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 theDefense 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 seehttp://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 whichthe Defense Base Act applies.

52.228-4 -- Workers Compensation and War-Hazard Insurance Overseas.

As prescribed in 28.309(b), insert the following clause:

Workers’ Compensation and War-Hazard Insurance Overseas (Apr 1984)

(a) This paragraph applies if the Contractor employs any person who, but for a waiver granted by the Secretary ofLabor, would be subject to workers’ compensation insurance under the Defense Base Act (42 U.S.C. 1651, et seq.).On behalf of employees for whom the applicability of the Defense Base Act has been waived, the Contractor shall

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http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/28.htm#P413_72699

(1) provide, before commencing performance under this contract, at least that workers’ compensation insurance or theequivalent as the laws of the country of which these employees are nationals may require, and

(2) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under thiscontract to which the Defense Base Act would apply but for the waiver, a clause similar to this paragraph (a)(including this sentence) imposing upon those subcontractors this requirement to provide such workers’compensation insurance coverage.

(b) This paragraph applies if the Contractor or any subcontractor under this contract employs any person who, butfor a waiver granted by the Secretary of Labor, would be subject to the War Hazards Compensation Act (42 U.S.C.1701, et seq.). On behalf of employees for whom the applicability of the Defense Base Act (and hence that of the WarHazards Compensation Act) has been waived, the Contractor shall, subject to reimbursement as provided elsewherein this contract, afford the same protection as that provided in the War Hazards Compensation Act, except that thelevel of benefits shall conform to any law or international agreement controlling the benefits to which the employeesmay be entitled. In all other respects, the standards of the War Hazards Compensation Act shall apply; e.g., thedefinition of war-hazard risks (injury, death, capture, or detention as the result of a war hazard as defined in the Act),proof of loss, and exclusion of benefits otherwise covered by workers’ compensation insurance or the equivalent.Unless the Contractor elects to assume directly the liability to subcontractor employees created by this clause, theContractor shall insert, in all subcontracts under this contract to which the War Hazards Compensation Act wouldapply but for the waiver, a clause similar to this paragraph (b) (including this sentence) imposing upon thosesubcontractors this requirement to provide war-hazard benefits.

52.243-7 NOTIFICATION OF CHANGES (APR 1984)

(a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the ContractingOfficer.

"Specifically Authorized Representative (SAR)," as used in this clause, means any person the Contracting Officer hasso designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to thissubparagraph 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 theContractor considers to constitute a change to this contract. Except for changes identified as such in writing andsigned by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writingpromptly, within ____ (to be negotiated) calendar days from the date that the Contractor identifies any Governmentconduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change tothe contract terms and conditions. On the basis of the most accurate information available to the Contractor, thenotice 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 inor 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 underthis 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 oncontinued 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 areestimated; and

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(6) The Contractor’s estimate of the time by which the Government must respond to the Contractor’s notice tominimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by paragraph (b) of this clause, theContractor shall diligently continue performance of this contract to the maximum extent possible in accordance withits terms and conditions as construed by the Contractor, unless the notice reports a direction of the ContractingOfficer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shallcontinue performance; provided, however, that if the Contractor regards the direction or communication as a changeas described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions,communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly andcopies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptlycountermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within _____ (to be negotiated) calendar daysafter 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 themode 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 themode of further performance; or

(4) In the event the Contractor’s notice information is inadequate to make a decision under subparagraphs (d)(1), (2),or (3) of this clause, advise the Contractor what additional information is required, and establish the date by which itshould be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, andthe conduct causes an increase or decrease in the Contractor’s cost of, or the time required for, performance of anypart of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shallbe 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 whichare defective and for which the Government is responsible, the equitable adjustment shall include the cost and timeextension 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 thecost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under thisclause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner ofdisposition of the property. The equitable adjustment shall not include increased costs or time extensions for delayresulting from the Contractor’s failure to provide notice or to continue performance as provided, respectively, inparagraphs (b) and (c) of this clause.

NOTE: The phrases "contract price" and "cost" wherever they appear in the clause, may be appropriately modified toapply to cost-reimbursement or incentive contracts, or to combinations thereof.

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATIONCONTROLS (DEVIATION 2016-O0001)(OCT 2015)

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” and “covered defense information” aredefined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting(DEVIATION 2016-O0001)(OCT 2015).

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(b) The security requirements required by contract clause 252.204-7012, Safeguarding Covered DefenseInformation and Cyber Incident Reporting (DEVIATION 2016-O0001)(OCT 2015) shall be implemented for allcovered defense information on all covered contractor information systems that support the performance of thiscontract.

(c) If the Offeror anticipates that additional time will be necessary to implement derived securityrequirement 3.5.3 “Use of multifactor authentication for local and network access to privileged accounts and fornetwork access to non-privileged accounts” within National Institute of Standards and Technology (NIST) SpecialPublication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems andOrganizations (see http://dx.doi.org/10.6028/NIST.SP.800-171), the Offeror shall notify the Contracting Officer thatthey will implement the requirement within 9 months of contract award.

(d) If the Offeror proposes to deviate from any of the security requirements in NIST SP 800-171that isin effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit tothe Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(1) Why a particular security requirement is not applicable; or

(2) How an alternative, but equally effective, security measure is used to compensate for theinability to satisfy a particular requirement and achieve equivalent protection.

(e) An authorized representative of the DoD CIO will approve or disapprove offeror requests to deviatefrom NIST SP 800-171 requirements in writing prior to contract award. Any approved deviation from NIST SP800-171 shall be incorporated into the resulting contract.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENTREPORTING (DEVIATION 2016-O0001)(OCT 2015)


“Adequate security” means protective measures that are commensurate with the consequences and probability ofloss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of asystem, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of anobject, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whetherdirectly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., programdescription, facility locations), personally identifiable information, as well as trade secrets, commercial or financialinformation, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject tocontrols on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through Fusing the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The termdoes not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, acontractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performanceof the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the

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contractor in support of the performance of the contract; and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through theOperations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries forthem to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly missionaccomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities,technology, software, or other information whose export could reasonably be expected to adversely affect the UnitedStates national security and nonproliferation objectives. To include dual use items; items identified in exportadministration regulations, international traffic in arms regulations and munitions list; license applications; andsensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requiressafeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwidepolicies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in an actual or potentiallyadverse effect on an information system and/or the information residing therein

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigativepurposes in a manner that maintains the integrity of the data.

“Malicious software” means computer software or firmware intended to perform an unauthorized process that willhave adverse impact on the confidentiality, integrity, or availability of an information system. This definitionincludes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and someforms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks,magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, orprinted within an information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift,sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, orsustainment of the Armed Forces in a contingency operation.

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause atDFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause isincorporated in this solicitation or contract. Examples of technical information include research and engineeringdata, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports,technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computersoftware executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defenseinformation on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractorinformation systems including, at a minimum—

(i) For covered contractor information systems that are part of an InformationTechnology (IT) service or system operated on behalf of the Government—

(A) Cloud computing services shall be subject to the securityrequirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and

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(B) Any other such IT service or system (i.e., other than cloudcomputing) shall be subject to the security requirements specified elsewhere in this contract; or

(ii) For covered contractor information systems that are not part of an ITservice or system operated on behalf of the Government and therefore are not subject to the security requirementspecified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standardsand 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) that is in effect at the time the solicitation is issued or asauthorized by the Contracting Officer with the exception of the derived security requirement 3.5.3 “Use ofmultifactor authentication for local and network access to privileged accounts and for network access tonon-privileged accounts”, which will be required not later than 9 months after award of the contract, if the Contractornotified the contracting officer in accordance with paragraph (c) of the provision 252.204-7008, Compliance withSafeguarding Covered Defense Information Controls (DEVIATION 2016-O0001)(OCT 2015); or

(B) Alternative but equally effective security measures used tocompensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writingby an authorized representative of the DoD Chief Information Officer (CIO) prior to contract award; and

(2) Apply other information systems security measures when the Contractor

reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1)of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk orvulnerability.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractorinformation system or the covered defense information residing therein, or that affects the contractor’s ability toperform the requirements of the contract that are designated as operationally critical support, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defenseinformation, including, but not limited to, identifying compromised computers, servers, specific data, and useraccounts. This review shall also include analyzing covered contractor information system(s) that were part of thecyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed asa result of the incident in order to identify compromised covered defense information, or that affect the Contractor’sability to provide operationally critical support; and (ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information createdby or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, theContractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyberincidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious softwarein connection with a reported cyber incident shall submit the malicious software in accordance with instructionsprovided by the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, theContractor shall preserve and protect images of all known affected information systems identified in paragraph(c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of thecyber incident report to allow DoD to request the media or decline interest.

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http://iase.disa.mil/pki/eca/Pages/index.aspx

(f) Access to additional information or equipment necessary for forensic analysis. Upon request byDoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary toconduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, theContracting Officer will request that the Contractor provide all of the damage assessment information gathered inaccordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Governmentshall protect against the unauthorized use or release of information obtained from the contractor (or derived frominformation obtained from the contractor) under this clause that includes contractor attributional/proprietaryinformation, including such information submitted in accordance with paragraph (c). To the maximum extentpracticable, the Contractor shall identify and mark attributional/proprietary information. In making an authorizedrelease of such information, the Government will implement appropriate procedures to minimize the contractorattributional/proprietary information that is included in such authorized release, seeking to include only thatinformation that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under thisclause that is not created by or for DoD is authorized to be released outside of DoD—

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigationof cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcementinvestigations;

(4) For national security purposes, including cyber situational awareness and defensepurposes (including with Defense Industrial Base (DIB) participants in the

program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Governmentactivities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure ofThird-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under thisclause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) isauthorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of thisclause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, andpolicy based restrictions on the Government’s use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws andregulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reportingrequired by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incidentreporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, oras a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall—

(1) Include the substance of this clause, including this paragraph (m), in all subcontracts,including subcontracts for commercial items; and

(2) Require subcontractors to rapidly report cyber incidents directly to DoD athttp://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically

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assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.

252.225-7039 DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONSOUTSIDE 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 PrivateSecurity 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), insubcontracts, including subcontracts for commercial items, when private security functions will be performed outsidethe 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 Defenseupon 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

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORSOUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. “United States,” as used in this clause, means, the 50 States, the District of Columbia, and outlyingareas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing ortraveling 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 non-transitorybasis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third countrynationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness informationcommensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel andtheir 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 subcontractorpersonnel.

(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

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http://www.acq.osd.mil/log/PS/p_vault/item_1997-PSC_1_STD.PDF

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from (ContractingOfficer to insert applicable information cited in PGI 225.372-1).

252.225-7048 EXPORT CONTROLLED ITEMS (JUNE 2013)

(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export AdministrationRegulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts120-130). The term includes:

(1) “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defenseservices, and related technical data, and further defined in the ITAR, 22 CFR Part 120.

(2) “Items,” defined in the EAR as “commodities”, “software”, and “technology,” terms that are also defined in theEAR, 15 CFR 772.1.

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items,including, but not limited to, the requirement for contractors to register with the Department of State in accordancewith the ITAR. The Contractor shall consult with the Department of State regarding any questions relating tocompliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating tocompliance with the EAR.

(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlleditems exists independent of, and is not established or limited by, the information provided by this clause.

(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicableFederal laws, Executive orders, and regulations, including but not limited to—

(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);

(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);

(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);

(4) The Export Administration Regulations (15 CFR Parts 730-774);

(5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and

(6) Executive Order 13222, as extended.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.

252.225-7980 Contractor Personnel Performing in the United States Africa Command Area ofResponsibility. (DEVIATION 2016-O00008)

Use this clause, in lieu of the clause at DFARS 252.225-7040, Contractor Personnel Supporting U.S. ArmedForces Deployed Outside the United States, in all solicitations and contracts, including solicitations and contractsusing FAR part 12 procedures for the acquisition of commercial items, that will require contractor personnel toperform in the United States Africa Command (USAFRICOM) area of responsibility.


“Combatant Commander” means the Commander of the United States Africa Command (USAFRICOM).

“Contractors authorized to accompany the Force,” or “CAAF,” means contractor personnel, including all tiersof subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and havebeen 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 thedirect vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially innon-permissive environments). Personnel collocated with U.S. Armed Forces in applicable operations shall be

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afforded CAAF status through a letter of authorization. In some cases, Combatant Commander or subordinate jointforce 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 theboundaries and territories of the United States.

“Designated reception site” means the designated place for the reception, staging, integration, and onwardmovement of contractors deploying to the USAFRICOM area of responsibility. The designated reception siteincludes 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 ofwar encompasses the international law related to the conduct of hostilities that is binding on the United States or itsindividual citizens, including treaties and international agreements to which the United States is a party, andapplicable customary international law.

“Non-CAAF” means personnel in applicable operations who are not designated as CAAF, such as localnational employees and non-local national 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 arepermanent residents in the operational area) who perform support functions away from the close proximity of, and donot reside with, the U.S. Armed Forces. Government-furnished support to non-CAAF is typically limited to forceprotection, emergency medical care, and basic human needs (e.g., bottled water, latrine facilities, security, and foodwhen necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status doesnot apply to contractor personnel in support of applicable operations within the boundaries and territories of theUnited States.

“Subordinate joint force commander” means a sub-unified commander or joint task force commander.

“U.S. Africa Command (USAFRICOM) area of responsibility,” as used in this clause, means–

(1) The entire continent of Africa, excluding Egypt;

(2) The Atlantic Ocean east and south of the line from Antarctica at 024°W, north to 4°N/024°W,west to 30°W, then north to 21°N/030°W, then east to the African continent; and

(3) The Indian Ocean west and south of the line from Antarctica at 68°E, north to 01°40’S/068°E,and west to the African coast at 01°40’S.

(b) General.

(1) This clause applies to all contractor personnel when performing in the USAFRICOM area ofresponsibility.

(2) Certain requirements in paragraphs (c)(3), (e)(1), and (f) must be specified in the statement of workto be applied to non-CAAF personnel.

(3) Contract performance in the USAFRICOM area of responsibility may require work in dangerousor austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated withrequired contract performance in such operations.

(4) When authorized in accordance with paragraph (j) of this clause to carry arms for personalprotection, contractor personnel are only authorized to use force for individual self-defense.

(5) Unless immune from host nation jurisdiction by virtue of an international agreement orinternational law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forcescan subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and(j)(3) of this clause).

(6) Service performed by contractor personnel subject to this clause is not active duty or service under38 U.S.C. 106 note.

(c) Support.

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(1)(i) The Combatant Commander will develop a security plan for protection of contractor personnelin locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it isin 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 militarymeans, commensurate with the level of security provided DoD civilians.

(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supportingapplicable operations. Additionally, all non-CAAF who are injured while in the vicinity of U. S. Armed Forces willnormally receive emergency medical and dental care. Emergency medical and dental care includes medical caresituations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care includeexamination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repairof broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited tostabilization and short-term medical treatment with an emphasis on return to duty or placement in the patientmovement system.

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

(iii) Medical or dental care beyond this standard is not authorized.

(3)(i) A Synchronized Predeployment and Operational Tracker (SPOT)-generated letter ofauthorization signed by the Contracting Officer is required for certain contractor personnel to process through adeployment center or to travel to, from, or within the USAFRICOM area of responsibility. The requirement appliesto CAAF and, as specified in the statement of work, non-CAAF personnel.

(ii) The letter of authorization will identify any additional authorizations, privileges, orGovernment support that contractor personnel are entitled to under this contract. USAFRICOM has limitedcapability to provide Government-furnished life-support services to contractors in the USAFRICOM area ofresponsibility. In instances where Government-furnished life support services are neither available nor authorized inthe contract, the SPOT-generated letter of authorization, signed by the Contracting Officer, shall be annotated with“None” checked for Government-furnished life-support services.

(iii) Contractor personnel who are issued a letter of authorization shall carry it with them at alltimes while deployed.

(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other supportrequired for its personnel engaged in the USAFRICOM area of responsibility under this contract.

(d) Compliance with laws and regulations.

(1) The Contractor shall comply with, and shall ensure that its personnel performing in theUSAFRICOM area of responsibility 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 internationalagreements;

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

(iv) Orders, directives, and instructions issued by the Combatant Commander, including thoserelating 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 lawof war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) ofthis clause.

(3) The Contractor shall ensure that all contractor personnel are aware—

(i) Of the DoD definition of “sexual assault” in DoDD 6495.01, Sexual Assault Preventionand Response Program;

(ii) That the offenses addressed by the definition are covered under the Uniform Code ofMilitary Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under theUniform Code of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nationlaws; and

(iii) That the offenses not covered by the Uniform Code of Military Justice may neverthelesshave consequences for 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 orcontingency 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 inthe 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 contractorpersonnel 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 DoDpolicy.

(6) The appropriate investigative authorities to which suspected crimes shall be reported include thefollowing—

(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.af.mil;

(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;and

(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 seekguidance 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 enforcementoffice.

(8) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forcesdeployed outside the United States are aware of their rights to—

(i) Hold their own identity or immigration documents, such as passport or driver’s license;

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http://www.cid.army.mil/reportacrime.html

http://www.osi.af.mil/

http://www.ncis.navy.mil/Pages/publicdefault.aspx

http://www.dodig.mil/HOTLINE/index.html


(ii) Receive agreed upon wages on time;

(iii) Take lunch and work-breaks;

(iv) Elect to terminate employment at any time;

(v) Identify grievances without fear of reprisal;

(vi) Have a copy of their employment contract in a language they understand;

(vii) Receive wages that are not below the legal in-country minimum wage;

(viii) Be notified of their rights, wages, and prohibited activities prior to signing theiremployment contract; and

(ix) If housing is provided, live in housing that meets host-country housing and safetystandards.

(e) Preliminary personnel requirements.

(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAFand, as specified in the statement of work, non-CAAF (specific requirements for each category will be specified in thestatement of work or elsewhere in the contract):

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

(ii) All such personnel deploying in support of an applicable operation—

(A) Are medically, dentally, and psychologically fit for deployment and performance oftheir contracted duties;

(B) Meet the minimum medical screening requirements, including theater-specificmedical qualifications as established by the Geographic Combatant Commander (as posted to the GeographicCombatant Commander’s 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 costto 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 thedeployment center.

(3) All such personnel, as specified in the statement of work, shall bring to theUSAFRICOM area of responsibility a copy of the U.S. Centers for Disease Control and Prevention (CDC) Form731, International Certificate of Vaccination or Prophylaxis as approved by the World Health Organization, (alsoknown as "shot record" or "Yellow Card") that shows vaccinations are current.

(iii) Deploying personnel have all necessary passports, visas, and other documents required toenter and exit the USAFRICOM area of responsibility and have a Geneva Conventions identification card, or otherappropriate 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, CAAFare considered non-DoD personnel traveling under DoD sponsorship.

(v) All deploying personnel have received personal security training. At a minimum, thetraining shall—

Cover safety and security issues facing employees overseas;

(B) Identify safety and security contingency planning activities; and

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(C) Identify ways to utilize safety and security personnel and other resourcesappropriately.

(vi) All personnel have received isolated personnel training, if specified in the contract, inaccordance 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 such personnel. The basic training will beprovided through—

(1) A military-run training center; or

(2) A web-based source, if specified in the contract or approved by theContracting Officer.

(B) Advanced training, commensurate with their duties and responsibilities, may berequired 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 notordinarily resident in the host country, that—

(i) Such employees, and dependents residing with such employees, who engage in conductoutside the United States that would constitute an offense punishable by imprisonment for more than one year if theconduct had been engaged in within the special maritime and territorial jurisdiction of the United States, maypotentially be subject to the criminal jurisdiction of the United States in accordance with the Military ExtraterritorialJurisdiction 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 alsoextends to conduct that is determined to constitute a war crime when committed by a civilian national of the UnitedStates;

(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on thepremises of U.S. diplomatic, consular, military or other U.S. Government missions outside the United States (18U.S.C. 7(9));

(iv) In time of declared war or a contingency operation, CAAF and selected non-CAAF aresubject 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 oragainst contractor personnel to appropriate investigative authorities; and,

(vi) Such employees will be provided victim and witness protection and assistance.

(f) Processing and departure points. CAAF and, as specified in the statement of work, non-CAAF personnelshall—

(1) Process through the deployment center designated in the contract, or as otherwise directed by theContracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensurevisibility 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 upon arrival at the deployed location. The designatedreception site will validate personnel accountability, ensure that specific USAFRICOM area of responsibilityentrance requirements are met, and brief contractor personnel on theater-specific policies and procedures.

(g) Personnel data. The Contractor shall—

(1) Use the SPOT web-based system, or its successor, to account for—

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(i) Data for all CAAF supporting the U.S. Armed Forces deployed outside the United States.

(ii) All contractor personnel who are United States citizens and third-country nationals, whenthe personnel will be performing in the USAFRICOM area of responsibility regardless of the length of performanceor contract value; and

(iii) All private security contractor personnel and their equipment, and all other contractorpersonnel authorized to carry weapons, when the personnel are performing in the USAFRICOM area ofresponsibility regardless of the length of performance or contract value.

(2) Enter the required information about their Contractor personnel and their equipment prior todeployment 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 individualContractor personnel relating to their in-theater arrival date and their duty location, including closing out thedeployment with their proper status (e.g., mission complete, killed, wounded) shall be annotated within the SPOTdatabase in accordance with the timelines established in the SPOT Business Rules at http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html.

(3) The Contractor shall submit to the Contracting Officer for SPOT reporting, not later than the 10thday of each month, an aggregate count of all local national employees performing in the USAFRICOM area ofresponsibility, by country of performance, for 30 days or longer under a contract valued at or above $150,000annually. Contractors using local national day laborers shall count each individual hired during the 30-day periodonly once.

(4) For classified contracts, users shall access SPOT at https://spot.dmdc.osd.smil.mil. To obtainaccess, contact the SPOT Customer Support Team via email: [email protected].

(h) Contractor personnel.

(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace anycontractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violateapplicable requirements of this contract. Such action may be taken at the Government’s discretion without prejudiceto 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 essentialand ensure the continuity of essential Contractor services during designated operations, unless, after consultationwith the Contracting Officer, Contracting Officer’s Representative, or local commander, the Contracting Officerdirects withdrawal due to security conditions.

(3) The Contractor shall ensure that contractor personnel follow the guidance at paragraph (e)(2)(v) ofthis clause and any specific Combatant Commander guidance on reporting offenses alleged to have been committedby or against contractor personnel to appropriate investigative authorities.

(4) Contractor personnel shall return all U.S. Government-issued identification, including theCommon Access Card, to appropriate U.S. Government authorities at the end of their deployment (or, fornon-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 authorizedin writing by the Combatant Commander or subordinate joint force commanders. If authorized to wear militaryclothing, contractor personnel must—

(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishablefrom 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

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https://spot.dmdc.mil/

http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html

https://spot.dmdc.osd.smil.mil/


required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.

(3) The deployment center, or the Combatant Commander, shall issue organizational clothing andindividual equipment and shall provide training, if necessary, to ensure the safety and security of contractorpersonnel.

(4) The Contractor shall ensure that all issued organizational clothing is returned to the point ofissue, unless otherwise directed by the Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the USAFRICOM area of responsibilitybe authorized to carry weapons for individual self-defense, the request shall be made through the Contracting Officerto the Combatant Commander, in accordance with DoD Instruction 3020.41. The Combatant Commander willdetermine whether to authorize in-theater contractor personnel to carry weapons and what weapons and ammunitionwill be allowed.

(2) If contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of thisclause, 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 bythe Combatant Commander; and

(C) In compliance with applicable agency policies, agreements, rules, regulations, andother 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 regardingpossession, use, safety, and accountability of weapons and ammunition;

(iv) Comply with applicable Combatant Commander, subordinate joint force commander, andlocal commander force-protection policies; and

(v) Understand that the inappropriate use of force could subject them to U.S. or host-nationprosecution and civil liability.

(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon bycontractor personnel rests solely with the Contractor and the Contractor employee using such weapon.

(5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s authorizationto issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition arereturned as directed by the Contracting Officer.

(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate allvehicles or equipment necessary to perform the contract in the USAFRICOM area of responsibility.

(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization forthe USAFRICOM area of responsibility whose function is to determine that certain items are scarce goods orservices, the Contractor shall coordinate with that organization local purchases of goods and services designated asscarce, 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

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Government will provide assistance, to the extent available, to contractor personnel who are U.S. citizens and thirdcountry nationals.

(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the ContractingOfficer, 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 theevent an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, orabducted.

(2) The Government will assist in personnel recovery actions in accordance with DoD Directive3002.01E, Personnel Recovery in the Department of Defense.

(o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall becovered by the DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, andDoD Instruction 3020.41, Operational Contract Support.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, theContracting Officer may, at any time, by written order identified as a change order, make changes in the place ofperformance or Government-furnished facilities, equipment, material, services, or site. Any change order issued inaccordance 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 that require subcontractor personnel to perform in the USAFRICOM area of responsibility.

252.225-7981 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS(OTHER THAN USCENTCOM) (DEVIATION 2015-O0016) (SEP 2015)

(a) In addition to any other existing examination-of-records authority, the Government is authorized to examine anyrecords of the Contractor and its subcontractors to the extent necessary to ensure that funds, including supplies andservices, available under this contract are not provided, directly or indirectly, to a person or entity that is activelyopposing United States or coalition forces involved in a contingency operation in which members of the ArmedForces are actively engaged in hostilities.

(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts, includingsubcontracts for commercial items, under this contract that have an estimated value over $50,000 and will beperformed outside the United States and its outlying areas.

252.225-7985, Contractor Personnel Performing in Support of Operation United Assistance (OUA) in theUnited States Africa Command (USAFRICOM) Theater of Operations (DEVIATION 2015-00003)(DECEMBER 2014)

(a) Synchronized ?redeployment and Operational Tracher (SPOT ).

(1) For United States citizen and third-country national Contractor personnel performing under this contract insupport of OUA in the USAFRICOM theater of operations, the Contractor shall-

(i) Comply with the SPOT registration requirements at paragraph (a)(2) of this clause;

(ii) Use the SPOT web- based system to enter and maintain accurate, up to-date information on individualContractor personnel throughout employment in support of OUA in the USAFRICOM theater of operations area;and

(iii) Annotate changes to status of individual Contractor personnel relating to their in-theater arrival date, dutylocation, and medical quarantine status, to include closing out the employment with their proper status (e.g.,mission complete, killed, wounded), within the SPOT web-based system in accordance with the processes andtimelines established in the SPOT business rules at

http://www.acg .osd.mil/log/PS/spot.html.

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http://www.acg/

(2) SPOT registration requirements.

(i) SPOT registration requires one of the following login methods:

(A) A Common Access Card (CAC) or a SPOT-approved digital Certificate.

(B) A Government-sponsored SPOT user ID and password. This type of log-in method is only allowed for thoseindividuals who are not authorized to obtain a CAC or an external digital certificate, and requires SPOT ProgramManagement Office approval.

(ii) Contractor administrators shall register for a SPOT account at

https://spot.dmdc.mil.

(iii) The SPOT Customer Support Team must validate user need. This process may take two business days.Contractor representatives will be contacted to validate Contractor administrator account requests and determine theappropriate level of user access.

(iv) Upon approval, all users shall access SPOT at

https://spot.dmdc.mil/.

(v) Refer SPOT application assistance questions to the Customer

Support Team at-

(A) Phone: 703-578-5407, DSN 312-698-5407; or

(B) Email: [email protected]. (vi) Refer to the SPOT OSD Program Supportwebsite at

http://www.acg .osd.milllog/PS/spot.html for additional training resources and

documentation regarding registra tion for and use of SPOT.

(b) Monthly report. The Contractor shall provide to the Contracting Officer, on a monthly basis, the aggregatecount, by country, of all local national Contractor employees performing on service or construction contracts for30-days or longer.

(c) Contractor emergency medical care. For United States citizen and third country national Contractor personnelperforming under this contract in support of OUA in the USAFRICOM theater of operations-

(1) Contractor employees shall receive emergency care in military treatment facilities and emergency evacuation inorder to save life, limb, or eyesight. Contractor employees shall be stabilized, and then referred to their health ca resystem as soon as the emergency period ends. Inter-theater emergency evacuation requires patient movementapproval;

Class Deviation-Contractor Personnel Performing in Support of Operation United Assistance

(OUA) in the United States Africa Command (USAFRICOM) Theater of Operations

(2) Contractor employees shall have a Letter of Authorization (LOA) and a valid government-issued photo ID andpassport;

(3) Sick call or routine medical care will not be provided;

(4) Primary medical and/or dental care is not authorized; and

(5) Emergency medical care costs will be reimbursed in accordance with the terms of the DoD contract.

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http://www.acg/

(d) Medical evacuation of contractor personnel.

(1) For United States citizen and third-country national Contractor personnel performing under this contract, DoDwill provide-

(i) Aero-medical evacuation ofEbola Virus Disease (EVD) exposed but asymptomatic, EVD infected, and EVDsymptomatic patients out of the Ebola affected nations when available and in accordance with the contract terms andconditions, in coordination with the United States Transportation Command (USTRANSCOM) and/or commercialcarriers as available, on a reimbursable basis via the most appropriate means of conveyance; and

(ii) Aero-medical evacuation of non-Ebola-related and no-risk patients out of the Ebola-affected nations when able andin accordance with the contract terms and conditions , in coordination with USTRANSCOM and/or commercialcarriers as available, on a reimbursable and case-by-case basis.

(2) For local national Contractor personnel performing under this contract in support of OUA in the USAFRICOMtheater of operations-

(i) Non-healthcare provider employees who are deemed EVD symptomatic and infected shall be referred to a localEbola treatment unit for treatment; and

(ii) Healthcare provider employees who are deemed EVD-symptomatic and infected shall be referred to the MonroviaMedical Unit for treatment.

(3) Unless specified elsewhere in the contract, the Contractor is responsible for all other support required for itspersonnel performing in the designated operational area. Allowable costs are determined in accordance with FARsubpart 31.

(e) Upon redeployment from an Ebola-affected nation, Contractor personnel performing under this contract shallcomply with the following--

(1) U.S. Federal, including Centers for Disease Control and Prevention, and State and local public health authorityrequirements for return to, and activities in, the United States and its territories; and

(2) Other foreign nation requirements as stipulated for entry into those countries or territories.

(f) Other government-furnished support.

(1) Any contractor who is entitled to U.S. Government-furnished support must have a SPOT-generated LOA signedby the Contracting Officer in order to travel to, from, or within the OUA Joint Operational Area (JOA). The LOAalso will identify any additional authorizations, privileges, or U.S. Government support to which contractorpersonnel are entitled under this contract.

(2) In accordance with DFARS Subpart 225.7402, the Government will provide Contractor personnel the serviceschecked below: [Contracting Officer to enter the names of the Contractor operating locations that the requiringactivity has properly coordinated with the applicable Joint Forces Command (JFC) representatives.]

(i) For United States citizens:

X_ APO/FPO Postal Service

X_ Billeting

X_ CAC

X_ Contractors Authorized to Accompany Forces (CAAF)

X_ Government Dining Facilities (DFAC)

X_ Excess Baggage

X_ Government Furnished Meals

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__ Local Access Badge

__ Military Banking

X_ Military Exchange

__ Military Issued Clothing

X_ Laundry

X_ Military Issued Equipment

X_Morale, Welfare, and Recreation (MWR) Facilities

__ Non-CAAF

X_Transportation (land transportation within OUA area)

_ All of the above

_ None of the above

(ii) For third-country national employees:

_Billeting CAC CAAF DFAC

_ Excess Baggage

_ Government Furnished Meals

_ Local Access Badge

_Military Banking

_ Military issued clothing

_Military Issued Equipment

_ Non-CAAF

_Transportation (land transportation within OUA area)

_ All of the above

X None of the above

(iii) Local National (LN) employees

_CAC CAAF DFAC

_Government Furnished Meals

_ Local Access Badge

_Military Issued Clothing

_Military Issued Equipment

_ Non-CAAF

_Transportation (land transportation within OUA area)

_ All of the above

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X None of the above

(3) In the event of any discrepancy between the checked above and the description of services in the Statement ofWork, this clause will take precedence.

(4) Due to the urgency and timing of OUA JOA efforts, DFACs may not be fully operational. Hot meals maydecrease from three per day to one or none per day. Meals Ready to Eat (MREs) may be substituted forDFAC-provided meals; however, contractors will receive the same meal standards as provided to military and DoDcivilian personnel.

(g) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (g)-

(I) In all subcontracts that require subcontractor personnel that are United States citizens or third-country nationals toperform outside the United States in support of OUA in the USAFRICOM theater of operations; and

(2) In subcontracts, to the maximum extent practicable, that require only subcontractor personnel that are localnationals to perform outside the United States in support of OUA in the USAFRICOM theater of operations.

252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2015-O0016) (SEP2015)

(a) The Contractor shall—

(1) Exercise due diligence to ensure that none of the funds, including supplies and services, receivedunder this contract are provided directly or indirectly (including through subcontracts) to a person or entity who isactively opposing United States or Coalition forces involved in a contingency operation in which members of theArmed Forces are actively engaged in hostilities;

(2) Check the list of prohibited/restricted sources in the System for Award Management atwww.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 aprohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the ContractingOfficer provides to the Contractor written approval of the Head of the Contracting Activity to continue thesubcontract.

(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 Activitydetermines 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 inwriting that any funds received under this contract have been provided directly or indirectly to a person or entitywho is actively opposing United States or Coalition forces involved in a contingency operation in which membersof the Armed Forces are actively engaged in hostilities.

(ii) When voided in whole or in part, a contract is unenforceable as contrary to publicpolicy, 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, includingsubcontracts for commercial items, under this contract that have an estimated value over $50,000 and will beperformed outside the United States and its outlying areas.

252.225-7994 Additional Access to Contractor and Subcontractor Records in the United States CentralCommand 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

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examine any records of the Contractor to the extent necessary to ensure that funds available under this contract arenot—

(1) Subject to extortion or corruption; or

(2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwiseactively opposing United States or coalition forces in a contingency operation.

(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under thiscontract that have an estimated value over $100,000.

252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRALCOMMAND AREA OF RESPONSIBILITY (DEVIATION 2015-00009)(JAN 2015)


“Combatant Commander” means the Commander of the United States Central Command Area ofResponsibility.

“Contractors authorized to accompany the Force,” or “CAAF,” means contractor personnel, including all tiersof subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and havebeen 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 thedirect vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially innon-permissive environments). Personnel collocated with U.S. Armed Forces shall be afforded CAAF statusthrough a letter of authorization. In some cases, Combatant Commander subordinate commanders may designatemission-essential host nation or local national contractor employees (e.g., interpreters) as CAAF. CAAF includescontractors previously identified as contractors deploying with the U.S. Armed Forces. CAAF status does notapply to contractor personnel in support of applicable operations within the boundaries and territories of the UnitedStates.

“Designated reception site” means the designated place for the reception, staging, integration, and onwardmovement of contractors deploying during a contingency. The designated reception site includes assigned jointreception 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 ofwar encompasses all international law for the conduct of hostilities binding on the United States or its individualcitizens, including treaties and international agreements to which the United States is a party, and applicablecustomary international law.

“Non-CAAF” means personnel who are not designated as CAAF, such as local national (LN) employees andnon-LN employees who are permanent residents in the operational area or third-country nationals not routinelyresiding with U.S. Armed Forces (and third-country national expatriates who are permanent residents in theoperational 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, emergencymedical care, and basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) whenperforming their jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status does not apply to contractorpersonnel 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 StatesCentral Command (USCENTCOM) Area of Responsibility (AOR)

(2) Contract performance in USCENTCOM AOR may require work in dangerous or austere

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conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contractperformance in such operations.

(3) When authorized in accordance with paragraph (j) of this clause to carry arms for personalprotection, 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 orinternational law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces cansubject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of thisclause).

(5) Service performed by contractor personnel subject to this clause is not active duty or serviceunder 38 U.S.C. 106 note.

(c) Support.

(1)(i) The Combatant Commander will develop a security plan for protection of contractor personnelin locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it isin 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 militarymeans, commensurate with the level of security provided DoD civilians.

(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supportingapplicable operations. Additionally, non-CAAF employees who are injured while in the vicinity of U. S. ArmedForces will normally receive emergency medical and dental care. Emergency medical and dental care includesmedical care situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dentalcare include examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependentdrugs; repair of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will belimited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patientmovement system.

(ii) When the Government provides medical treatment or transportation of Contractorpersonnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costsassociated 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)-generatedletter 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 aletter 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 itspersonnel 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 theUSCENTCOM 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

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agreements;

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

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

(2) The Contractor shall institute and implement an effective program to prevent violations of the lawof war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) ofthis 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 Preventionand Response Program;

(ii) That the offenses addressed by the definition are covered under the Uniform Code ofMilitary Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under theUniform Code of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nationlaws; and

(iii) That the offenses not covered by the Uniform Code of Military Justice may neverthelesshave 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 orcontingency 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 inthe 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 contractorpersonnel 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 DoDpolicy.

(6) The appropriate investigative authorities to which suspected crimes shall be reported include thefollowing—

(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 seekguidance through the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html.

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http://www.cid.army.mil/reportacrime.html

http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522

http://www.ncis.navy.mil/Pages/publicdefault.aspx



Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcementoffice.

(8) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forcesdeployed outside the United States are aware of their rights to—

(A) Hold their own identity or immigration documents, such as passport or driver’slicense;

(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 theiremployment contract; and

(I) If housing is provided, live in housing that meets host-country housing and safetystandards.

(e) Preliminary personnel requirements.

(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specificrequirements 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 andperformance of their contracted duties;

(B) Meet the minimum medical screening requirements, including theater-specificmedical qualifications as established by the geographic Combatant Commander (as posted to the Geographic CombatantCommander’s 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 nocost 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 thedeployment center.

(3) All CAAF and selected non-CAAF, as specified in thestatement 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 enterand exit the USCENTCOM AOR and have a Geneva Conventions identification card, or other appropriate DoD identitycredential, from the deployment center.

(iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearancerequirements are in DoD Directive 4500.54E, DoD Foreign Clearance Program. For this purpose, CAAF are considerednon-DoD contractor personnel traveling under DoD sponsorship.

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(v) All deploying personnel have received personal security training. At a minimum, the trainingshall—

(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, inaccordance 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 providedthrough—

(1) A military-run training center; or

(2) A web-based source, if specified in the contract or approved by theContracting Officer.

(B) Advanced training, commensurate with their duties and responsibilities, may berequired 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 notordinarily resident in the host country, that—

(i) Such employees, and dependents residing with such employees, who engage in conductoutside the United States that would constitute an offense punishable by imprisonment for more than one year if theconduct had been engaged in within the special maritime and territorial jurisdiction of the United States, maypotentially be subject to the criminal jurisdiction of the United States in accordance with the Military ExtraterritorialJurisdiction 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 alsoextends to conduct that is determined to constitute a war crime when committed by a civilian national of the UnitedStates;

(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on thepremises of U.S. diplomatic, consular, military or other U.S. Government missions outside the United States (18U.S.C. 7(9)); and

(iv) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction ofthe 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 againstcontractor 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 theContracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensurevisibility 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. TheDRS will validate personnel accountability, ensure that specific USCENTCOM AOR entrance requirements are met,

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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 bythis 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 shallcontinue to use SPOT web-based system to maintain accurate, up-to-date information throughout the employmentin the AOR. Changes to status of individual contractor personnel relating to their in-theater arrival date and theirduty 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 theSPOT business rules.[1]

(i) In all circumstances, this includes any personnel performing private security functions and CAAF.

(ii) For personnel other than those performing private security functions and CAAF, this requirement excludesanyone —

(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 thoseindividuals who are not authorized to obtain a CAC or an external digital certificate, and requires SPOT ProgramManagement 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. Companysupervisors will be contacted to validate Contractor company administrator account requests and determine theappropriate 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: [email protected].

(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 anycontractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violateapplicable requirements of this contract. Such action may be taken at the Government’s discretion without prejudiceto its rights under any other provision of this contract, including the Termination for Default clause.

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http://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2015-O0009_Attachment.docx#_ftn1




http://www.acq.osd.mil/log/PS/spot.html

(2) The Contractor shall identify all personnel who occupy a position designated as missionessential and ensure the continuity of essential Contractor services during designated operations, unless, afterconsultation with the Contracting Officer, Contracting Officer’s representative, or local commander, the ContractingOfficer 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 oragainst contractor personnel to appropriate investigative authorities.

(4) Contractor personnel shall return all U.S. Government-issued identification, to include theCommon Access Card, to appropriate U.S. Government authorities at the end of their deployment (or, for non-CAAF, atthe end of their employment under this contract).

(i) Military clothing and protective equipment.

(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorizedin 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 distinguishablefrom 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 providetraining, 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, unlessotherwise directed by the Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the USCENTCOM AOR beauthorized to carry weapons for individual self-defense, the request shall be made through the Contracting Officer to theCombatant Commander, in accordance with DoD Instruction 3020.41. The Combatant Commander will determinewhether 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 thisclause, 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 forceissued by the Combatant Commander; and

(C) In compliance with applicable agency policies, agreements, rules, regulations, and otherapplicable 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 regardingpossession, use, safety, and accountability of weapons and ammunition;

(iv) Comply with applicable Combatant Commander and local commander force-protection policies; and

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(v) Understand that the inappropriate use of force could subject them to U.S. orhost-nation prosecution and civil liability.

(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon bycontractor personnel rests solely with the Contractor and the Contractor employee using such weapon.

(5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s authorizationto issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition arereturned as directed by the Contracting Officer.

(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate allvehicles 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 forthe USCENTCOM AOR whose function is to determine that certain items are scarce goods or services, theContractor shall coordinate with that organization local purchases of goods and services designated as scarce, inaccordance with instructions provided by the Contracting Officer.

(m) Evacuation.

(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, theGovernment will provide assistance, to the extent available, to United States and third country national contractorpersonnel.

(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the ContractingOfficer, 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 theevent an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, orabducted.

(2) In the case of isolated, missing, detained, captured, or abducted contractor personnel, theGovernment will assist in personnel recovery actions in accordance with DoD Directive 3002.01E, PersonnelRecovery in the Department of Defense.

(o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered bythe DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD Instruction3020.41, Operational Contractor Support.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, theContracting Officer may, at any time, by written order identified as a change order, make changes in the place ofperformance or Government-furnished facilities, equipment, material, services, or site. Any change order issued inaccordance 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.

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 AfghanistanCombined Joint Operations Area (CJOA).

(b) Demobilization plan. The Contractor shall submit a demobilization plan to the Contracting Officer for approval aminimum of 120 calendar days prior to the end of the current contract performance period or as otherwise directed bythe Contracting Officer. Upon acceptance of the demobilization plan by the Contracting Officer, the demobilizationplan becomes a material part of the contract and the Contractor agrees to fully perform its demobilization inaccordance with that plan. The demobilization plan shall address the items specified in this clause and must

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demonstrate the Contractor’s plans and ability to remove its personnel and equipment from the CJOA and to returnGovernment 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, oras otherwise directed by the Contracting Officer, the Contractor shall provide written information to the ContractingOfficer and Contracting Officer Representative that addresses the Contractor’s progress in implementing the plan.The Contractor shall continue to provide the information in the preceding sentence until the Contractor hascompletely and properly demobilized. If the Contracting Officer or Contracting Officer Representative identifiesdeficiencies with the plan, as approved, or with the implementation of that plan, the Contractor shall submit acorrective action plan (CAP) to those officials within five calendar days to remedy those deficiencies. TheContracting 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 itspersonnel 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 conditionwhich 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, ThirdCountry Nationals (TCN), Local Nationals (LN)) and, for U.S. and TCN personnel, identify the point of origin orhome country to which they will be transported and the timeline for accomplishing that objective. If U.S. or TCNemployees have authorization to remain in the CJOA after completion of demobilization, the plan shall identify thename each individual, their nationality, their location in the CJOA, and provide a copy of the authorization. Theplan 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. TheContractor 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 Contractorintends 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 contractor through any separate agreement or arrangement (e.g., Installation Mayors, Garrison Commanders). The plan shallalso identify the timeline for vacating or returning that property to the Government, including proposed dates forconducting joint inspections.

(e) Demobilization requirements:

(1) The Contractor shall demobilize and return its personnel to their point of origin or home country according tothe approved demobilization plan.

(2) The Contractor is not authorized to use Government-furnished transportation unless specifically authorized inthis contract.

(3) The Contractor may request an extension of the LOAs only for those Contractor personnel whose presence isrequired to execute the approved demobilization plan. The Contractor shall submit its request no later than 30calendar days prior to the expiration of the current period of performance. LOAs may only be extended for a periodup to 30 calendar days after expiration of the current performance period. The request shall contain the followinginformation:

(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 thedemobilization period). The Contractor is not entitled to any additional compensation if LOAs are extended.

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(4) The Contractor shall close out their employees deployments with the proper status entered into the SynchronizedPre-Deployment Operational Tracker (SPOT) database (e.g. active, redeployed, no-shows, killed, injured) within 72hours of their employee’s re-deployment and, if applicable, release their personnel in SPOT.

(5) All Contractor equipment that is lost, abandoned or unclaimed personal property that comes into the custody orcontrol of the Government after the demobilization period has ended may be sold or otherwise disposed of inaccordance with 10 U.S.C. section 2575. Notwithstanding the previous sentence and the Government’s authorityunder 10 U.S.C. section 2575, the Government may exercise any other contractual rights for the Contractor’s failureto perform in accordance with its demobilization plan.

(6) If the Contractor waives its interest to all lost, abandoned or unclaimed personal property, the Contractor maystill 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 with10 U.S.C. section 2575.

(8) The Contractor shall return all Government property provided or made available under this contract or throughany separate agreement. The Contractor shall report all lost or damaged Government property in accordance withDFARS 52.245-1(h) unless other procedures are identified in the contract or separate agreement. If the Governmentinspects the property and finds that damages or deficiencies have not been reported by the end of the demobilizationperiod, the Government may reduce payments under the contract by the amounts required to correct the damages ordeficiencies or replace the loss.

(9) The Contractor is liable for all cleanup, clearing, and/or environmental remediation expenses incurred by theGovernment in returning a Government facility to its original condition. If damages or deficiencies are discoveredduring the inspection of said facility, the Contractor shall make the necessary repairs or corrections and then notifythe Installation Mayor, Garrison Commander, or their designees to arrange for a re-inspection of the facility. If theInstallation Mayor or Garrison Commander inspects the facility and finds that damages or deficiencies

252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)


(1) "Computer data base" means a collection of data recorded in a form capable of being processed by a computer.The term does not include computer software.

(2) "Computer program" means a set of instructions, rules, or routines recorded in a form that is capable of causing acomputer to perform a specific operation or series of operations.

(3) "Computer software" means computer programs, source code, source code listings, object code listings, designdetails, algorithms, processes, flow charts, formulae and related material that would enable the software to bereproduced, recreated, or recompiled. Computer software does not include computer data bases or computer softwaredocumentation.

(4) "Computer software documentation" means owner's manuals, user's manuals, installation instructions, operatinginstructions, and other similar items, regardless of storage medium, that explain the capabilities of the computersoftware or provide instructions for using the software.

(5) "Covered Government support contractor" means a contractor (other than a litigation support contractor coveredby

252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice ortechnical assistance directly to the Government in support of the Government’s management and oversight of aprogram or effort (rather than to directly furnish an end item or service to accomplish a program or effort), providedthat the contractor—

(i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct

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competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the typedeveloped or produced on the program or effort; and

(ii) Receives access to technical data or computer software for performance of a Government contract that contains theclause at

252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with RestrictiveLegends.

(6) "Detailed manufacturing or process data" means technical data that describe the steps, sequences, and conditionsof manufacturing, processing or assembly used by the manufacturer to produce an item or component or to perform aprocess.

(7) "Developed" means that an item, component, or process exists and is workable. Thus, the item or componentmust have been constructed or the process practiced. Workability is generally established when the item,component, or process has been analyzed or tested sufficiently to demonstrate to reasonable people skilled in theapplicable art that there is a high probability that it will operate as intended. Whether, how much, and what type ofanalysis or testing is required to establish workability depends on the nature of the item, component, or process, andthe state of the art. To be considered "developed," the item, component, or process need not be at the stage where itcould be offered for sale or sold on the commercial market, nor must the item, component, or process be actuallyreduced to practice within the meaning of Title 35 of the United States Code.

(8) "Developed exclusively at private expense" means development was accomplished entirely with costs charged toindirect cost pools, costs not allocated to a government contract, or any combination thereof.

(i) Private expense determinations should be made at the lowest practicable level.

(ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the contract,the additional development costs necessary to complete development shall not be considered when determiningwhether development was at government, private, or mixed expense.

(9) "Developed exclusively with government funds" means development was not accomplished exclusively orpartially at private expense.

(10) "Developed with mixed funding" means development was accomplished partially with costs charged to indirectcost pools and/or costs not allocated to a government contract, and partially with costs charged directly to agovernment contract.

(11) "Form, fit, and function data" means technical data that describes the required overall physical, functional, andperformance characteristics (along with the qualification requirements, if applicable) of an item, component, orprocess to the extent necessary to permit identification of physically and functionally interchangeable items.

(12) "Government purpose" means any activity in which the United States Government is a party, includingcooperative agreements with international or multi-national defense organizations, or sales or transfers by the UnitedStates Government to foreign governments or international organizations. Government purposes include competitiveprocurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technicaldata for commercial purposes or authorize others to do so.

(13) "Government purpose rights" means the rights to—

(i) Use, modify, reproduce, release, perform, display, or disclose technical data within the Government withoutrestriction; and

(ii) Release or disclose technical data outside the Government and authorize persons to whom release or disclosurehas been made to use, modify, reproduce, release, perform, display, or disclose that data for United Statesgovernment purposes.

(14) "Limited rights" means the rights to use, modify, reproduce, release, perform, display, or disclose technicaldata, in whole or in part, within the Government. The Government may not, without the written permission of theparty asserting limited rights, release or disclose the technical data outside the Government, use the technical data

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for manufacture, or authorize the technical data to be used by another party, except that the Government mayreproduce, release, or disclose such data or authorize the use or reproduction of the data by persons outside theGovernment if—

(i) The reproduction, release, disclosure, or use is—

(A) Necessary for emergency repair and overhaul; or

(B) A release or disclosure to—

(1)

A covered Government support contractor in performance of its covered Government support contract for use,modification, reproduction, performance, display, or release or disclosure to a person authorized to receive limitedrights technical data; or

(2) A foreign government, of technical data other than detailed manufacturing or process data, when use of such databy the foreign government is in the interest of the Government and is required for evaluational or informationalpurposes;

(ii) The recipient of the technical data is subject to a prohibition on the further reproduction, release, disclosure, oruse of the technical data; and

(iii) The contractor or subcontractor asserting the restriction is notified of such reproduction, release, disclosure, oruse.

(15) "Technical data" means recorded information, regardless of the form or method of the recording, of a scientific ortechnical nature (including computer software documentation). The term does not include computer software or dataincidental to contract administration, such as financial and/or management information.

(16) "Unlimited rights" means rights to use, modify, reproduce, perform, display, release, or disclose technical datain whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.

(b) Rights in technical data. The Contractor grants or shall obtain for the Government the following royalty free,world-wide, nonexclusive, irrevocable license rights in technical data other than computer software documentation(see the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentationclause of this contract for rights in computer software documentation):

(1) Unlimited rights. The Government shall have unlimited rights in technical data that are—

(i) Data pertaining to an item, component, or process which has been or will be developed exclusively withGovernment funds;

(ii) Studies, analyses, test data, or similar data produced for this contract, when the study, analysis, test, or similarwork was specified as an element of performance;

(iii) Created exclusively with Government funds in the performance of a contract that does not require thedevelopment, manufacture, construction, or production of items, components, or processes;

(iv) Form, fit, and function data;

(v) Necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing orprocess data);

(vi) Corrections or changes to technical data furnished to the Contractor by the Government;

(vii) Otherwise publicly available or have been released or disclosed by the Contractor or subcontractor withoutrestrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, orother assignment of interest in the technical data to another party or the sale or transfer of some or all of a businessentity or its assets to another party;

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(viii) Data in which the Government has obtained unlimited rights under another Government contract or as a resultof negotiations; or

(ix) Data furnished to the Government, under this or any other Government contract or subcontract thereunder,with—

(A) Government purpose license rights or limited rights and the restrictive condition(s) has/have expired; or

(B) Government purpose rights and the Contractor's exclusive right to use such data for commercial purposes hasexpired.

(2) Government purpose rights.

(i) The Government shall have government purpose rights for a five-year period, or such other period as may benegotiated, in technical data—

(A) That pertain to items, components, or processes developed with mixed funding except when the Government isentitled to unlimited rights in such data as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of thisclause; or

(B) Created with mixed funding in the performance of a contract that does not require the development, manufacture,construction, or production of items, components, or processes.

(ii) The five-year period, or such other period as may have been negotiated, shall commence upon execution of thecontract, subcontract, letter contract (or similar contractual instrument), contract modification, or option exercise thatrequired development of the items, components, or processes or creation of the data described in paragraph (b)(2)(i)(B) of this clause. Upon expiration of the five-year or other negotiated period, the Government shall haveunlimited rights in the technical data.

(iii) The Government shall not release or disclose technical data in which it has government purpose rights unless—

(A) Prior to release or disclosure, the intended recipient is subject to the non-disclosure agreement at

227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS); or

(B) The recipient is a Government contractor receiving access to the data for performance of a Government contractthat contains the clause at DFARS

252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with RestrictiveLegends.

(iv) The Contractor has the exclusive right, including the right to license others, to use technical data in which theGovernment has obtained government purpose rights under this contract for any commercial purpose during the timeperiod specified in the government purpose rights legend prescribed in paragraph (f)(2) of this clause.

(3) Limited rights.

(i) Except as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of this clause, the Government shallhave limited rights in technical data—

(A) Pertaining to items, components, or processes developed exclusively at private expense and marked with thelimited rights legend prescribed in paragraph (f) of this clause; or

(B) Created exclusively at private expense in the performance of a contract that does not require the development,manufacture, construction, or production of items, components, or processes.

(ii) The Government shall require a recipient of limited rights data for emergency repair or overhaul to destroy thedata and all copies in its possession promptly following completion of the emergency repair/overhaul and to notifythe Contractor that the data have been destroyed.

(iii) The Contractor, its subcontractors, and suppliers are not required to provide the Government additional rights

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to use, modify, reproduce, release, perform, display, or disclose technical data furnished to the Government withlimited rights. However, if the Government desires to obtain additional rights in technical data in which it haslimited rights, the Contractor agrees to promptly enter into negotiations with the Contracting Officer to determinewhether there are acceptable terms for transferring such rights. All technical data in which the Contractor has grantedthe Government additional rights shall be listed or described in a license agreement made part of the contract. Thelicense shall enumerate the additional rights granted the Government in such data.

(iv) The Contractor acknowledges that—

(A) Limited rights data are authorized to be released or disclosed to covered Government support contractors;

(B) The Contractor will be notified of such release or disclosure;

(C) The Contractor (or the party asserting restrictions as identified in the limited rights legend) may require eachsuch covered Government support contractor to enter into a non-disclosure agreement directly with the Contractor(or the party asserting restrictions) regarding the covered Government support contractor’s use of such data, oralternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for anon-disclosure agreement; and

(D) Any such non-disclosure agreement shall address the restrictions on the covered Government support contractor'suse of the limited rights data as set forth in the clause at

252.227-7025, Limitations on the Use or Disclosure of Government- Furnished Information Marked with RestrictiveLegends. The non-disclosure agreement shall not include any additional terms and conditions unless mutuallyagreed to by the parties to the non-disclosure agreement.

(4) Specifically negotiated license rights. The standard license rights granted to the Government under paragraphs(b)(1) through (b)(3) of this clause, including the period during which the Government shall have governmentpurpose rights in technical data, may be modified by mutual agreement to provide such rights as the parties considerappropriate but shall not provide the Government lesser rights than are enumerated in paragraph (a)(14) of thisclause. Any rights so negotiated shall be identified in a license agreement made part of this contract.

(5) Prior government rights. Technical data that will be delivered, furnished, or otherwise provided to theGovernment under this contract, in which the Government has previously obtained rights shall be delivered,furnished, or provided with the pre-existing rights, unless—

(i) The parties have agreed otherwise; or

(ii) Any restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclose thedata have expired or no longer apply.

(6) Release from liability. The Contractor agrees to release the Government from liability for any release ordisclosure of technical data made in accordance with paragraph (a)(14) or (b)(2)(iii) of this clause, in accordance withthe terms of a license negotiated under paragraph (b)(4) of this clause, or by others to whom the recipient hasreleased or disclosed the data and to seek relief solely from the party who has improperly used, modified,reproduced, released, performed, displayed, or disclosed Contractor data marked with restrictive legends.

(c) Contractor rights in technical data. All rights not granted to the Government are retained by the Contractor.

(d) Third party copyrighted data. The Contractor shall not, without the written approval of the Contracting Officer,incorporate any copyrighted data in the technical data to be delivered under this contract unless the Contractor is thecopyright owner or has obtained for the Government the license rights necessary to perfect a license or licenses in thedeliverable data of the appropriate scope set forth in paragraph (b) of this clause, and has affixed a statement of thelicense or licenses obtained on behalf of the Government and other persons to the data transmittal document.

(e) Identification and delivery of data to be furnished with restrictions on use, release, or disclosure.

(1) This paragraph does not apply to restrictions based solely on copyright.

(2) Except as provided in paragraph (e)(3) of this clause, technical data that the Contractor asserts should befurnished to the Government with restrictions on use, release, or disclosure are identified in an attachment to this

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contract (the Attachment). The Contractor shall not deliver any data with restrictive markings unless the data arelisted on the Attachment.

(3) In addition to the assertions made in the Attachment, other assertions may be identified after award when basedon new information or inadvertent omissions unless the inadvertent omissions would have materially affected thesource selection decision. Such identification and assertion shall be submitted to the Contracting Officer as soon aspracticable prior to the scheduled date for delivery of the data, in the following format, and signed by an officialauthorized to contractually obligate the Contractor:

Identification and Assertion of Restrictions on the Government's Use, Release,

or Disclosure of Technical Data.

The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, ordisclose the following technical data should be restricted—

Technical Data Name of Personto be Furnished Basis for Asserted Rights Asserting

With Restrictions* Assertion** Category*** Restrictions****(LIST) (LIST) (LIST) (LIST)

*If the assertion is applicable to items, components, or processes developed at private expense,identify both the data and each such item, component, or process.

**Generally, the development of an item, component, or process at private expense, eitherexclusively or partially, is the only basis for asserting restrictions on the Government's rights to use,release, or disclose technical data pertaining to such items, components, or processes. Indicatewhether development was exclusively or partially at private expense. If development was not atprivate expense, enter the specific reason for asserting that the Government's rights should berestricted.

***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rightsin SBIR data generated under another contract, limited or government purpose rights under this or aprior contract, or specifically negotiated licenses).

****Corporation, individual, or other person, as appropriate.

Date _________________________________Printed Name and Title _________________________________

_________________________________Signature _________________________________

(End of identification and assertion) (4) When requested by the Contracting Officer, the Contractor shall provide sufficientinformation to enable the Contracting Officer to evaluate the Contractor's assertions. TheContracting Officer reserves the right to add the Contractor's assertions to the Attachment andvalidate any listed assertion, at a later date, in accordance with the procedures of the Validation ofRestrictive Markings on Technical Data clause of this contract.(f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assertrestrictions on the Government's rights to use, modify, reproduce, release, perform, display, ordisclose technical data to be delivered under this contract by marking the deliverable data subjectto restriction. Except as provided in paragraph (f)(5) of this clause, only the following legends areauthorized under this contract: the government purpose rights legend at paragraph (f)(2) of thisclause; the limited rights legend at paragraph (f)(3) of this clause; or the special license rightslegend at paragraph (f)(4) of this clause; and/or a notice of copyright as prescribed under 17 U.S.C.401 or 402.

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(1) General marking instructions. The Contractor, or its subcontractors or suppliers, shallconspicuously and legibly mark the appropriate legend on all technical data that qualify for suchmarkings. The authorized legends shall be placed on the transmittal document or storage containerand, for printed material, each page of the printed material containing technical data for whichrestrictions are asserted. When only portions of a page of printed material are subject to theasserted restrictions, such portions shall be identified by circling, underscoring, with a note, or otherappropriate identifier. Technical data transmitted directly from one computer or computer terminalto another shall contain a notice of asserted restrictions. Reproductions of technical data or anyportions thereof subject to asserted restrictions shall also reproduce the asserted restrictions. (2) Government purpose rights markings. Data delivered or otherwise furnished to theGovernment with government purpose rights shall be marked as follows:

GOVERNMENT PURPOSE RIGHTSContract No. ________________________________________Contractor Name ________________________________________Contractor Address ________________________________________

Expiration Date ________________________________________

The Government's rights to use, modify, reproduce, release, perform, display, or disclose thesetechnical data are restricted by paragraph (b)(2) of the Rights in Technical Data—NoncommercialItems clause contained in the above identified contract. No restrictions apply after the expirationdate shown above. Any reproduction of technical data or portions thereof marked with this legendmust also reproduce the markings.

(End of legend) (3) Limited rights markings. Data delivered or otherwise furnished to the Government with limited rightsshall be marked with the following legend

LIMITED RIGHTSContract No. ________________________________________Contractor Name ________________________________________Contractor Address ________________________________________

_______________________________________________________________________The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data arerestricted by paragraph (b)(3) of the Rights in Technical Data--Noncommercial Items clause contained in the aboveidentified contract. Any reproduction of technical data or portions thereof marked with this legend must alsoreproduce the markings. Any person, other than the Government, who has been provided access to such data mustpromptly notify the above named Contractor.

(End of legend) (4) Special license rights markings. (i) Data in which the Government's rights stem from a specifically negotiated license shall be markedwith the following legend:

SPECIAL LICENSE RIGHTSThe Government's rights to use, modify, reproduce, release, perform, display, ordisclose these data are restricted by Contract No. _____(Insert contractnumber)____, License No. ____(Insert license identifier)____. Any reproductionof technical data or portions thereof marked with this legend must also reproducethe markings.

(End of legend)

(ii) For purposes of this clause, special licenses do not include government purpose license rightsacquired under a prior contract (see paragraph (b)(5) of this clause). (5) Pre-existing data markings. If the terms of a prior contract or license permitted the Contractor to restrictthe Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data deliverableunder this contract, and those restrictions are still applicable, the Contractor may mark such data with theappropriate restrictive legend for which the data qualified under the prior contract or license. The marking

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procedures in paragraph (f)(1) of this clause shall be followed.(g) Contractor procedures and records. Throughout performance of this contract, the Contractor and itssubcontractors or suppliers that will deliver technical data with other than unlimited rights, shall— (1) Have, maintain, and follow written procedures sufficient to assure that restrictive markings are used onlywhen authorized by the terms of this clause; and (2) Maintain records sufficient to justify the validity of any restrictive markings on technical data deliveredunder this contract.(h) Removal of unjustified and nonconforming markings. (1) Unjustified technical data markings. The rights and obligations of the parties regarding the validation ofrestrictive markings on technical data furnished or to be furnished under this contract are contained in the Validationof Restrictive Markings on Technical Data clause of this contract. Notwithstanding any provision of this contractconcerning inspection and acceptance, the Government may ignore or, at the Contractor's expense, correct or strike amarking if, in accordance with the procedures in the Validation of Restrictive Markings on Technical Data clause ofthis contract, a restrictive marking is determined to be unjustified. (2) Nonconforming technical data markings. A nonconforming marking is a marking placed on technicaldata delivered or otherwise furnished to the Government under this contract that is not in the format authorized bythis contract. Correction of nonconforming markings is not subject to the Validation of Restrictive Markings onTechnical Data clause of this contract. If the Contracting Officer notifies the Contractor of a nonconforming markingand the Contractor fails to remove or correct such marking within sixty (60) days, the Government may ignore or, atthe Contractor's expense, remove or correct any nonconforming marking.(i) Relation to patents. Nothing contained in this clause shall imply a license to the Government under any patentor be construed as affecting the scope of any license or other right otherwise granted to the Government under anypatent.(j) Limitation on charges for rights in technical data. (1) The Contractor shall not charge to this contract any cost, including, but not limited to, license fees,royalties, or similar charges, for rights in technical data to be delivered under this contract when— (i) The Government has acquired, by any means, the same or greater rights in the data; or (ii) The data are available to the public without restrictions. (2) The limitation in paragraph (j)(1) of this clause— (i) Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by the Contractorto acquire rights in subcontractor or supplier technical data, if the subcontractor or supplier has been paid for suchrights under any other Government contract or under a license conveying the rights to the Government; and (ii) Does not include the reasonable costs of reproducing, handling, or mailing the documents or othermedia in which the technical data will be delivered.(k) Applicability to subcontractors or suppliers. (1) The Contractor shall ensure that the rights afforded its subcontractors and suppliers under 10 U.S.C.2320, 10 U.S.C. 2321, and the identification, assertion, and delivery processes of paragraph (e) of this clause arerecognized and protected. (2) Whenever any technical data for noncommercial items, or for commercial items developed in any part atGovernment expense, is to be obtained from a subcontractor or supplier for delivery to the Government under thiscontract, the Contractor shall use this same clause in the subcontract or other contractual instrument, includingsubcontracts or other contractual instruments for commercial items, and require its subcontractors or suppliers to doso, without alteration, except to identify the parties. This clause will govern the technical data pertaining tononcommercial items or to any portion of a commercial item that was developed in any part at Government expense,and the clause at 252.227-7015 will govern the technical data pertaining to any portion of a commercial item thatwas developed exclusively at private expense. No other clause shall be used to enlarge or diminish theGovernment's, the Contractor's, or a higher-tier subcontractor's or supplier's rights in a subcontractor's or supplier'stechnical data. (3) Technical data required to be delivered by a subcontractor or supplier shall normally be delivered to thenext higher-tier contractor, subcontractor, or supplier. However, when there is a requirement in the prime contractfor data which may be submitted with other than unlimited rights by a subcontractor or supplier, then saidsubcontractor or supplier may fulfill its requirement by submitting such data directly to the Government, rather thanthrough a higher-tier contractor, subcontractor, or supplier. (4) The Contractor and higher-tier subcontractors or suppliers shall not use their power to award contracts aseconomic leverage to obtain rights in technical data from their subcontractors or suppliers. (5) In no event shall the Contractor use its obligation to recognize and protect subcontractor or supplierrights in technical data as an excuse for failing to satisfy its contractual obligation to the Government.

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252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIALCOMPUTER SOFTWARE DOCUMENTATION (FEB 2014)(a) Definitions. As used in this clause—

(1) “Commercial computer software” means software developed or regularly used for non-governmental purposeswhich—

(i) Has been sold, leased, or licensed to the public;(ii) Has been offered for sale, lease, or license to the public;(iii) Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, orlicense in time to satisfy the delivery requirements of this contract; or(iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or (iii) of this clause and would require only minormodification to meet the requirements of this contract.

(2) “Computer database” means a collection of recorded data in a form capable of being processed by a computer.The term does not include computer software.(3) “Computer program” means a set of instructions, rules, or routines, recorded in a form that is capable of causinga computer to perform a specific operation or series of operations.(4) “Computer software” means computer programs, source code, source code listings, object code listings, designdetails, algorithms, processes, flow charts, formulae, and related material that would enable the software to bereproduced, recreated, or recompiled. Computer software does not include computer databases or computer softwaredocumentation.(5) “Computer software documentation” means owner's manuals, user's manuals, installation instructions, operatinginstructions, and other similar items, regardless of storage medium, that explain the capabilities of the computersoftware or provide instructions for using the software.(6) "Covered Government support contractor" means a contractor (other than a litigation support contractor coveredby 252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice ortechnical assistance directly to the Government in support of the Government’s management and oversight of aprogram or effort (rather than to directly furnish an end item or service to accomplish a program or effort), providedthat the contractor—

(i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any directcompetitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the typedeveloped or produced on the program or effort; and(ii) Receives access to technical data or computer software for performance of a Government contract that contains theclause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked withRestrictive Legends.

(7) “Developed” means that—(i) A computer program has been successfully operated in a computer and tested to the extent sufficient todemonstrate to reasonable persons skilled in the art that the program can reasonably be expected to perform itsintended purpose;(ii) Computer software, other than computer programs, has been tested or analyzed to the extent sufficient todemonstrate to reasonable persons skilled in the art that the software can reasonably be expected to perform itsintended purpose; or(iii) Computer software documentation required to be delivered under a contract has been written, in any medium, insufficient detail to comply with requirements under that contract.

(8) “Developed exclusively at private expense” means development was accomplished entirely with costs charged toindirect cost pools, costs not allocated to a government contract, or any combination thereof.

(i) Private expense determinations should be made at the lowest practicable level.(ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the contract,the additional development costs necessary to complete development shall not be considered when determiningwhether development was at government, private, or mixed expense.

(9) “Developed exclusively with government funds” means development was not accomplished exclusively orpartially at private expense.(10) “Developed with mixed funding” means development was accomplished partially with costs charged to indirectcost pools and/or costs not allocated to a government contract, and partially with costs charged directly to agovernment contract.(11) “Government purpose” means any activity in which the United States Government is a party, includingcooperative agreements with international or multi-national defense organizations or sales or transfers by the UnitedStates Government to foreign governments or international organizations. Government purposes include competitiveprocurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose computersoftware or computer software documentation for commercial purposes or authorize others to do so.

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(12) “Government purpose rights” means the rights to—(i) Use, modify, reproduce, release, perform, display, or disclose computer software or computer softwaredocumentation within the Government without restriction; and(ii) Release or disclose computer software or computer software documentation outside the Government andauthorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display,or disclose the software or documentation for United States government purposes.

(13) “Minor modification” means a modification that does not significantly alter the nongovernmental function orpurpose of the software or is of the type customarily provided in the commercial marketplace.(14) “Noncommercial computer software” means software that does not qualify as commercial computer softwareunder paragraph (a)(1) of this clause.(15) “Restricted rights” apply only to noncommercial computer software and mean the Government's rights to—

(i) Use a computer program with one computer at one time. The program may not be accessed by more than oneterminal or central processing unit or time shared unless otherwise permitted by this contract;(ii) Transfer a computer program to another Government agency without the further permission of the Contractor ifthe transferor destroys all copies of the program and related computer software documentation in its possession andnotifies the licensor of the transfer. Transferred programs remain subject to the provisions of this clause;(iii) Make the minimum number of copies of the computer software required for safekeeping (archive), backup, ormodification purposes;(iv) Modify computer software provided that the Government may—

(A) Use the modified software only as provided in paragraphs (a)(15)(i) and (iii) of this clause; and(B) Not release or disclose the modified software except as provided in paragraphs (a)(15)(ii), (v), (vi) and (vii) ofthis clause;

(v) Permit contractors or subcontractors performing service contracts (see 37.101 of the Federal AcquisitionRegulation) in support of this or a related contract to use computer software to diagnose and correct deficiencies in acomputer program, to modify computer software to enable a computer program to be combined with, adapted to, ormerged with other computer programs or when necessary to respond to urgent tactical situations, provided that—

(A) The Government notifies the party which has granted restricted rights that a release or disclosure to particularcontractors or subcontractors was made;(B) Such contractors or subcontractors are subject to the use and non-disclosure agreement at 227.7103-7 of theDefense Federal Acquisition Regulation Supplement (DFARS) or are Government contractors receiving access to thesoftware for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations onthe Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends;(C) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer the software, oruse software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph (a)(15)(iv) ofthis clause, for any other purpose; and(D) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iii) of this clause;(vi) Permit contractors or subcontractors performing emergency repairs or overhaul of items or components of itemsprocured under this or a related contract to use the computer software when necessary to perform the repairs oroverhaul, or to modify the computer software to reflect the repairs or overhaul made, provided that—

(A) The intended recipient is subject to the use and non-disclosure agreement at DFARS 227.7103-7 or is aGovernment contractor receiving access to the software for performance of a Government contract that contains theclause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished InformationMarked with Restrictive Legends;(B) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer the software, oruse software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph (a)(15)(iv) ofthis clause, for any other purpose; and(C) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iii) of this clause; and

(vii) Permit covered Government support contractors in the performance of covered Government support contractsthat contain the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished InformationMarked with Restrictive Legends, to use, modify, reproduce, perform, display, or release or disclose the computersoftware to a person authorized to receive restricted rights computer software, provided that—

(A) The Government shall not permit the covered Government support contractor to decompile, disassemble, orreverse engineer the software, or use software decompiled, disassembled, or reverse engineered by the Governmentpursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and(B) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iv) of this clause.

(16) “Unlimited rights” means rights to use, modify, reproduce, release, perform, display, or disclose computersoftware or computer software documentation in whole or in part, in any manner and for any purpose whatsoever,and to have or authorize others to do so.

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(b) Rights in computer software or computer software documentation. The Contractor grants or shall obtain for theGovernment the following royalty free, world-wide, nonexclusive, irrevocable license rights in noncommercialcomputer software or computer software documentation. All rights not granted to the Government are retained by theContractor.

(1) Unlimited rights. The Government shall have unlimited rights in—(i) Computer software developed exclusively with Government funds;(ii) Computer software documentation required to be delivered under this contract;(iii) Corrections or changes to computer software or computer software documentation furnished to the Contractor bythe Government;(iv) Computer software or computer software documentation that is otherwise publicly available or has been releasedor disclosed by the Contractor or subcontractor without restriction on further use, release or disclosure, other than arelease or disclosure resulting from the sale, transfer, or other assignment of interest in the software to another partyor the sale or transfer of some or all of a business entity or its assets to another party;(v) Computer software or computer software documentation obtained with unlimited rights under anotherGovernment contract or as a result of negotiations; or(vi) Computer software or computer software documentation furnished to the Government, under this or any otherGovernment contract or subcontract thereunder with—

(A) Restricted rights in computer software, limited rights in technical data, or government purpose license rights andthe restrictive conditions have expired; or(B) Government purpose rights and the Contractor's exclusive right to use such software or documentation forcommercial purposes has expired.

(2) Government purpose rights.(i) Except as provided in paragraph (b)(1) of this clause, the Government shall have government purpose rights incomputer software developed with mixed funding.(ii) Government purpose rights shall remain in effect for a period of five years unless a different period has beennegotiated. Upon expiration of the five-year or other negotiated period, the Government shall have unlimited rightsin the computer software or computer software documentation. The government purpose rights period shallcommence upon execution of the contract, subcontract, letter contract (or similar contractual instrument), contractmodification, or option exercise that required development of the computer software.(iii) The Government shall not release or disclose computer software in which it has government purpose rights toany other person unless—

(A) Prior to release or disclosure, the intended recipient is subject to the use and non-disclosure agreement atDFARS 227.7103-7; or(B) The recipient is a Government contractor receiving access to the software or documentation for performance of aGovernment contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure ofGovernment Furnished Information Marked with Restrictive Legends.

(3) Restricted rights.(i) The Government shall have restricted rights in noncommercial computer software required to be delivered orotherwise provided to the Government under this contract that were developed exclusively at private expense.(ii) The Contractor, its subcontractors, or suppliers are not required to provide the Government additional rights innoncommercial computer software delivered or otherwise provided to the Government with restricted rights.However, if the Government desires to obtain additional rights in such software, the Contractor agrees to promptlyenter into negotiations with the Contracting Officer to determine whether there are acceptable terms for transferringsuch rights. All noncommercial computer software in which the Contractor has granted the Government additionalrights shall be listed or described in a license agreement made part of the contract (see paragraph (b)(4) of thisclause). The license shall enumerate the additional rights granted the Government.(iii) The Contractor acknowledges that—

(A) Restricted rights computer software is authorized to be released or disclosed to covered Government supportcontractors;(B) The Contractor will be notified of such release or disclosure;(C) The Contractor (or the party asserting restrictions, as identified in the restricted rights legend) may require eachsuch covered Government support contractor to enter into a non-disclosure agreement directly with the Contractor(or the party asserting restrictions) regarding the covered Government support contractor’s use of such software, oralternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for anon-disclosure agreement; and(D) Any such non-disclosure agreement shall address the restrictions on the covered Government support contractor'suse of the restricted rights software as set forth in the clause at 252.227-7025, Limitations on the Use or Disclosureof Government-Furnished Information Marked with Restrictive Legends. The non-disclosure agreement shall not

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include any additional terms and conditions unless mutually agreed to by the parties to the non-disclosureagreement.

(4) Specifically negotiated license rights.(i) The standard license rights granted to the Government under paragraphs (b)(1) through (b)(3) of this clause,including the period during which the Government shall have government purpose rights in computer software, maybe modified by mutual agreement to provide such rights as the parties consider appropriate but shall not provide theGovernment lesser rights in computer software than are enumerated in paragraph (a)(15) of this clause or lesser rightsin computer software documentation than are enumerated in paragraph (a)(14) of the Rights in Technical Data--Noncommercial Items clause of this contract.(ii) Any rights so negotiated shall be identified in a license agreement made part of this contract.

(5) Prior government rights. Computer software or computer software documentation that will be delivered,furnished, or otherwise provided to the Government under this contract, in which the Government has previouslyobtained rights shall be delivered, furnished, or provided with the pre-existing rights, unless—

(i) The parties have agreed otherwise; or(ii) Any restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclose thedata have expired or no longer apply.

(6) Release from liability. The Contractor agrees to release the Government from liability for any release ordisclosure of computer software made in accordance with paragraph (a)(15) or (b)(2)(iii) of this clause, in accordancewith the terms of a license negotiated under paragraph (b)(4) of this clause, or by others to whom the recipient hasreleased or disclosed the software, and to seek relief solely from the party who has improperly used, modified,reproduced, released, performed, displayed, or disclosed Contractor software marked with restrictive legends.

(c) Rights in derivative computer software or computer software documentation. The Government shall retain itsrights in the unchanged portions of any computer software or computer software documentation delivered under thiscontract that the Contractor uses to prepare, or includes in, derivative computer software or computer softwaredocumentation.(d) Third party copyrighted computer software or computer software documentation. The Contractor shall not,without the written approval of the Contracting Officer, incorporate any copyrighted computer software or computersoftware documentation in the software or documentation to be delivered under this contract unless the Contractor isthe copyright owner or has obtained for the Government the license rights necessary to perfect a license or licenses inthe deliverable software or documentation of the appropriate scope set forth in paragraph (b) of this clause, and priorto delivery of such—

(1) Computer software, has provided a statement of the license rights obtained in a form acceptable to theContracting Officer; or (2) Computer software documentation, has affixed to the transmittal document a statement ofthe license rights obtained.

(e) Identification and delivery of computer software and computer software documentation to be furnished withrestrictions on use, release, or disclosure.

(1) This paragraph does not apply to restrictions based solely on copyright.(2) Except as provided in paragraph (e)(3) of this clause, computer software that the Contractor asserts should befurnished to the Government with restrictions on use, release, or disclosure is identified in an attachment to thiscontract (the Attachment). The Contractor shall not deliver any software with restrictive markings unless thesoftware is listed on the Attachment.(3) In addition to the assertions made in the Attachment, other assertions may be identified after award when basedon new information or inadvertent omissions unless the inadvertent omissions would have materially affected thesource selection decision. Such identification and assertion shall be submitted to the Contracting Officer as soon aspracticable prior to the scheduled date for delivery of the software, in the following format, and signed by an officialauthorized to contractually obligate the Contractor:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Computer Software.The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, ordisclose the following computer software should be restricted:

Computer Software Name of Person to be Furnished Basis for Asserted Rights Asserting

With Restrictions* Assertion** Category*** Restrictions****

(LIST) (LIST) (LIST) (LIST)

*Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictionson the Government's rights to use, release, or disclose computer software.**Indicate whether development was exclusively or partially at private expense. If development was not at privateexpense, enter the specific reason for asserting that the Government's rights should be restricted.

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***Enter asserted rights category (e.g., restricted or government purpose rights in computer software, governmentpurpose license rights from a prior contract, rights in SBIR software generated under another contract, or specificallynegotiated licenses).****Corporation, individual, or other person, as appropriate.

Date _____________________________ Printed Name and Title _____________________________ _____________________________ Signature _____________________________

(End of identification and assertion)(4) When requested by the Contracting Officer, the Contractor shall provide sufficient information to enable theContracting Officer to evaluate the Contractor's assertions. The Contracting Officer reserves the right to add theContractor's assertions to the Attachment and validate any listed assertion, at a later date, in accordance with theprocedures of the Validation of Asserted Restrictions—Computer Software clause of this contract.

(f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assert restrictions on theGovernment's rights to use, modify, reproduce, release, perform, display, or disclose computer software by markingthe deliverable software or documentation subject to restriction. Except as provided in paragraph (f)(5) of this clause,only the following legends are authorized under this contract: the government purpose rights legend at paragraph(f)(2) of this clause; the restricted rights legend at paragraph (f)(3) of this clause; or the special license rights legend atparagraph (f)(4) of this clause; and/or a notice of copyright as prescribed under 17 U.S.C. 401 or 402.

(1) General marking instructions. The Contractor, or its subcontractors or suppliers, shall conspicuously andlegibly mark the appropriate legend on all computer software that qualify for such markings. The authorized legendsshall be placed on the transmittal document or software storage container and each page, or portions thereof, ofprinted material containing computer software for which restrictions are asserted. Computer software transmitteddirectly from one computer or computer terminal to another shall contain a notice of asserted restrictions. However,instructions that interfere with or delay the operation of computer software in order to display a restrictive rightslegend or other license statement at any time prior to or during use of the computer software, or otherwise cause suchinterference or delay, shall not be inserted in software that will or might be used in combat or situations thatsimulate combat conditions, unless the Contracting Officer's written permission to deliver such software has beenobtained prior to delivery. Reproductions of computer software or any portions thereof subject to assertedrestrictions, shall also reproduce the asserted restrictions.(2) Government purpose rights markings. Computer software delivered or otherwise furnished to the Governmentwith government purpose rights shall be marked as follows:

GOVERNMENT PURPOSE RIGHTS Contract No. Contractor Name Contractor Address Expiration Date

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restrictedby paragraph (b)(2) of the Rights in Noncommercial Computer Software and Noncommercial Computer SoftwareDocumentation clause contained in the above identified contract. No restrictions apply after the expiration dateshown above. Any reproduction of the software or portions thereof marked with this legend must also reproduce themarkings.

(End of legend)(1) Restricted rights markings. Software delivered or otherwise furnished to the Government with restricted rights shall

be marked with the following legend:RESTRICTED RIGHTS

Contract No. Contractor Name Contractor Address

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restrictedby paragraph (b)(3) of the Rights in Noncommercial Computer Software and Noncommercial Computer SoftwareDocumentation clause contained in the above identified contract. Any reproduction of computer software or portionsthereof marked with this legend must also reproduce the markings. Any person, other than the Government, who hasbeen provided access to such software must promptly notify the above named Contractor.

(End of legend)(4) Special license rights markings.

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(i) Computer software or computer software documentation in which the Government's rights stem from aspecifically negotiated license shall be marked with the following legend:

SPECIAL LICENSE RIGHTSThe Government's rights to use, modify, reproduce, release,perform, display, or disclose these data are restricted by ContractNo. _____(Insert contract number)____, License No. ____(Insertlicense identifier)____. Any reproduction of computer software,computer software documentation, or portions thereof marked withthis legend must also reproduce the markings.

(End of legend)(ii) For purposes of this clause, special licenses do not include government purpose license rights acquired under aprior contract (see paragraph (b)(5) of this clause).

(5) Pre-existing markings. If the terms of a prior contract or license permitted the Contractor to restrict theGovernment's rights to use, modify, release, perform, display, or disclose computer software or computer softwaredocumentation and those restrictions are still applicable, the Contractor may mark such software or documentationwith the appropriate restrictive legend for which the software qualified under the prior contract or license. Themarking procedures in paragraph (f)(1) of this clause shall be followed.

(g) Contractor procedures and records. Throughout performance of this contract, the Contractor and itssubcontractors or suppliers that will deliver computer software or computer software documentation with other thanunlimited rights, shall—

(1) Have, maintain, and follow written procedures sufficient to assure that restrictive markings are used only whenauthorized by the terms of this clause; and(2) Maintain records sufficient to justify the validity of any restrictive markings on computer software or computersoftware documentation delivered under this contract.

(h) Removal of unjustified and nonconforming markings.(1) Unjustified computer software or computer software documentation markings. The rights and obligations of theparties regarding the validation of restrictive markings on computer software or computer software documentationfurnished or to be furnished under this contract are contained in the Validation of Asserted Restrictions--ComputerSoftware and the Validation of Restrictive Markings on Technical Data clauses of this contract, respectively.Notwithstanding any provision of this contract concerning inspection and acceptance, the Government may ignoreor, at the Contractor's expense, correct or strike a marking if, in accordance with the procedures of those clauses, arestrictive marking is determined to be unjustified.(2) Nonconforming computer software or computer software documentation markings. A nonconforming markingis a marking placed on computer software or computer software documentation delivered or otherwise furnished tothe Government under this contract that is not in the format authorized by this contract. Correction ofnonconforming markings is not subject to the Validation of Asserted Restrictions--Computer Software or theValidation of Restrictive Markings on Technical Data clause of this contract. If the Contracting Officer notifies theContractor of a nonconforming marking or markings and the Contractor fails to remove or correct such markingswithin sixty (60) days, the Government may ignore or, at the Contractor's expense, remove or correct anynonconforming markings.

(i) Relation to patents. Nothing contained in this clause shall imply a license to the Government under any patentor be construed as affecting the scope of any license or other right otherwise granted to the Government under anypatent.(j) Limitation on charges for rights in computer software or computer software documentation.

(1) The Contractor shall not charge to this contract any cost, including but not limited to license fees, royalties, orsimilar charges, for rights in computer software or computer software documentation to be delivered under thiscontract when—

(i) The Government has acquired, by any means, the same or greater rights in the software or documentation; or(ii) The software or documentation are available to the public without restrictions.

(2) The limitation in paragraph (j)(1) of this clause—(i) Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by the Contractor to acquirerights in subcontractor or supplier computer software or computer software documentation, if the subcontractor orsupplier has been paid for such rights under any other Government contract or under a license conveying the rightsto the Government; and(ii) Does not include the reasonable costs of reproducing, handling, or mailing the documents or other media inwhich the software or documentation will be delivered.

(k) Applicability to subcontractors or suppliers.(1) Whenever any noncommercial computer software or computer software documentation is to be obtained from a

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subcontractor or supplier for delivery to the Government under this contract, the Contractor shall use this sameclause in its subcontracts or other contractual instruments, and require its subcontractors or suppliers to do so,without alteration, except to identify the parties. No other clause shall be used to enlarge or diminish theGovernment's, the Contractor's, or a higher tier subcontractor's or supplier's rights in a subcontractor's or supplier'scomputer software or computer software documentation.(2) The Contractor and higher tier subcontractors or suppliers shall not use their power to award contracts aseconomic leverage to obtain rights in computer software or computer software documentation from theirsubcontractors or suppliers.(3) The Contractor shall ensure that subcontractor or supplier rights are recognized and protected in theidentification, assertion, and delivery processes required by paragraph (e) of this clause.(4) In no event shall the Contractor use its obligation to recognize and protect subcontractor or supplier rights incomputer software or computer software documentation as an excuse for failing to satisfy its contractual obligation tothe Government.

252.227-7026 Deferred Delivery of Technical Data or Computer Software. (APR 1988)

The Government shall have the right to require, at any time during the performance of this contract, within two (2)years after either acceptance of all items (other than data or computer software) to be delivered under this contract ortermination of this contract, whichever is later, delivery of any technical data or computer software item identified inthis contract as “deferred delivery” data or computer software. The obligation to furnish such technical data requiredto be prepared by a subcontractor and pertaining to an item obtained from him shall expire two (2) years after thedate Contractor accepts the last delivery of that item from that subcontractor for use in performing this contract.

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 theIslamic Republic of Afghanistan and the United States of America signed on September 30, 2014, and entered intoforce on January 1, 2015.

(b) The Agreement exempts the Department of Defense (DoD), and its contractors and subcontractors (other thanthose that are Afghan legal entities or residents), from paying any tax or similar charge assessed on activitiesassociated 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 andremit those payments to the appropriate Afghanistan taxing authority. These withholdings are an individual’sliability, 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.

252.237-7019 TRAINING FOR CONTRACTOR PERSONNEL INTERACTING WITH DETAINEES (JUN2013)


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

“Detainee” means a person in the custody or under the physical control of the Department of Defense on behalf ofthe United States Government as a result of armed conflict or other military operation by United States armed forces.

“Personnel interacting with detainees” means personnel who, in the course of their duties, are expected to interactwith detainees.

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(b) Training requirement. This clause implements Section 1092 of the National Defense Authorization Act forFiscal Year 2005 (Pub. L. 108-375).

(1) The Combatant Commander responsible for the area where a detention or interrogation facility is located willarrange for training to be provided to contractor personnel interacting with detainees. The training will address theinternational obligations and laws of the United States applicable to the detention of personnel, including theGeneva Conventions. The Combatant Commander will arrange for a training receipt document to be provided topersonnel who have completed the training.

(2)(i) The Contractor shall arrange for its personnel interacting with detainees to—

(A) Receive the training specified in paragraph (b)(1) of this clause—

(1) Prior to interacting with detainees, or as soon as possible if, for compelling reasons, the Contracting Officerauthorizes interaction with detainees prior to receipt of such training; and

(2) Annually thereafter; and

(B) Provide a copy of the training receipt document specified in paragraph (b)(1) of this clause to the Contractor forretention.

(ii) To make these arrangements, the following points of contact apply:

US Central Command (USCENTCOM) Commander, Combined Forces Land Component Commander (CFLCC) a.k.a. Third Army, Ft. McPherson, Atlanta, GA Staff Judge Advocate (SJA) Forward, Kuwait POC: Lieutenant Colonel Gary Kluka E-mail: Gary.Kluka@ari an.arcent.army.mil Comm: 011-965-389-6303; DSN: 318-430-6303; Alt. US numbers: 404-464-3721 or 404-464-4219

(3) The Contractor shall retain a copy of the training receipt document(s) provided in accordance with paragraphs(b)(1) and (2) of this clause until the contract is closed, or 3 years after all work required by the contract has beencompleted and accepted by the Government, whichever is sooner.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in allsubcontracts, including subcontracts for commercial items, that may require subcontractor personnel to interact withdetainees in the course of their duties.

252.246-7004 SAFETY OF FACTILITIES, INFRASTRUCTURE AND EQUIPMENT FOR MILITARYOPERATIONS (OCT 2010)

(a) Definition. “Discipline Working Group,” as used in this clause, means representatives from the DoDComponents, as defined in MIL-STD-3007F, who are responsible for the unification and maintenance of the UnifiedFacilities Criteria (UFC) documents for a particular discipline area.

(b) The Contractor shall ensure, consistent with the requirements of the applicable inspection clause in this contract,that the facilities, infrastructure, and equipment acquired, constructed, installed, repaired, maintained, or operatedunder this contract comply with Unified Facilities Criteria (UFC) 1-200-01 for—

(1) Fire protection;(2) Structural integrity;(3) Electrical systems;(4) Plumbing;(5) Water treatment;(6) Waste disposal; and(7) Telecommunications networks.

5152.225-5902 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS (JUN 2015)

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(a) The contractor shall ensure the individuals they deploy are in compliance with the current USCENTCOMIndividual Protection and Individual/Unit Deployment Policy, including TAB A, Amplification of the MinimalStandards of Fitness for Deployment to the CENTCOM AOR, unless a waiver is obtained in accordance with TABC, 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 deployedemployees, 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 forfitness to deploy every 12 months IAW the current USCENTCOM Individual Protection and Individual/UnitDeployment Policy standards. An examination will remain valid for 15 months from the date of the physical. Thisallows an examination to be valid up to 90 days prior to deployment. Once a deployment begins, the examinationwill only be good for a maximum of 12 months. Any medical waivers received will be valid for a maximum of 12months. Failure to obtain an updated medical waiver before the expiration of the current waiver renders theemployee unfit and subject to redeployment.

(d) The contractor bears the responsibility for ensuring all employees are aware of the conditions and medicaltreatment available at the performance location. The contractor shall include this information in all subcontracts withperformance in the theater of operations.

(e) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD FederalAcquisition Regulation Supplement (DFARS) PGI 225.74), resuscitative care, stabilization, hospitalization at aRole 3 military treatment facility (MTF) for emergency life-limb-eyesight care will be provided along withassistance for urgent patient movement. Subject to availability, an MTF may provide reimbursable treatment foremergency 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 orroutine prescription drug needs of the individual. Routine dental care, examinations and cleanings are notauthorized.

(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 allDoD deployed medical facilities please go to the following website: http://comptroller.defense.gov/FinancialManagement/Reports/rates2014.aspx.

5152.225-5904 MONTHLY CONTRACTOR CENSUS REPORTING (AUG 2014)

Contractor shall provide monthly employee census information to the Contracting Officer, by province, for thiscontract. Information shall be submitted either electronically or by hard-copy. Information shall be current as of the25th 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.

5152.225-5907 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR CONTRACTOREMPLOYEES 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 andperformance 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

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http://comptroller.defense.gov/FinancialManagement/Reports/rates2014.aspx

Responsibility. This clause requires all contractor personnel to meet the theater specific medical qualificationsestablished by the Geographic Combatant Commander before deploying to, being granted installation access, orperforming work under the resultant contract. In the USCENTCOM Area of Operation (AOR), the required medicalscreening, immunizations, and vaccinations are specified in the current USCENTCOM individual Protection andIndividual 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.

(b) The USCENTCOM policy requires contractors to ensure adequate health management is available forTuberculosis (TB) screening, diagnosis, treatment, and isolation during the life of the contract. This includesmanagement and compliance with all prescribed public health actions regarding TB and the responsibility to ensureadequate health management is available at the Contractor’s medical provider or local economy provider’s locationfor all contractor and subcontractor employees throughout the life of the contract. The contractor shall maintainmedical screening documentation, in English, and make it available to the Contracting Officer, military publichealth 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 100,000persons. A TB testing method of either a TB skin test (TST) or Interferon Gamma Release Assay (IGRA) may beused for pre-deployment and annual re-screening of all U.S. Citizens employed under the contract. For a contactinvestigation, all personnel with a positive TST or IGRA will be evaluated for potential active TB with a symptomscreen, exposure history and CXR. A physical copy of all TST, IGRA, and/or CXRs and radiographicinterpretation must be provided at the deployment center designated in the contract, or as otherwise directed by theContracting Officer, prior to deployment and prior to installation access badge renewal.

(2) Other Country Nationals (OCNs) and Local Nationals (LNs) shall have pre-deployment/employment testing forTB using a Chest x-ray (CXR) and a symptom survey completed within 3 months prior to the start ofdeployment/employment, with annual re-screening prior to installation access badge renewal. This is the only wayto verify interval changes should an active case of TB occur. When conducting annual re-screening, the Contractor’smedical provider or local economy provider will look for interval changes from prior CXR’s and review any changesin the symptom survey. A physical copy of the CXR film with radiographic interpretation showing negative TBresults must be provided to the Base Operations Center prior to the start of deployment/employment, with annualre-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 thetheater Preventive Medicine (PM) Physician and/or TB Consultant within 24 hours. Contact tracing, and medicalcoding, have specific requirements. After consultation with the Theater PM or TB Consultant, the contractor orsub-contractor with suspected or confirmed TB are required to be evacuated to the closest civilian hospital fortreatment. 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 negativesputum smears.

(c) All employees, contractors and sub-contractors, involved in food service, water and/or ice production facilitiesmust 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 andsub-contractors, will have completed: (1) the full 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 isrequired 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) foremployees, contractors and sub-contractors shall be made available to the designated Government representativethroughout 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.

5152.225-5908 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (JUNE 2015)

The following is a summary of the type of support the Government will provide the contractor. Services will beprovided to contractors at the same level as they are provided to military and DoD civilian personnel. In the eventof any discrepancy between this summary and the description of services in the Statement of Work, this clause willtake precedence. These services are only provided at the following locations: Afghanistan, Bahrain, Kuwait .

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http://www2.centcom.mil/sites/contracts/Pages/GCP.aspx

http://www.vaccines.mil/

When contractor employees are in transit all checked blocks are considered authorized.

U.S. Citizens

X APO/FPO/MPO/DPO/ X DFACs **** X Mil Issue Equip

X Postal Services X Excess Baggage X MWR

Authorized Weapon****** Fuel Authorized X Resuscitative Care

X Billeting*** X Govt Furnished Meals**** X Transportation

X CAAF* Military Banking X MILAIR

X Controlled Access Card (CAC) X Laundry Military Clothing

Installation Access Badge

X Military Exchange

Embassy Services Kabul ** None

Third Country National Employees

APO/FPO/MPO/DPO/ DFACs Mil Issue Equip

X N/A Excess Baggage MILAIR

Authorized Weapon Fuel Authorized MWR

Billeting Govt Furnished Meals Resuscitative Care

CAAF* Military Banking Transportation

Contolled Access Card (CAC) Military Clothing All

Badge Military Exchange None

Commissary

Dependents Authorized Local National (LN) Employee

APO/FPO/MPO/DPO/ DFACs Mil Issue Equip

X N/A Excess Baggage MILAIR

Authorized Weapon Fuel Authorized MWR

Billeting Govt Furnished Meals Resuscitative Care

CAAF* Military Banking Transportation

Controlled Access Card (CAC) Military Clothing All

Badge Military Exchange None

Commissary

Dependents Authorized

* 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.

*** Afghanistan Life Support. Due to the drawdown of base life support facilities throughout the country, standardswill be lowering to an “expeditionary” environment. Expeditionary standards will be base specific, and mayinclude down grading from permanent housing (b-huts, hardened buildings) to temporary tents or other facilities.

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****Check the “DFAC” AND “Government Furnished Meals” boxes if the contractor will have access to theDFAC 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 noneper day. MREs may be substituted for DFAC-provided meals; however, contractors will receive the same mealstandards as provided to military and DoD civilian personnel.

*****Military Banking indicates “approved use of military finance offices to either obtain an Eagle Cash Card orcash checks.

******Authorized Weapon indicates this is a private security contract requirement and contractor employees, uponapproval, will be authorized to carry a weapon. If the service is NOT a private security contract, the checking of thisbox does NOT authorize weapons for self-defense without the approval of the USFOR-A Commander in accordancewith USFOR-A policy. After award, the contractor may request arming for self-defense off a U.S. installation to theContracting Officer’s Representative and in CAAMS.

SPECIAL NOTE – US Embassy Afghanistan Life Support: The type and amount of support that the U.S.Embassy Mission in Kabul, Afghanistan, provides to contractors, if any, must be coordinated in advance betweenthe U.S. Mission and the contracting agency in accordance with Department of State Foreign Affairs Handbook,2-FAH-2. Contractors are not authorized to deploy personnel requiring US Mission support prior to receivingclearance from the Contracting Officer.

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 OfficerRepresentative. Transportation is also allowed for contractor equipment required to perform the contract when thatequipment travels with the contractor employee (e.g., special radio test equipment, when the contractor isresponsible for radio testing or repair)

5152.225-5910 CONTRACTOR HEALTH AND SAFETY (DEC 2011)

(a) Contractors shall comply with National Electrical Code (NEC) 2008 for repairs and upgrades to existingconstruction and NEC 2011 standards shall apply for new construction, contract specifications, and MILStandards/Regulations. All infrastructure to include, but not limited to, living quarters, showers, and restroomsshall be installed and maintained in compliance with these standards and must be properly supported andstaffed to ensure perpetual Code compliance, prevent hazards and to quickly correct any hazards tomaximize safety of those who use or work at the infrastructure.

(b) For existing employee living quarters the contractor shall provide maintenance, conduct repairs, and performupgrades in compliance with NEC 2008 standards. For new employee living quarters, the contractor shall providemaintenance, conduct repairs, and make upgrades in compliance with NEC 2011 standards. The government hasthe authority to enter and inspect contractor employee living quarters at any time to ensure the prime contractor iscomplying with safety compliance standards.

(c) The contractor shall correct all deficiencies within a reasonable amount of time of becoming aware of thedeficiency either by notice from the government or a third party, or by self discovery of the deficiency by thecontractor. Further guidance can be found on:

UFC: http://www.wbdg.org/ccb.browse_cat.php?o=29&c=4

NFPA 70: http://www.nfpa.org

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 thecontract, the contractor accepts the risks associated with required contract performance in such operations.

NESC: http://www.standards.ieee.org/nesc

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http://www.wbdg.org/ccb.browse_cat.php?o=29&c=4

http://www.nfpa.org/

http://www.standards.ieee.org/nesc

(1) Unaccounted Personnel: It is the expectation of the USG that any contractor brought into Afghanistan forthe sole purposes of performance of work on a USG contract must be accounted for at all times by their respectiveemployers. Additionally, contractors who maintain living quarters on a USG base shall verify the location of eachof its employees’ living quarters a minimum of once a month. If a DoD contracted employee becomes missing andevidence does not indicate foul play, a Personnel Recovery (PR) event is NOT automatically triggered. Such anevent will be treated as an accountability battle drill by the employer’s chain of command or civilian equivalent.

(2) Contractor Responsibilities: The contractor is responsible to take all necessary steps to locate andinvestigate the unaccounted for employee(s) whereabouts to the maximum extent practicable. To assist in thisprocess, contractors may use the Operational Contracting Support Drawdown Cell as a resource to track or researchemployee’s last known location and/or to view LOA’s. All missing personnel will be immediately reported to theinstallation division Personnel Recovery Officer (PRO), Mayor’s cell, Military Police Station and/or the CriminalInvestigative Division, and the Base Defense Operations Center (BDOC).

(3) Contractor Provided Information: If it is determined that a potential criminal act has occurred, the USDPRO (or USFOR-A Personnel Recovery Division (PRD) with prior coordination) will attempt to validate themissing person’s identity through the employer. The contractor shall provide the information to PRD within 12hours of request. The required information the contractor should keep on file includes but is not limited to: copy ofthe individuals Letter of Authorization generated by the Synchronized Pre-deployment and Operational TrackerSystem (SPOT), copy of passport and visas, housing information of where the individual resides such as roomnumber and location, DD Form 93, Record of Emergency Data, copy of badging, and contact information for knownfriends or associates.

(b) If USFOR-A PRD determines through investigation that the unaccounted personnel have voluntarily left theinstallation either seeking employment with another contractor or other non-mission related reasons, PRD willnotify the contractor. The contractor shall ensure that all government-related documents such as LOA’s, 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 fortheir personnel or whose employees create PR events will be held in breach of their contract and face all remediesavailable to the Contracting Officer.

(c) Contractors shall notify the Contracting Officer, as soon as practicable, whenever employee kidnappings, seriousinjuries 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

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Location

Date and time

Other Pertinent Information

5152.247-5900 INBOUND/OUTBOUND CARGO AND CONTRACTOR EQUIPMENT CENSUS (APR2012)

a. Movement and coordination of inbound and outbound cargo in Afghanistan is critical to ensuring an effectivedrawdown. The contractor shall provide visibility of their inbound cargo and equipment via the SynchronizedPre-deployment Operational Tracker (SPOT) census for their contract. This requirement includes the prime andsubcontractor’s at all tiers cargo and equipment. The contractor shall report any individual piece of equipmentvalued at $50,000 or more. Incoming cargo and equipment census data shall be input 30 days prior to start ofperformance 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 EquivalentUnits (TEU). The following definitions apply to these equipment/cargo categories:

(1) Rolling Stock (RS): All equipment with wheels or tracks, that is self-propelled, or is un-powered and can betowed by a vehicle on a roadway. Also includes standard trailer mounted equipment such as generators, waterpurification equipment, and other support equipment with permanent wheels. Specific examples of R/S includeWheeled Armored Vehicles (WAVS), Mine-Resistant Ambush-Protected (MRAP) family of vehicles (FOVS), andHighly Mobile Multipurpose Wheeled Vehicles (HMMWVS).

(2) Non Rolling Stock (RNRS): All equipment that is not classified as Rolling Stock. Includes equipment that isnot trailer-mounted or originally designed to be driven or towed over a roadway.

(3) Twenty foot Equivalent Units (TEU): Standard unit for describing a ship’s cargo capacity, or a shippingterminal’s cargo handling capacity. One TEU represents the cargo capacity of a standard intermodal shippingcontainer, 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 ofAfghanistan. The contractor is responsible for movement of their own cargo and equipment. The data provided bycontractors is for informational purposes only in order to plan and coordinate the drawdown effort. The Governmentassumes no responsibility for contractor demobilization except as stated in individual contract terms and conditions.

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SECTION J LIST OF ATTACHMENTS

Attachment J.1 DD254

Attachment J.2 COR Appointment Letter

Attachment J.3 GFLVS

Attachment J.4 Consumable List

Attachment J.5 Gear List

Attachment J.6 GFE List

Attachment J.7 CRC Memo

Attachment J.8 GSA Memo

Attachment J.9 GSA Insight Memo

Exhibit A: CDRLs A001- A017

DISTRO LIST:

[email protected]

[email protected]

[email protected]

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