07 April 2017 - Oshkosh Corporation F.pdf · (5) Installation services, maintenance services,...

Oshkosh Corporation Classification: Unrestricted

Section F Revised: 04-07-17

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Section F: Government Subcontractor Terms & Conditions and

FASA Commercial Item Terms & Conditions

Revised: 07 April 2017 ___________________________________________________________________________ Section F of the Supplier Standards Guide contains the Government Subcontractor Terms and Conditions. The Government, through the Federal Acquisition Streamlining Act (“FASA”), has recently simplified the acquisition process for components that qualify as “commercial items” under FASA. Oshkosh Corporation calls these components “FASA Commercial Items,” or “FCIs.” If a component you supply to Oshkosh Corporation qualifies as a FASA Commercial Item, the purchase order for that FASA Commercial Item will be subject to substantially fewer government “flow-down” clauses. A purchase order for a FASA Commercial Item is subject to paragraphs 1 through 33 and 35-39 of this Section, but only those Federal Acquisition Clauses in paragraph 34 that include the designation “FCI” in the left margin. Purchase orders for items not qualifying as FASA Commercial Items are subject to all the terms and conditions of this Section F, including those designated “FCI.” NOTE: The elimination of certain Federal Acquisition Regulation clauses for FASA Commercial Items does not release a supplier from otherwise applicable federal statutes. Oshkosh Corporation has adopted FAR 2.101 (Commercial Item) as the definition of FASA Commercial Item. FAR 2.101 provides:

(c) FASA Commercial Item means –

(1) Any item, other than real property that is of a type customarily used by the general public or by non-governmental entities for other than governmental purposes, and that --

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public;

(2) Any item that evolved from an item described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;

(3) Any item that would satisfy a criterion expressed in paragraph (1) or (2) of this clause, but

for --

(i) Modifications of a type customarily available in the commercial marketplace; or

(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor” modifications mean modifications that do not significantly alter the

ANY PRINTED COPIES OF THIS DOCUMENT ARE UNCONTROLLED COPIES AND MAY BE OUTDATED. IT IS THE RESPONSIBILITY OF THE OSHKOSH CORPORATION SUPPLIER TO VERIFY THAT THEY ARE IN COMPLIANCE WITH THE

LASTEST REVISION OF THIS DOCUMENT AS POSTED ON THE OSHKOSH PROCUREMENT WEBSITE OSN.OSHKOSHCORP.COM



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nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;

(4) Any combination of items meeting the requirements of paragraphs (1), (2), (3), or (5) of

this definition that are of a type customarily combined and sold in combination to the general public;

(5) Installation services, maintenance services, repair services, training services, and other

services if –

(i) Such services are procured for support of an item referred to in paragraphs (1), (2), (3), or (4) of this definition, regardless of whether such services are provided by the same source or at the same time as the item; and

(ii) The source of such services provides similar services contemporaneously to the

general public under terms and conditions similar to those offered to the Federal Government;

(6) Services of a type offered and sold competitively in substantial quantities in the

commercial marketplace based on established catalog or market prices for specific tasks or specific outcomes to be achieved and under standard commercial terms and conditions. For purposes of these services--;

(i) Catalog price means a price included in a catalog, price list, schedule, or other

form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and

(ii) Market prices means current prices that are established in the course of ordinary

trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors.

(7) Any item, combination of items, or service referred to in paragraphs (1) through (6) of this

definition, notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a Contractor; or

(8) A nondevelopmental item, if the procuring agency determines the item was developed

exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and Local Governments.

TERMS & CONDITIONS The following terms and conditions are incorporated in their entirety into any Purchase Order designated on its face as a "Government" Purchase Order awarded by Oshkosh Corporation. As provided above, purchase orders for qualified FASA Commercial items are subject only to paragraphs 1-33 and 35-39 and those clauses in paragraph 34 designated “FCI”.





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1. Acceptance and Governing Provisions

This Purchase Order is not an acceptance of any offer to sell but is an offer to purchase which may be accepted only by execution of the acknowledgment copy of the Oshkosh Corporation standard Purchase Order by Seller and return of such copy to OSHKOSH CORPORATION ("Buyer") within 15 days from the date of the Purchase Order set forth in the Supplier Standard’s Guide or by other expression of acceptance, including shipment thereunder, within such 15 day period. This offer may be revoked at any time by Buyer's written notice to Seller prior to acceptance by Seller. Upon acceptance, the Purchase Order (including any documents referenced or incorporated herein) shall constitute the entire agreement between the parties (except for any additional warranties given by Seller), superseding any and all previous communications and negotiations. Unless specifically agreed to in writing by Buyer, signed by duly authorized personnel of Buyer, no additional or different term or provision (except additional warranties given by Seller) of any quotation, acknowledgment, invoice or other form supplied by Seller shall become part of the contract notwithstanding Buyer's failure to specifically object to such terms or provision. In the event any conflict at any time between these terms and conditions and any term or condition or attempted limitation of warranty set forth in any communication from Seller, it is agreed by Seller that these terms and conditions shall control such conflict and govern this purchase. The agreement of sale resulting from the acceptance of this Purchase Order shall be governed, construed and interpreted in accordance with the laws of the State of Wisconsin, U.S.A. The rights and obligations of the Buyer and Seller shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. If these terms and provisions are not acceptable, Seller should notify Buyer at once.

2. Deliveries; Cancellation by Buyer

Buyer's production schedules are based upon timely performance by Seller under this Purchase Order. TIME IS OF THE ESSENCE FOR THIS PURCHASE ORDER. If any deliveries are not made at the time(s) and in the quantity(s) agreed upon (including by reason of force majeure), Buyer may cancel this Purchase Order with respect to any or all of the goods or services hereby ordered or with respect to any goods or services not theretofore accepted by Buyer, and in any event may hold Seller responsible for damages caused by untimely performance including incidental and consequential damages and any resulting late performance penalties incurred by Buyer. Seller shall not unreasonably anticipate delivery by purchasing materials or manufacturing quantities in excess of what is reasonably required to meet Buyer's delivery schedule. Items received in advance of such delivery schedule may, at buyer's option, be returned at Seller's expense or be accepted, stored at Seller's expense and payment withheld until the scheduled delivery date.

Domestic shipments shall be “FOB Origin, Freight Collect”. International sea freight shipments shall be “FOB (…named port of shipment) Incoterms 2000.” [For example, FOB Free on Board Gdansk Poland (Incoterms 2000).] International air freight shipments shall be “EXW (…named place) (Incoterms 2000).” [For example, EXW Ex Works ABC Factory Paris, France (Incoterms 2000).] All items ordered hereby shall be suitably packed, marked, insured, and shipped in accordance with Oshkosh's written specifications. All shipping charges shall be collect and if, for any reason, Supplier uses any means of delivery other than as described above, Supplier shall be responsible for additional shipping costs incurred thereby. Supplier shall affix to each package, bill of lading or delivery receipt for items shipped hereunder, the RFQ number, and each such shipment shall be accompanied by an itemized packing slip, in the absence of which Oshkosh's count shall be conclusive. Palletization on non returnable pallets with minimal packaging (consistent with care of the product), preferably made of recyclable/reusable materials





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should be used whenever a returnable container is not a viable option. All pallets shall have a minimum ground clearance of two-and-one-half (2-1/2) inches.

Unless specified, no charge for cartage or packing is allowed. All shipments must include packing slip identifying our Purchase Order number, the part(s) number(s), description of material(s), and quantity(s). Printed invoices must be rendered in duplicate for each Purchase Order. Original bill of lading, express receipt or other shipping documents required by Buyer promptly shall be mailed to Buyer with invoices, in the case of domestic goods, and sent via courier, in the case of imported goods.

There must be no departure from the routing set forth in this Purchase Order except for emergencies identified by Buyer, who reserves the right to recover from Seller all overcharges arising from failure to follow specified routing.

3. Shipments

Unless otherwise specified, the following provisions shall apply to all shipments:

a. Seller shall prepare all articles for shipment to prevent damage or deterioration.

b. No charge for containers, cartage or packing is allowed.

c. All shipping containers must include a complete packing list identifying Buyer's Purchase Order number, applicable part number(s), description of material(s), and quantity of articles shipped. Printed invoices must be rendered in duplicate for each order.

d. Original bills of lading, express receipts, or other shipping documents signed by

receiving carrier shall be mailed promptly to Buyer with invoices.

e. Without limiting the foregoing, as soon as practicable, but in no event more than 30 days after the execution of this Purchase Order, Buyer and Seller shall agree upon a written protocol (the "Shipping Instructions") covering in detail all aspects relevant to packing, shipping and delivering the articles covered by this Purchase Order, including without limitation, the size and type of shipping containers, the method and configuration of packing articles in the containers, requirements as to number of counterparts and contents of packing slips, bills of lading and invoices, timing and methods of giving notice with regard to shipment dates, procedures for delivery of the articles to Buyer or its carrier, and procedures for moving articles to storage if timely delivery cannot be made.

4. Documentation

All documentation specified by this order shall be delivered in accordance with the terms hereof and shall be in English. Any expenses, changes, or claims incurred as a result of improper documentation shall be the seller's responsibility. All correspondence and references to this order must include the purchase order number and name of the division or Buyer designated to receive delivery. Imported goods shall be subject to such additional documentation requirements as Buyer may deem necessary.

5. Changes





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Buyer shall have the right to make changes in this Purchase Order, including quantity. The right to reschedule for later delivery is reserved if notice is given to Seller in advance of placing material in production. If any change affects delivery or price, Seller promptly shall notify Buyer in writing. Buyer's advance approval in writing is required to effect any increase in price. In the absence of such approval, Buyer may cancel this order or any portion hereof by written notice to Seller without any liability to Seller.

6. Compliance With Laws

Seller warrants and agrees that all goods delivered pursuant to this Purchase Order shall be produced, marked, labeled, sold and delivered to Buyer in compliance with and conforming to all applicable laws and government orders, rules and regulations, including Sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and regulations and orders of the U.S. Department of Labor issued under Section 14 of said Act, the Federal Motor Vehicle Safety Laws, and Federal Laws, Section 202, Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Assistance Act of 1974, 38 USC 2012 and local, state and federal environmental protection laws and regulations. Seller shall have also implemented an acceptable Pollution Prevention Program that meets the current standards of the industry in which the Seller operates.

7. Inspection and Rejection

Inspection shall be at Buyer's plant unless otherwise agreed in writing. AT BUYER'S OPTION, INSPECTION MAY BE MADE UNDER OPERATING CONDITIONS AFTER INCORPORATION OF THE GOODS INTO ANY PLANT, FACILITY, EQUIPMENT OR PRODUCT OF WHICH THEY ARE TO BE A PART. BUYER RESERVES THE RIGHT, AFTER ACCEPTANCE AND PAYMENT, TO HOLD SELLER LIABLE FOR UNSATISFACTORY OR DEFECTIVE GOODS IRRESPECTIVE OF BUYER'S FAILURE TO NOTIFY SELLER OF ANY REJECTION OF NONCONFORMING GOODS OR REVOCATION OF ACCEPTANCE THEREOF, OR OF ANY FAILURE TO SPECIFY ANY PARTICULARITY OF DEFECT OR NONCONFORMANCE. At its option Buyer may return all such goods for full credit at the expense of Seller.

8. Risk of Loss/Security Interest

All risk of loss and/or damage to the goods purchased shall be upon Seller until delivery at Buyer's plant, notwithstanding any delivery terms or shipping instructions to the contrary. If Buyer makes any payment before Buyer's receipt of the goods, Seller grants Buyer a security interest in and charge against the goods and all proceeds thereof to secure Seller's performance of its obligations hereunder, and Seller agrees to execute and deliver such documents to Buyer as Buyer may request to ensure the enforceability of such security interest and charge.

9. Warranty

The Seller warrants that all articles furnished hereunder shall be free from defects in material and workmanship for a period extending until 13 months from the date the fully Government-accepted vehicle system is shipped to the Government; shall comply with the requirements of the Purchase Order and any drawings or specifications incorporated herein; shall comply with the drawings and specifications in the prime contract between the government and Buyer; shall comply with the test requirements in the prime contract between the government and Buyer; and shall, where design is Seller's responsibility, be free from defects in design and fit for the intended purpose. Further, if the Government, before placing vehicle systems in service, elects to place quantities of newly delivered vehicle systems containing articles furnished hereunder in Government depot





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storage, Seller agrees that the above-specified warranty period shall be extended by the shorter of: (1) the actual time the vehicle system is kept in Government depot storage or (2) nine months; provided the Government exercises the stored vehicle systems in accordance with the Government’s exercise requirements for the period of vehicle storage preservation in existence at time of prime contract award. If a systemic defect occurs during the warranty period, it will be presumed, unless proven otherwise, that all parts produced under like circumstances are similarly defective and require replacement or correction. The cost of systemic defect warranty parts repair or replacement will be that of the vendor. Additionally, if a systemic defect deadlines a vehicle or causes it to be inoperable, the vendor agrees to extend the warranty term of the affected vehicle(s) for the period of time that the vehicle(s) are deadlined. The foregoing warranties are in addition to all other warranties whether express or implied. If any article delivered hereunder does not meet the warranties specified herein or otherwise applicable, Buyer may debit Seller’s account for the cost of the nonconforming article or, at Buyer’s option, Seller shall repair or replace the nonconforming article or part at Seller’s expense; and without limiting the foregoing, Seller shall pay directly or reimburse Buyer, whichever may be the case, for all incidental costs and expenses incurred in respect to the repair or replacement of a nonconforming article or part, including without limitation, material, labor (i.e. costs of disassembly, costs of temporary repairs, costs of reassembly), travel (reasonable transportation and living costs of Buyer's personnel responsible for performing warranty work, transportation), and freight (i.e. insurance and other expenses related to shipping replacement items, and expenses related to disposing of defective items or returning defective items to Seller). As soon as practicable, but in no event more than 30 days after the execution of this Purchase Order, the parties shall agree upon a written procedure governing warranty claims, including the hourly labor rate at which:

a. Buyer shall be reimbursed for warranty work performed. Time charged for performing warranty work shall be in accordance with the flat rate manual governing warranty work performed under the Prime Contract. b. Buyer's approval of the Seller's design or material shall not be construed to relieve the Seller of the warranties contained herein, nor shall waiver by Buyer of any drawings or specification requirements for one or more articles constitute a waiver of any such requirements for the remaining articles to be delivered hereunder unless so stated by Buyer. The provisions of this Clause shall not limit or affect the rights of Buyer under the Clause hereof entitled "Inspection of Supplies—Fixed Price" (FAR 52.246-2) and other inspection and quality control provisions of the Purchase Order. In no event shall inspection, test, acceptance of, or payment by Buyer for the articles be deemed to modify or waive Buyer's rights in respect to any of the warranties contained herein.

10. Exemption Certificate

The Buyer hereby certifies that it is a manufacturer or producer of articles which otherwise are taxable under Chapter 31 of the Internal Revenue Code, as amended, and holds a Registration for Tax Free Transactions and Certificate of Registry Number 39-97-3065-0 issued by the District Director of Internal Revenue. Buyer further certifies that the article or articles specified in this order will be used by it as material in the manufacture or production of, or as a component part of, an article or articles to be manufactured or produced by it and enumerated in said Chapter 31. It is understood that for all purposes of said Chapter 31, Buyer will be considered the purchaser for further manufacture of the articles purchased hereunder and, except as specifically provided by law, must pay tax on resale or use, otherwise than as specified above, of the articles purchased





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hereunder. It is further understood that fraudulent use of Buyer's Certificate to secure exemptions will subject the guilty parties to the penalties provided by law. At Seller's request, Buyer will furnish Seller or its subsidiary a certificate separate from this Purchase Order to the same effect as the first sentence of this Clause for use in conjunction with the filing of federal excise tax returns or an audit or other governmental review of Seller's records relating to excise tax collections and payments. Purchase Orders covering articles untaxable under Chapter 31 of the Internal Revenue Code, as amended, render the Certificate inoperative as to such orders.

11. Indemnity

Seller shall indemnify and save Buyer free and harmless from and against any and all claims, damages, liabilities or obligations of whatsoever kind including, but not limited to damages or destruction of property and injury or death of persons, resulting or allegedly resulting from or connected with:

a. the quality of the goods sold;

b. Seller's performance hereunder; or

c. any default by Seller or breach of its obligations hereunder.

Seller, by acceptance of this purchase order, hereby assumes the entire and full responsibility and liability for any and all damages, injury, loss and expense of any kind or nature whatsoever to all persons, whether employees or others, and to all property, arising out of or in any manner resulting from the execution of work provided for in this contract and work incidental thereto, or occurring in connection therewith, whether the same arises from negligence or otherwise, even though such damages, injury, loss or expenses are attributable to the joint, concurrent or contributory negligence of Buyer, its agents, servants or employees. Seller agrees to indemnify, save harmless and defend Buyer, its agents, servants and employees from and against any and all such damage, injury loss and expenses, including attorneys' fees and expenses of litigation arising out of or in any manner resulting from or occurring in connection with the execution of the work herein provided for, and work incidental thereto, or occurring in connection with or resulting from the use of Seller's subcontractors, agents or employees or others of any material, tools, implements, appliances, scaffolding ways, condition of previous works or machinery or other personal or real property of Buyer or others. The foregoing shall apply whether any claims resulting in any damages, injury, loss or expense arise under the common law or under any applicable workmen's compensation law or other statute, or otherwise.

(11.1) Procurement Integrity Indemnification

In addition to any other remedies provided by law or under this Purchase Order, if Buyer is subjected to any liability as a result of a failure of Seller or its subcontractors to comply with applicable Government regulations pertaining to the procurement integrity provisions of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. ∋ 423 (1990)), then Seller agrees to indemnify and hold Buyer harmless to the full extent of any claim, suit, loss, cost, damage, expense (including attorney's fees), or liability resulting directly from such failure.

(11.2) Defective Cost or Pricing Data Indemnification





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Seller agrees to hold Buyer harmless to the full extent of any claim, suit, loss, cost, damage, expense (including attorneys' fees), or liability resulting from any defective cost or pricing data order by the United States against Buyer that is the result of Seller's failure to comply with applicable governmental regulation pertaining to accurate, complete and current cost or pricing data.

(11.3) Cost Accounting Standards Indemnification

Seller agrees to hold Buyer harmless to the full extent of any claim, suit, loss, cost, damage, expense (including attorneys' fees), or liability resulting directly from Seller's failure to comply with disclosed practices or applicable cost accounting standards promulgated by the United States Government.

(11.4) Patent Indemnity

Supplier shall indemnify Buyer and its officers, agents and employees against liability, including costs, for infringement of any United States patent arising out of the manufacture or delivery of supplies or the performance of services under this Purchase Order, or out of the use by Buyer of such supplies.

12. Insurance

Every contractor and all parties furnishing services or product to Oshkosh Corporation or any of its subsidiary companies must provide Oshkosh Corporation with evidence of the following minimum insurance requirements. In no way do these minimum requirements limit the liability assumed elsewhere. All parties shall, at their sole expense, maintain the following insurance:

Property Coverage

Vendor to insure the materials and inventory on site for full replacement cost coverage. Limits must equal the full replacement cost of all equipment (tools) and inventory.

Commercial General Liability - Coverage per ISO Form CG 0001(1-98) 1998 edition or equivalent.

$1,000,000 Per Occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations $1,000,000 Personal & Advertising Injury

Additional Insured Endorsement naming Oshkosh Corporation and its

Subsidiaries Vendors coverage is primary with respect to all insureds and additional

insureds

Garage Liability Coverage

$1,000,000 Per Occurrence $1,000,000 Per Occurrence other than Auto $2,000,000 Aggregate other than Auto

Symbol 21 should be used to designate any Auto coverage Dealer’s General Liability coverage should be primary and non-contributory





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Additional Insured Endorsement naming Oshkosh Corporation and its Subsidiaries

[Note: Subject to approval of Oshkosh Corporation, the Garage Liability policy can be expanded to include General Liability. Garage keepers must be written separately if this is done.]

Garage keepers and Dealers Physical Damage– Comprehensive/Collision/Dealer’s Drive Away

$1,000,000 Comprehensive - Each Location

$1,000,000 Collision - Each Location

Symbol 30 should be used to designate Auto’s left with you for service, repair, storage or safekeeping

Coverage to apply to Oshkosh Corporation and its subsidiaries apparatus in your possession both at or away from your business location

Coverage should be Direct-Excess $1,000,000 Dealer’s Drive Away Collision coverage

Automobile Liability

$1,000,000 Each Accident – Any Automobile

Additional Insured Endorsement naming Oshkosh Corporation and its Subsidiaries

Umbrella - Provide coverage over the Commercial General Liability, Business Automobile and Employers Liability policies.

$4,000,000 Per Occurrence $4,000,000 Aggregate

Additional Insured Endorsement naming Oshkosh Corporation and its

Subsidiaries.

Workers Compensation -

Coverage A - Statutory Benefits Coverage B - Employers Liability

$500,000 Bodily Injury by Accident - Each Accident $500,000 Bodily Injury by Disease - Policy Limit $500,000 Bodily Injury by Disease - Each Employee

Coverage C - Other States

Waiver of Subrogation in favor of Oshkosh Corporation

Additional Requirements: The above insurance coverages may be obtained through any combination of primary and excess or umbrella liability insurance.





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Contractor shall provide at Oshkosh Corporations request certificates of insurance evidencing the coverages, limits and provisions specified above on or before the execution of the agreement and thereafter upon the renewal of any of the policies. All contractors/vendors will maintain insurance in the following types and minimum amounts with insurance carriers that have an AM Best Rating of no less than “A-XII”. Contractor shall require all insurers to provide Oshkosh Corporation with a thirty (30) day advanced written notice of any cancellation or nonrenewal of the policies maintained in accordance with the agreement. Certificate Holder shall read as follows:

Oshkosh Corporation and its Subsidiaries

2307 Oregon Street Oshkosh, WI 54904

13. Bankruptcy

In the event of (a) any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against Seller, or (b) the appointment with or without the Seller's consent of an assignee for the benefit of creditors or of a receiver, or (c) Seller's ceasing to conduct its operations in accordance with accepted business practices (including inability to meet its obligations as they mature), then Buyer shall be entitled to elect to cancel any unfilled part of this Purchase Order without any liability whatsoever. Whether or not Buyer so elects to cancel, Buyer may, at Buyer's sole election, pay Seller its actual direct out-of-pocket costs of performance hereunder to the date of such cancellation, as approved by Buyer, in which event the goods or uncompleted portions of the goods shall be the property of Buyer and Seller shall safely hold the same for a reasonable time subject to receipt of Buyer's written shipping instructions or other disposition instructions.

14. Waiver

Neither the waiver by Buyer, nor Buyer's failure to insist on performance of any term, condition or provision hereof, nor Buyer's failure to exercise any right or privilege, nor Buyer's waiver of any breaches, shall be or be construed as a waiver of any other term provision, condition, rights, privilege or breach nor a waiver of any subsequent breach of the same term, condition or provision, nor shall it be or be deemed to be a waiver of any provisions of any subsequent Purchase Order. Buyer's rights and remedies provided hereunder and by law shall be cumulative. Any amendment to these terms and conditions must be agreed to in writing by both parties.

15. Subcontracts

In the acceptance of this Purchase Order, it is agreed that all subcontracts will be subject to all the terms and conditions contained herein. Such subcontracts do not relieve Seller of its obligation hereunder.

16. Prices

Seller agrees to deliver the goods sold or services to be furnished to Buyer under this Purchase Order at the prices stated on the face hereof. No additional changes and no price adjustments will be allowed unless agreed to in writing in advance by an authorized officer of Buyer. Seller warrants that such prices are not less favorable than those currently extended to any other customer for the same or like goods or services in equal or less quantities. In the event Seller reduces its price for such goods or services prior to complete delivery of all goods or the furnishing of all services covered by this Purchase Order, Seller agrees to reduce, correspondingly, the price of the goods or services covered hereby. Upon notice to Seller, Buyer





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may offset any amounts due Buyer from Seller against amounts due seller. All prices are expressed and shall be payable in U.S. dollars unless otherwise provided on the face hereof.

17. Buyer's Property

All material including tools and equipment furnished or specifically paid for by Buyer and any replacement thereof, or any materials affixed or attached thereto, shall be and remain the property of Buyer, shall be subject to removal at any time without additional cost upon demand by Buyer, shall be used only in filling orders from Buyer, shall be kept separate from other materials or tools and shall be clearly identified as the property of Buyer. It shall be the responsibility of the Seller to maintain, keep in good condition, and replace when necessary at Seller's expense all such tools, material and equipment in order that such tools, material and equipment at all times have the capacity to produce parts in conformance with Buyer's Purchase Order. All such replacements shall be the property of Buyer and shall be so identified. Seller assumes all liability for loss or damage, with the exception of normal wear or tear, and agrees to supply detailed statements of Buyer's property in Seller's possession, custody or control at monthly intervals or as otherwise agreed upon to the extent necessary under applicable law. Seller hereby grants to Buyer a security interest in all such tools, material and equipment and agrees to provide Buyer upon request with duly executed financing statements or other documents sufficient in form, when properly filed or recorded, to perfect the same. All such material, tools and equipment, while in Seller's possession, custody or control, shall be held at Seller's risk and shall be kept insured by Seller at Seller's expense in an amount equal to the replacement cost with loss payable to Buyer. All know-how and technical data, whether or not reduced to writing, provided to seller in connection with its performance of this order is confidential and proprietary to Seller and may not be used or disclosed by Seller except as necessary to perform its obligations hereof. All copies of such know-how and technical data shall be returned to Buyer upon the completion, cancellation, or termination hereof.

18. Disputes

a. Any dispute or claim arising or relating to this Purchase Order which is not settled by agreement between the parties shall, to the extent it involves a claim that is cognizant under the Disputes Clause of the Prime Contract, be presented by Buyer for decision by the Contracting Officer. In the event Seller is not satisfied with the Contracting Officer's decision, Buyer will appeal the Contracting Officer's decision as provided under the Disputes Clause of the Prime Contract.

b. In presenting Seller's claim for decision by the Contracting officer or appealing from the

decision of the Contracting Officer:

(i) Buyer shall proceed to present the claim or to appeal from the decision, as the case may be, on behalf of Seller in the manner prescribed in the Prime Contract;

(ii) Buyer shall cooperate with and assist Seller in every way necessary to

prepare and present Seller's claim or the appeal from the decision of the Contracting Officer;

(iii) Buyer shall allow its name to be used in presenting the claim to the

Contracting Officer and in any appeal from the decision of the Contracting Officer and shall make witnesses under the Prime Contract available as needed; (iv) Costs incurred by the parties in the proceedings





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shall be paid by the party incurring them without prejudice to any right such party may have otherwise to recoupment or allowance.

Disposition of a claim under the procedure provided in the Prime Contract shall be final and conclusive between the parties. Pending final disposition of any claim decided by the Contracting Officer and any appeal from the Contracting Officer's decision, Seller shall proceed diligently with performance of this Purchase Order in the manner directed by Buyer.

c. If and to the extent that any dispute or claim arising under or relating to this Purchase

Order which is not settled by agreement between the parties does not involve a claim that is cognizable under the Disputes Clause of the Prime Contract, either party may proceed to resolve the dispute in any court of competent jurisdiction.

19. Configuration Statement

The item described on our drawing is the only configuration approved by Oshkosh. No changes shall be made to this part or sub-component, processes and/or manufacturing location without prior notification and approval from Oshkosh.

20. Force Majeure

Neither party shall be responsible to the other for any failure or delay in performing any of its obligations under this Purchase Order due to unforeseeable causes beyond the control and without the fault or negligence of such party, including without limitation, acts of God or of the public enemy, acts of the United States Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. If Seller's failure or delay in performing any of its obligations under this Purchase Order are caused by delays or failures to perform by Seller's suppliers and subcontractors, and if such delays or failures arise out of any of the foregoing causes, then Seller shall not be liable for its delays or failures to perform, unless the supplies and/or services to be furnished by the suppliers or subcontractors were obtainable from other sources in sufficient time to permit the Seller to meet its obligations under this Purchase Order. The occurrence of circumstances constituting a force majeure hereunder shall excuse a party from performance of its obligations only to the extent that actual performance is thereby affected, it being understood that to the extent performance is not thereby affected, a party shall continue to perform its obligations in accordance with the terms thereof. A party shall immediately notify the other party when it becomes aware of circumstances constituting a force majeure as above provided or which with the passage of time could result in a force majeure.

21. Default

a. Buyer may, by written notice of default to Seller, terminate this Purchase Order or any part thereof if the Seller fails: (1) to deliver the articles to be furnished under this Purchase Order in accordance with the delivery schedules specified herein, or any extensions thereof by Change Order; (2) to replace or correct defective articles in accordance with the provisions of this Purchase Order; or (3) to perform any of the other provisions of this Purchase Order, or to make progress as to endanger performance of this Purchase Order in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such other period as the





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government shall authorize in writing) after receipt of notice from Buyer specifying such failure.

b. In the event of termination pursuant to this Clause, Buyer may purchase similar articles

elsewhere on such terms and in such a manner as Buyer may deem appropriate and the Seller shall be liable to Buyer for any excess costs occasioned Buyer thereby.

c. If, after notice of default under Paragraph (a) hereof, it is determined that Seller was not

in default or that the failure to perform this Purchase Order is due to causes within the meaning of the clause herein entitled "Force Majeure", said notice shall be deemed to have been issued pursuant to the clause herein entitled, "Termination" (FAR 52.249-2), and the rights and obligations of the parties hereto shall be governed by that clause. No such cause shall excuse Seller unless Seller has notified Buyer in writing of the existence of the cause within ten (10) days from the beginning thereof.

d. Seller may, by written notice of default to Buyer, terminate this Purchase Order if the

Buyer fails to perform any of the provisions of this Purchase Order, the failure to perform constitutes a material breach, and Buyer does not correct such failure within a period of thirty (30) days (or such longer period as Seller may authorize in writing) after receipt of notice from Seller specifying such failure.

e. Buyer's liability arising out of its failure to perform any of the provisions of this Purchase

Order shall be limited to Seller's direct damages resulting therefrom; and in no event shall Buyer be liable for special, indirect, incidental or consequential damages, whether in contract, tort, negligence, strict liability or otherwise. In the event Buyer shall withhold payment to Seller for reasons claimed by Buyer as legally justified, Seller shall not terminate this Purchase Order as above provided until either (i) the issue of Buyer's conduct has been resolved against Buyer under the clause hereof entitled "Disputes" or (ii) Buyer has expressly waived in writing the application of such clause.

22. Certification of Requests for Adjustments or Relief Exceeding $50,000

a. If Buyer submits to the Government any contract claim, request for adjustment to or interpretation of contract terms, request for relief under Public Law 85-804 or other similar request exceeding $50,000, and such claim or request includes or is based upon a claim or request exceeding $50,000 made by Seller to Buyer, Seller shall, at Buyer's request submit the following certificate executed by Seller, if an individual, by a senior company official in charge at Seller's plant or location involved, or by an officer or general partner of Seller having overall responsibility for the conduct of the Seller's affairs:

I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, and that the amount requested accurately reflects the contract adjustment for which the Seller believes Buyer is liable.

b. In conjunction with the certification in Paragraph (a), Seller shall make its claim in writing

and provide full disclosure of all relevant facts, including cost and pricing data.

c. The certification requirement in Paragraph (a) hereof does not apply to a voucher, invoice, or other routine request for payment that is not in dispute. However, where such submission is subsequently disputed either as to liability or amount or not acted upon in a reasonable time, it may become a claim or request subject to the certification requirement in Paragraph (a).





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23. Value Engineering

Buyer's Prime Government Contract contains the VALUE ENGINEERING clause in FAR 52.248-1 (OCT 2010). Value engineering is concerned with eliminating nonessential functions or components of end items or tasks which contribute to the cost of their being acquired, operated, or logistically supported. Seller may suggest changes which would reduce overall cost to the Government by submitting a value engineering change proposal as defined in FAR 52.248-1 to Buyer. Seller shall share equally with Buyer in any savings resulting from the Government's acceptance of Seller's proposal pursuant to the Value Engineering clause in Buyer's Prime Government Contract.

24. Limitation of Liability

a. Except as provided below, Seller shall not be liable for loss of or damage to property of the Government (excluding the articles delivered under this contract which are incorporated by Buyer into the supplies delivered to the Government under Seller's Prime Government Contract) occurring after the Government's acceptance of such supplies and resulting from any defects or deficiencies in such articles.

b. The foregoing limitations shall not apply when the defects or deficiencies in such articles

or the Government's acceptance of such supplies resulted from willful misconduct or lack of good faith on the part of any of Seller's directors or officers, or on the part of any of its managers, superintendents, or other equivalent representatives, who have supervision or direction of:

(i) all or substantially all of Seller's business; or

(ii) all or substantially all of Seller's operations at any one plant or separate location, in which this contract is being performed; or

(iii) a separate and complete major industrial operation in connection with

the performance of this contract.

c. Notwithstanding Paragraph (a), if Seller carries insurance or has established a reserve for self-insurance covering liability for damages or losses suffered by the Government through purchase or use of the supplies, which Buyer is required to deliver to the Government under Buyer's prime contract and in which Buyer has incorporated the articles delivered by Seller under this Purchase Order, Seller shall be liable to the extent of such insurance or reserve for self-insurance for damages or losses to property of the Government occurring after the Government's acceptance of such supplies and resulting from any defects or deficiencies in such articles.

d. The substance of this clause, including this paragraph (d) suitably altered to reflect the

relationship of the contracting parties shall be included in all subcontracts hereunder. 25. Public Releases

Neither party shall make any news releases or public announcements regarding this Purchase Order without the prior written consent of the other party.

26. Non-Assignability





Page 15 of 94

Neither this Purchase Order nor any interest therein shall be assigned by Seller without the prior written consent of Buyer.

27. Repair Part Support

Seller agrees to make available to Buyer (at a location mutually agreed upon by the parties) all assembly and assembly components for service requirements for the articles furnished under this Purchase Order at Seller's list price in effect from time to time less a discount at least equivalent to that offered its most favored customers, taking into account further such other relevant factors as the cost savings that may be effected through quantity purchases, for a minimum of 14 years from the delivery by Buyer to the government of the last article, or part or assembly therefore, under the Prime Contract.

28. Taxes

Except as Buyer has otherwise provided in this Order, the prices stated in the Order include all applicable Federal, state and local taxes and duties.

29. Risk of Loss and Responsibility for Supplies

a. When this Order specifies that the designated delivery point is F.O.B. carrier, Seller's plant, risk of loss (used in this clause to include damage, destruction, theft or other loss of the supplies) shall pass to Buyer upon delivery of the items to the common carrier by Seller properly addressed, labeled and consigned, and Buyer shall be responsible for asserting any claims against the carrier and for maintaining any required insurance against loss in transit.

b. When this Order specifies that the designated delivery point is F.O.B. destination, risk of

loss shall remain with Seller until delivery of the items to Buyer, and Seller shall be responsible for asserting any claims against the carrier and for maintaining any required insurance against loss in transit.

c. Seller shall be responsible for the supplies covered by this Order until they are delivered

at the designated delivery point, regardless of the point of inspection. After delivery to Buyer at the designated delivery point and prior to acceptance by Buyer or rejection and giving notice thereof by Buyer, Buyer shall be responsible for risk of loss. Passing of the risk of loss shall not constitute acceptance or relieve Seller of any of its obligations hereunder. Seller shall bear all risks of loss as to properly rejected supplies after timely written notice of rejection has been given, except that Buyer shall be responsible for risk of loss as to the rejected supplies if such loss results from the negligence of officer, agents or employees of Buyer.

30. Responsibility for Property

Unless otherwise provided in this Order, Seller, upon delivery to it by Buyer or manufacture or acquisition by Seller, of any materials, parts, tooling or other property, the title of which is in the Buyer or the Government, assumes the risk of and shall be responsible for any loss thereof or damage thereto. Seller, in accordance with provisions of this Order, but in any event upon completion thereof, shall return such property to Buyer in the condition in which it was received except for reasonable wear and tear.

31. Government Approval of Subcontractor





Page 16 of 94

The Buyer's offer is contingent upon the approval by the Administrative Contracting Officer of this Purchase Order,as applicable..

32. Industrial Offset Credit/Cooperation

This Contract has been entered into in direct support of OSHKOSH CORPORATION's international offset programs. To the exclusion of all others, all industrial benefits or offset benefit credits resulting from this Contract are the sole property of OSHKOSH CORPORATION to be applied to the offset program of its choice. SELLER shall provide documentation or information that OSHKOSH CORPORATION or its assignees may reasonably request to substantiate claims for industrial benefits or offset credits. SELLER agrees to assist OSHKOSH CORPORATION in securing appropriate offset credits from the respective country government authorities. SELLER agrees to use reasonable efforts to identify the foreign content of goods that SELLER either produces itself and/or procures from subcontractors for work directly related to this Contract. Promptly after selection of a non-U.S. subcontractor for work under this Contract, SELLER shall notify OSHKOSH CORPORATION of the name, address, subcontract point of contact (including telephone number and e-mail address) and dollar value of the subcontract. In the case of an International Transaction, Seller agrees that OSHKOSH CORPORATION, its subsidiaries, affiliates or its designees may exclusively use the value of the Purchase Order to satisfy any international offset obligations that OSHKOSH CORPORATION may have with Seller’s country, subject to the offset qualifying laws, rules and regulations of that country.

33. Change Order Accounting

Change Order accounting shall be used whenever the estimated cost of a change or series of related changes exceeds $100,000. The Seller shall maintain separate accounts, by job order or other suitable accounting procedure, of all incurred segregable, direct costs (less allocable credits) of work, both changed and not changed, allocable to the change. The Seller must maintain such accounts until the parties agree to an equitable adjustment for the Changes ordered by the Seller or the matter is conclusively disposed of in accordance with the Disputes Clause.

34. Manufacturer's Identification Symbol Listing Requirement

a. Definitions.

(i) MANUFACTURER, as used in this clause, means the actual source which substantially makes a product out of raw materials.

(ii) MANUFACTURER'S IDENTIFICATION SYMBOL, as used in this clause, means

a unique marking or logo normally applied to threaded steel fasteners during the manufacturing process that distinguishes such products from similar products of other manufacturers.

b. This clause establishes requirements to advance the Government's objective that all

threaded steel fasteners procured from a Government or contractor-owned technical data package (TDP), as further described herein, be identified by a manufacturer's identification symbol listed by the Defense Industrial Supply Center (DISC).

c. This clause applies to end items:





Page 17 of 94

(i) where the government TDP specifies the use of Steel Cap Screws (threaded

steel fasteners) in accordance with Federal Specification FF-S-85C, American National Standards Institute B 18.2.1-1981, and various Military Standard drawings which specify SAE Alloy Steel; or

(ii) in which threaded steel fasteners of a unique contractor design are employed pursuant to a contractor-owned TDP.

d. The Seller agrees to furnish to the Buyer end items which contain only threaded steel fasteners procured by a manufacturer whose identification symbol has been listed by DISC. If the manufacturer's symbol has not been listed by this agency, the manufacturer should submit its symbol to DISC at the following address without delay for immediate listing:

Defense Industrial Supply Center ATTN: DISC-ESA 700 Robbins Avenue Philadelphia, PA 19111-5096 Phone (877) 352-2255 http://www.dscp.dla.mil

e. The DISC list of manufacturer's identification symbols includes those manufacturers that

were listed with the American Society of Mechanical Engineers (ASME) as of June 30, 1988. Manufacturers listed with ASME as of June 30, 1988 need not apply for listing by DISC.

f. The Seller is responsible for ensuring that all hardware procured from a Government TDP

meets the specifications of the TDP, and that all threaded steel fasteners employed in and items procured from either a Government or contractor-owned TDP reflect a manufacturer's identification symbol listed by DISC.

35. Federal Acquisition Regulation Clauses

(1) The referencing of the appropriate provisions of the Federal Acquisition Regulation (FAR) and the DoD Federal Acquisition Regulation Supplement (DFARS) shall conclusively establish their applicability, as well as their incorporation into this Purchase Order by reference with the same force and effect as though set forth in full. Purchase Orders for qualified FASA Commercial Items are subject to paragraphs 1-33, above, and only those clauses in this paragraph 34 designated “FCI.”

(2) Definitions

a. Whenever the term "supplies" is used in the FAR clauses incorporated herein by

reference, it shall mean the articles furnished under this Purchase Order.

b. Whenever the terms "contractor" or "subcontractor" are used in the FAR clauses incorporated herein by reference, they shall mean Seller.

c. Whenever the terms "contract" or "subcontract" are used in the FAR clauses

incorporated herein by reference, they shall mean this Purchase Order.





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d. Whenever the term "prime contract" is used, it shall mean the contract between the Buyer and the Government.

e. Where appropriate to the meaning and "flow-down" character of the clause,

"Government" should be read to mean, "Buyer."

(3) The following FAR clauses are incorporated herein by reference: a. FAR Clause revision dates and titles were updated as of April 7, 2017.

b. NOTE: FCI Indicates that Clause also applies to FASA Commercial Items. *FCI REGULATORY

CITE

TITLE

DATE

FCI Indicates that Clause also applies to FASA Commercial Items 52.202-1

DEFINITIONS NOV 2013

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

APR 1985

FCI 52.203-3 GRATUITIES (change “government” to “buyer” in (c) and (d) and “contract” to “prime contract” in (c)

APR 1984

52.203-5

COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT SEP 2006

FCI 52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014

52.203-8 CANCELLATION, RECISSION AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

MAY 2014

FCI 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

MAY 2014

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

SEP 2007

FCI

52.203-12 52.203-13 52.203-14

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT DISPLAY OF HOTLINE POSTER(S)

OCT 2010 APR 2010 DEC 2007

FCI 52.203-15 52.203-16

WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 PREVENTING PERSONAL CONFLICTS OF INTEREST

JUN 2010 DEC 2011

52.204-2

SECURITY REQUIREMENTS

AUG 1996

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011

52.204-7 SYSTEM FOR AWARD MANAGEMENT JUL 2013





Page 19 of 94

*FCI REGULATORY CITE

TITLE

DATE

FCI Indicates that Clause also applies to FASA Commercial Items 52-204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST TIER

SUBCONTRACT AWARDS

Oct 2016

FCI

52.204-13 52.204-21

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

Oct 2016 JUN 2016

52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA

MAY 2014

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

APR 2010

FCI 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

Oct 2015

FCI 52.211-5

MATERIAL REQUIREMENTS (“Contracting Officer” means Buyer’s Purchasing Representative and “Government” means Buyer in the last two sentences of the clause.)

AUG 2000

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.211-7 ALTERNATIVES TO GOVERNMENT UNIQUE STANDARDS

NOV 1999

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE EMERGENCY PREPAREDNESS AND ENERGY PROGRAM USE

APR 2008

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR 2008

FCI 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS FEB 2012

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

MAY 2015

52.212-5 Alt II CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS MAY 2015





Page 20 of 94


TITLE

DATE


(CLASS DEVIATION-2013-O0019, COMMERCIAL ITEM OMNIBUS CLAUSES FOR ACQUISITIONS USING THE STANDARD PROCUREMENT SYSTEM)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS NOTE: EFFECTIVE AS OF SEP 25, 2013 DEVIATION IN EFFECT FOR 5 YEARS OR UNTIL RESCINDED

MAY 2015

52.212-5

(CLASS DEVIATION 2013-O0019) ALTERNATE II

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS NOTE: EFFECTIVE AS OF SEP 25, 2013 DEVIATION IN EFFECT FOR 5 YEARS OR UNTIL RESCINDED

APR 2015

52.214-26 AUDIT AND RECORDS-SEALED BIDDING OCT 2010

52.214-28 SUBCONTRACTOR COST OR PRICING DATA-MODIFICATIONS-

SEALED BIDDING OCT 2010

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION

JAN 2004

52.215-2 AUDIT AND RECORDS – NEGOTIATIONS

OCT 2010

FCI 52.215-5 FACSIMILE PROPOSALS OCT 1997 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT OCT 1997

52.215-9 CHANGES OR ADDITIONS TO MAKE-OR-BUY PROGRAM OCT 1997

52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA

AUG 2011

52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA—MODIFICATIONS

AUG 2011

52.215-12 SUBCONTRACTOR COST OR PRICING DATA

OCT 2010

52.215-13 SUBCONTRACTOR COST OR PRICING DATA—MODIFICATIONS OCT 2010

52.215-14 INTEGRITY OF UNIT PRICES (AND ALT I) OCT 2010

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS

OCT 2010

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POST RETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS

JUL 2005





Page 21 of 94


TITLE

DATE

FCI Indicates that Clause also applies to FASA Commercial Items 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES

OCT 1997

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA—MODIFICATIONS—(ALTERNATE III (OCT 1997))

OCT 2010

52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES – IDENTIFICATION OF SUBCONTRACTOR EFFORTS

OCT 2009

52.215-23

LIMITATIONS ON PASS-THROUGH CHARGES

OCT 2009

52.216-7

ALLOWABLE COST AND PAYMENT

JUN 2013

52.216-8 FIXED FEE JUN 2011

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000

52.216-22 INDEFINITE QUANTITY

OCT 1995

52.219-2

EQUAL LOW BIDS

OCT 1995

52.216-29 TIME-AND-MATERIALS/LABOR HOUR PROPOSAL REQUIREMENTS NON-COMMERCIAL ITEM ACQUISITION WITH ADEQUATE PRICE COMPETITION

FEB 2007

52.216-30 TIME-AND-MATERIALS/LABOR HOUR PROPOSAL REQUIREMENTS NON-COMMERCIAL ITEM ACQUISITION WITHOUT ADEQUATE PRICE COMPETITION

FEB 2007

52.216-31 TIME-AND-MATERIALS/LABOR HOUR PROPOSAL REQUIREMENTS COMMERCIAL ITEM ACQUISITION

FEB 2007

FCI 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS Nov 2016

FCI 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015) –ALTERNATE II (Oct 2001)

OCT 2015 OCT 2001

FCI 52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN JAN 1999

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (“Contracting Officer” means Buyer’s Purchasing Representative)

FEB 1997

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—OVERTIME COMPENSATION

JUL 2005

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS MAY 2014

52.222-7 WITHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLL AND BASIC RECORDS MAY 2014





Page 22 of 94


TITLE

DATE

FCI Indicates that Clause also applies to FASA Commercial Items 52.222-9 APPRENTICES AND TRAINEES JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-12 CONTRACT TERMINATION – DEBARMENT MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS

MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15

52.222-19

CERTIFICATION OF ELIGIBILITY CHILD LABOR – COOPERATION WITH AUTHORITIES AND REMEDIES

FEB 1988 Oct 2016

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES AND EQUIPMENT EXCEEDING $15,000

MAY 2014

52.222-21 PROHIBITION OF SEGREGATED FACILITIES

APR 2015

52-222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

FEB 1999

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW

FEB 1999

52.222-25 AFFIRMATIVE ACTION COMPLIANCE

APR 1984

FCI 52.222-26 EQUAL OPPORTUNITY (but only sub-paragraphs (c) (1) through (c) (11)).

Sep 2016

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

MAY 2010

52.222-29 NOTIFICATION OF VISA DENIAL

Apr 2015

FCI 52.222-35 EQUAL OPPORTUNITY FOR VETERANS

SEP 2010

FCI 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (if this Purchase Order exceeds $15,000)

OCT 2010

52.222-37 EMPLOYMENT REPORTS ON VETERANS

Feb 2016

FCI 52.222-39 RESERVED

FCI

52.222-40 52.222-41

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR REALTIONS ACT SERVICE CONTRACT LABOR STANDARDS

DEC 2010 MAY 2014





Page 23 of 94


TITLE

DATE

FCI Indicates that Clause also applies to FASA Commercial Items FCI 52.222-50

52.222-54

COMBATING TRAFFICKING IN PERSONS EMPLOYMENT ELIGIBILITY VERIFICATION

MAR 2015 Oct 2015

FCI FCI FCI FCI

52.222-55 52.222-59 52.222-60 52.222-62

MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 COMPLIANCE WITH LABOR LAWS (EXECUTIVE ORDER 13673) PAYCHECK TRANSPARENCY (EXECUTIVE ORDER ) PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

DEC 2014 DEC 2016 OCT 2016 JAN 2017

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (All orders meeting criteria of FAR 23.303 and Appendix A of Federal Standard 313B).

JAN 1997

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

MAY 2011

52.223-6 DRUG FREE WORKPLACE MAY 2001

52.223-7 NOTICE OF RADIOACTIVE MATERIALS (Applies to subcontracts for the supply of radioactive materials).

JAN 1997

52.223-11 52.223-12

OZONE-DEPLETING SUBSTANCES REFRIGERATION EQUIPMENT AND AIR CONDITIONERS

MAY 2001 MAY 1995

52.223-10 WASTE REDUCTION PROGRAM MAY 2011

52.223-13 RESERVED

52.223-14 RESERVED

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

AUG 2011

52.224-2 PRIVACY ACT

APR 1984

FCI 52.225-1 BUY AMERICAN ACT - SUPPLIES

FEB 2009

52-225-3 BUY AMERICAN ACT – FREE TRADE AGREEMENTS – ISRAELI TRADE ACT

MAY 2012

52-225-8 DUTY-FREE ENTRY OCT 2010

52.225-10 NOTICE OF BUY AMERICAN ACT - CONSTRUCTION MATERIALS FEB 2009

52.225-11 BUY AMERICAN ACT – CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

MAY 2012

52.225-12 NOTICE TO BUY AMERICAN ACT REQUIREMENT – CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

FEB 2009





Page 24 of 94


TITLE

DATE


52.225-15

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES RESERVED

JUN 2008

FCI

52.225-19 52.225-26

CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR SUPPORTING A DIPLOMATICE OR CONSULAR MISSION OUTSIDE THE UNITED STATES CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE U.S.

MAR 2008 OCT 2016

52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED

ECONOMIC ENTERPRISES

JUN 2000

52.227-1 AUTHORIZATION AND CONSENT (applicable to Research and Development subcontracts). (Except in subparagraph (a)(1) “this contract” means the prime contract and “through the Buyer” is inserted after “Contracting Officer.”)

DEC 2007

FCI 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (if this Order equals or exceeds $25,000. Except “Contracting Officer” means Buyer and “Government” means Government or Buyer).

DEC 2007

52.227-3 PATENT INDEMNITY (Except in this clause “Government” means “Buyer”) APR 1984

52.227-6 ROYALTY INFORMATION

APR 1984

52.227-9 REFUND OF ROYALTIES (Applies only to subcontracts in which royalties of more than $250 have been reported during negotiation)

APR 1984

52.227-10 FILING OF PATENT APPLICATIONS – CLASSIFIED SUBJECT MATTER (Applicable only to subcontracts likely to cover classified subject matter.)

DEC 2007

52.227-11 PATENT RIGHTS - OWNERSHIP BY THE CONTRACTOR (Long Form) (Applies only to subcontracts for experimental, developmental, or research work performed by other than a small business or a non profit organization.)

DEC 2007

52.227-13 PATENT RIGHTS – ACQUISITION BY THE GOVERNMENT (Applies to subcontracts for experimental, developmental or research work. The Contractor shall not obtain rights in the supplier’s subject inventions).

DEC 2007

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

APR 1984

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS

APR 1984

52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION

JAN 1997

52.228-7 INSURANCE – LIABILITY TO THIRD PERSONS MAR 1996





Page 25 of 94


TITLE

DATE

FCI Indicates that Clause also applies to FASA Commercial Items 52.229-3 FEDERAL, STATE, AND LOCAL TAXES

FEB 2013

52.229-8 52.230-1

TAXES – FOREIGN COST REIMBURSEMENT CONTRACTS Cost Accounting Standards Notices and Certification (excludes sub paragraph b)

MAR 1990 OCT 2015

52.230-2 COST ACCOUNTING STANDARDS

OCT 2015

52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES

OCT 2015

52.230-5 COST ACCOUNTING STANDARDS – EDUCATIONAL INSTITUTION

MAY 2012

52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS

JUN 2010

52.232-1 PAYMENTS

APR 1984

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS

AUG 2012

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS

APR 1984

52.232-11 EXTRAS APR 1984

52.232-16 PROGRESS PAYMENTS

APR 2012

52.232-17 INTEREST MAY 2014

52-232-20

LIMITATION OF COST APR 1984

52-232-22

LIMITATION OF FUNDS APR 1984

52.232-23 ASSIGNMENT OF CLAIMS ALTERNATE 1

MAY 2014 APR 1984

52.232-25 PROMPT PAYMENT

Jan 2017

52.232-37 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS MAY 2014

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION

JUL 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

DEC 2013

52.233-1 DISPUTES ALTERNATE 1

MAY 2014 DEC 1991

52.233-3 PROTEST AFTER AWARD ALTERNATE 1

AUG 1996 JUN 1985





Page 26 of 94


TITLE

DATE

FCI Indicates that Clause also applies to FASA Commercial Items 52.234-1 INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE

PRODUCTION ACT TITLE III DEC 1994

52.236-13

ACCIDENT PREVENTION

NOV 1991

52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE JAN 1997

52.242-2 PRODUCTION PROGRESS REPORTS APR 1991

52.242-4 CERTIFICATION OF INDIRECT COSTS

JAN 1997

52.242-10 RESERVED

52.242-12 RESERVED

52.242-13 BANKRUPTCY

JUL 1995

52.242-15 STOP WORK ORDER ALTERNATE 1

AUG 1989 APR 1984

52.242-17 GOVERNMENT DELAY OF WORK

APR 1984

52.243-1 CHANGES—FIXED PRICE Alternate II

AUG 1987

52-243-2

CHANGES – COST REIMBURSEMENT (ALTERNATE V) AUG 1987

52-243-3 CHANGES – TIME AND MATERIAL OR LABOR HOURS

SEP 2000

52.243-6 CHANGE ORDER ACCOUNTING

APR 1984

52.243-7 NOTIFICATION OF CHANGES

APR 1984

52.244-2 SUBCONTRACTS ALTERNATE I

OCT 2010 JUN 2007

52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996

FCI 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS

Jan 2017

52.245-1 GOVERNMENT PROPERTY APR 2012





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TITLE

DATE

FCI Indicates that Clause also applies to FASA Commercial Items 52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE

(“Contracting Officer” means Buyer's Purchasing Representative or his authorized designee and "Government" means Buyer except that the first time it appears in the first sentence of paragraph (b) and in the fourth sentence of paragraph (b) it means Buyer and the Government (provided, however, that an inspection system accepted by the government will be deemed acceptable to the Buyer), and the first time it appears in paragraph (k) it means Government or Buyer. The provisions in the clause for access, rights to inspect, safety protection, and relief from liability apply equally to Buyer and the Government.

AUG 1996

52.246-3 INSPECTION OF SUPPLIES – COST REIMBURSEMENT MAY 2001

52.246-4 INSPECTION OF SERVICES – FIXED PRICE

AUG 1996

52.246-5 INSPECTION OF SERVICES – COST REIMBURSEMENT APR 1984

52.246-6 52.246-9

INSPECTION – TIME AND MATERIAL AND LABOR – HOUR INSPECTION AND RESEARCH AND DEVELOPMENT (SHORT FORM)

MAY 2001 APR 1984

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

52.246-23 LIMITATION OF LIABILITY

FEB 1997

52.246-24 LIMITATION OF LIABILITY—HIGH-VALUE ITEMS – Do not replace “subcontracts” in (f) or (g) with “this Purchase Order”. Items to be provided at time of award. This clause is ineffective unless the Seller has obtained prior approval for its inclusion in this Purchase Order.

FEB 1997

52.246-25 LIMITATION OF LIABILITY—SERVICES – (Applies only to subcontracts exceeding $25,000).

FEB 1997

52.247-1 COMMERCIAL BILL OF LADING NOTATIONS the notation set forth in paragraph (a) of the clause applies in this contract. The agency name in line one of the notations shall read: US ARMY TANK-AUTOMOTIVE & ARMAMENTS COMMAND. (Does not apply to foreign contractors)

FEB 2006

52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS

JUN 2003

FCI 52.247-64

PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS

FEB 2006





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TITLE

DATE

FCI Indicates that Clause also applies to FASA Commercial Items 52.248-1 VALUE ENGINEERING

("Contracting Officer" means Buyer's Purchasing Representative except in paragraph (j), sentence 3. "Government" means Buyer in paragraphs (e)(1), (e)(2), (g)(4), and (i)(4), and means Government and Buyer in paragraph (m), sentence 1 and in sentence 2 of the legend. Replace the share percentage figures in paragraphs (f) and (j) with those the parties agree upon.)

OCT 2010

52-249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM)

APR 1984

FCI 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(“Contracting Officer” means Buyer's Purchasing Representative and "Government" means Buyer except in paragraph (m). In paragraph (d) the term "45 days" is changed to "90 days." The term "1 year" in paragraph (e) is changed to "6 months.")

APR 2012

52.249-6 TERMINATION (COST REIMBURSEMENT) MAY 2004

FCI 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)

APR 1984

52.249-14 EXCUSABLE DELAYS APR 1984

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (i) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with unauthorized deviation is indicated by the addition of "(DEVIATION)" after the The use in this solicitation or contract of any DoD Federal Acquisition Regulation Supplement (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

APR 1984

The following DoD FAR SUPPLEMENT “DFARS” clauses are incorporated herein by reference:

*FCI

REGULATORY CITE

TITLE

DATE

FCI Indicates that Clause applies to FASA commercial Items 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS SEP 2011

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE CONTRACT-RELATED FELONIES

DEC 2008

252.203-7002 REQUIREMENT TO INFORM EMPLOYEE OF WHISTLE BLOWER SEP 2013





Page 29 of 94

*FCI

REGULATORY CITE

TITLE

DATE

RIGHTS

252.203-7004 DISPLAY OF HOTLINE POSTER(S) JAN 2015

252.204-7000 DISCLOSURE OF INFORMATION Oct 2016

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR 1992

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT FEB 2014

252.204-7008 EXPORT-CONTROLLED ITEMS

APR 2010

252.204-7010 REQUIREMENT FOR CONTRACTOR TO NOTIFY DoD IF THE CONTRACTOR’S ACTIVITIES ARE SUBJECT TO REPORTING UNDER THE US-INTERNATIONAL ATOMIC ENERGY AGENCY ADDITIONAL PROTOCOL

JAN 2009

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION

Oct 2016

252.204-7015 DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS

May 2016

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

DEC 1991

252.208-7000 INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT FURNISHED MATERIAL (Applies only to subcontracts for items containing precious metals)

DEC 1991

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY per DoD interim rule, 63 FED. REG. 14836,3.27-98

Oct 2015

252.211-7000 ACQUISITION STREAMLINING

OCT 2010

252-211-7003 ITEM IDENTIFICATION AND VALUATION (ALTERNATE 1)

JUN 2011 DEC 2011

252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS

NOV 2005

252.215-7000 PRICING ADJUSTMENTS

DEC 2012

252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS

DEC 2012

252.217-7000 EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS (ALTERNATE 1)

DEC 1991

252.217-7003

CHANGES DEC 1991

252.217-7026 IDENTIFICATION OF SOURCES OF SUPPLY NOV 1995

252.219-7003

SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONCTRACTS)

AUG 2012





Page 30 of 94

*FCI

REGULATORY CITE

TITLE

DATE

252.219-7009 SECTION 8 (a) DIRECT AWARD

SEP 2007

252.222-7000 RESTRICTIONS ON EMPLOYMENT OF PERSONNEL

MAR 2000

252.222-7006 RESTRICTION ON THE USE OF MANDATORY ARBITRATION AGREEMENTS

DEC 2010

252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES

MAY 1994

252.223-7003 CHANGE IN PLACE OF PERFORMANCE – AMMUNITION AND EXPLOSIVES

DEC 1991

252.223-7004 DRUG-FREE WORK FORCE SEP 1988

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS

SEP 2014

252.223-7007 SAFEGUARDING SENSITIVE CONVENTIONAL ARMS, AMMUNITION, AND EXPLOSIVES

SEP 1999

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM

MAY 2011

252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM

JUN 2012

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS

DEC 2012

252-225-7004 REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES AND CANADA – SUBMISSION AFTER AWARD

OCT 2010

252-225-7006 QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES

OCT 2010

252-225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM COMMUNIST CHINESE MILITARY COMPANIES

SEP 2006

252-225-7009 RESTRICTION ON ACQUISTION OF CERTAIN ARTICLES CONTAINING SPECIALTY METALS

OCT 2014

FCI 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES

Dec 2016

252-225.7013 DUTY-FREE ENTRY

May 2016

252.225-7015 RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS

JUN 2005

252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS

JUN 2011

252.225-7021 252.225-7022

TRADE AGREEMENTS TRADE AGREEMENTS CERTIFICATE – INCLUSION OF IRAQI END PRODUCTS

Dec 2016 SEP 2008

252.225-7025 RESTRICTION ON ACQUISITION OF FORGINGS

DEC 2009





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*FCI

REGULATORY CITE

TITLE

DATE

252.225-7028 252.225-7030

EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS RESTRICTION ON ACQUISTION OF CARBON, ALLOY, AND ARMOR STEEL PLATE

APR 2003 DEC 2006

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL

JUN 2005

252.225-7032 WAIVER OF UNITED KINGDOM LEVIES – EVALUATION OF OFFERS

APR 2003

252.225-7033 WAIVER OF UNITED KINGDOM LEVIES APR 2003

252.225-7036 BUY AMERICAN ACT – NORTH AMERICAN FREE TRADE AGREEMENTS – BALANCE OF PAYMENTS PROGRAM

JUN 2012

252.225-7040 CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES

FEB 2013

252.225-7043 ANTI-TERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE U.S.

MAR 2006

252.225-7048 EXPORT-CONTROLLED ITEMS JUN 2013 252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE

UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS

JAN 2012

252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS

JAN 2012

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

SEPT 2004

252.227-7013

RIGHTS IN TECHNICAL DATA – NONCOMMERCIAL ITEMS

FEB 2014

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION

FEB 2014

252.227-7015 TECHNICAL DATA COMMERCIAL ITEMS

FEB 2014

252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION

JAN 2011

252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE RESTRICTIONS

JAN 2011

252.227-7018 RIGHTS IN NON-COMMERCIAL TECHNICAL DATA AND COMPUTER SOFTWARE -–SMALL BUSINESS INNOVATION RESEARCH (SBIR) PROGRAM

MAR 2011

252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS—COMPUTER SOFTWARE

SEP 2011





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*FCI

REGULATORY CITE

TITLE

DATE

252.227-7020 RIGHTS IN SPECIAL WORKS JUN 1995

252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION MARKED WITH RESTRICTIVE LEGENDS

MAY 2013

252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE

APR 1988

252.227-7028 TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO THE GOVERNMENT

JUN 1995

252.227-7030 TECHNICAL DATA—WITHHOLDING OF PAYMENT

MAR 2000

252.227-7033 RIGHTS IN SHOP DRAWINGS

APR 1966

252-227-7034 RESERVED

252-227-7036 RESERVED

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA

JUN 2013

252.227-7038 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS)

JUN 2012

252.228-7001 GROUND AND FLIGHT RISK JUN 2010

252.229-7001 TAX RELIEF JUN 1997

252.229-7011 REPORTING OF FOREIGN TAXES – US ASSISTANCE PROGRAMS SEPT 2005

252.231-7000 SUPPLEMENTAL COST PRINCIPLES

DEC 1991

252.232-7002

PROGRESS PAYMENTS FOR FOREIGN MILITARY SALES ACQUISITIONS

DEC 1991

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

JUN 2012

252.232-7004 DoD PROGRESS PAYMENT RATES

OCT 2001

252.234-7002 EARNED VALUE MANAGEMENT SYSTEM MAY 2011

252.234-7004 COST AND SOFTWARE DATA REPORTING SYSTEM NOV 2014

252.235-7003 FREQUENCY AUTHORIZATION – BASIC MAR 2014 FCI 252.236-7013 REQUIREMENT FOR COMPETITION OPPORTUNITY FOR

AMERICAN STEEL PRODUCERS, FABRICATORS AND MANUFACTURERS

JAN 2009

FCI

252.237-7010

PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL

JUN 2013





Page 33 of 94

*FCI

REGULATORY CITE

TITLE

DATE

252.237-7019 TRAINING FOR CONTRACTOR PERSONNEL INTERACTING WITH

DETAINEES

SEP 2006

252.239-7016 TELECOMMUNICATIONS SECURITY EQUIPMENT, DEVICES, TECHNIQUES AND SERVICES

DEC 1991

252.239-7018 SUPPLY CHAIN RISK NOV 2013

252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM MAY 2011

252.243-7001 PRICING OF CONTRACT MODIFICATIONS

DEC 1991

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC 2012

FCI 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DoD CONTRACTS)

JUN 2013

252.245-7001 TAGGING, LABELING AND MARKING OF GOVERNMENT- FURNISHED PROPERTY

APR 2012

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY APR 2012

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT

MAR 2008

252.246-7001 WARRANTY OF DATA ALTERNATE I ALTERNATE II

MAR 2014 DEC 1991 DEC 1991

FCI 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES JUN 2013

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM

MAY 2014

252.247-7003 PASS-THROUGH OF MOTOR CARRIER FUEL SURCHARGE ADJUSTMENT TO THE COST BEARER

SEP 2010

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA

AUG 1992

FCI 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA ALTERNATE III

APR 2014 JUN 2013

FCI

252.247-7024

NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA

MAR 2000

252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING DOCUMENTATION/INSTRUCTIONS

JUN 2012

252.249-7002 NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION

OCT 2010





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Note: The following clauses are hereby flowed down to all subcontractors with subcontracts for the MTVR CLS Bridge Contract. Reference Contract Number M67004-11-D-0013. 252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERAITONS (DEVIATION 2012-O0005) (JAN 2012)

(a) The Contractor is required to exercise due diligence to ensure that none of the funds received under this contract are provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation.

(b) The Head of the Contracting Activity (HCA) has the authority to- (1) Terminated this contract for default, in whole or in part, if the HCA determines in

writing that the Contractor failed to exercise due diligence as required by paragraph (a) of this clause; or

(2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this contract have been provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation.

252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIAITON 2012-O0005) (JAN 2012)

(a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this contract are not-

(1) Subject to extortion or corruption; or (2) Provided, directly or indirectly, to persons or entities that are actively supporting

an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation.

(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this Contract that have an estimated value over $100,000.

Note: The following TACOM clauses are hereby flowed down to all subcontractors with subcontracts for the MATV Program. Reference Contract Number W56HZV-09-D-0111. AI 22.1 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS JUL/2008 (TACOM) (a) All contractors (contractors herein below includes subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or





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other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the persons liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons. (b) Contractors are also required to comply with the following provisions:

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

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

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

(4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee. Upon contractors written request, contracting officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the contracting officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area. (5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Governments Quality Assurance process.

(6) Contractors shall comply with international laws regarding transit/exit/entry procedures, and the requirements for work visas. Contractors shall follow all Host Country entry and exit requirements. Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that contracting officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports.

(c) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract. AI 25.4 QUARTERLY CONTRACTOR CENSUS REPORTING JUL/2008 (TACOM)





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The prime contractor will report upon contract award and then quarterly thereafter, not later than 1 January, 1 April, 1 July and 1 October, to [email protected] for Iraq and to [email protected] for Afghanistan the following information for the prime contract and all subcontracts under this contract: (1) The total number of contract employees performing on the contract who receive any support benefits, including but not limited to billeting, food, use of exchanges, laundry by host nation, US Nationals, and Third Country Nationals; (2) The total number of prime contract employees performing on the contract by host nation, US Nationals, and Third Country National; (3) The total number of subcontractor employees performing on the contract by subcontractor, host nation, US Nationals, and Third Country National; (4) The company names and contact information of its subcontractors at all tiers; and (5) The name of all company POCs who are responsible for entering and updating employee data in the Synchronized Pre-deployment & Operational Tracker (SPOT) IAW DFAR 252.225-7040 (JUN 2011) or DFAR DOD class deviation 2007-O0010. 52.211-4030 – BASIC APPLICATION AND TESTING REUQIREMENTS FOR CHEMICAL AGENT RESISTANT COATINGS (CARC) ON METALLIC SURFACES DECEMBER/2005 (TACOM) (a) Scope: The requirements contained herein apply whenever any CARC topcoats and primers as specified in MIL-DTL-53072 are cited in the contract.

(b) CARC Primers: Select Army Research Laboratories (ARL) approved powder coat primers can also be used as a replacement for liquid primers such as MIL-P-53022 and MIL-P-53030 primers. Any part that has rust, mill scale, or any other surface contamination must be cleaned prior to the application of any coating IAW TT-C-490.

(c) End-Item Inspection. After the complete paint finish has been applied and cured* (see note below), the Contractor shall test and inspect two units per lot for (i) workmanship, (ii) total paint film thickness, and (iii) paint adhesion. Unless otherwise agreed to between the Contractor and the Government quality assurance representative, a lot shall be defined as all units submitted for final Government acceptance at one time. The use of test panels in lieu of actual production units is prohibited.

At final inspection, the cumulative total paint film thickness of pretreatment, primer, and topcoat shall be the sum of the minimum and maximum thicknesses for individual elements of the paint finish as specified in MIL-DTL-53072. The specific number of test locations shall be agreed to by the Government quality assurance representative in advance. In addition, two locations on





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each sample unit shall be selected to conduct the scribe tape test. The test locations shall be routinely varied among the following:

(1) Directly adjacent to a weld. (2) On or directly adjacent to a machine cut or sheared edge. (3) On any mechanically formed surface when lubricants/drawing compounds were used. (4) On paint touch-up areas.

The precise location for each scribe tape shall be in an inconspicuous location that has been accepted by the Government quality assurance representative before the test is conducted. Upon completion of the scribe tape test, the scribe marks shall be feathered into the adjacent area and touched up with the required topcoat so that the tested area conforms to the requirements total DFT specified in MIL-DTL-53072. *NOTE: The complete paint finish is defined as the pretreatment, primer, and topcoat applied to the substrate. Curing of the complete paint finish is dependent upon temperature, humidity, and paint film thickness. The time necessary to achieve sufficient adhesion to pass the scribe tape test must be determined by each facility. For purposes of this test, curing at ambient temperature will take 24 days. To accelerate the curing for purposes of product acceptance, the following procedure may be followed: Cure at 190 to 210 degrees Fahrenheit for three hours (this is time at temperature and is therefore material thickness dependent), followed by 7 days at 65 degrees F minimum. (d) Test Methods:

(1) The gage shall be capable of being calibrated. If no other calibration specification or

requirement is identified elsewhere in this contract, then the gage shall be calibrated in accordance with ISO 10012.

(2) Scribe Tape Test. Shall be IAW ASTM D 3359 Method B, six (6) cut pattern.

(e) Acceptance Criteria:

(1) Film Thickness. All applicable surfaces shall have complete paint coverage. A minimum of 95% of the surfaces shall meet the minimum and maximum, cumulative dry film thickness requirements. Failure of this test shall result in rejection of the production lot that it represents.

(2) Scribe Tape Test (Adhesion). The removal of two or more complete squares of top

coat, or top coat-primer-pretreatment combination constitutes failure and the production lot is rejected. Removal of overspray does not constitute test failure.





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(f) CHEMICAL AGENT RESISTANT COATING (CARC) ON WOOD COMPONENTS.

(1) Wood shall be treated and painted IAW MIL-DTL-53072 section 3.3.4. After treatment, the wood shall provide a paintable surface as described by the paint-ability requirements of Spec TT-W-572, except that the wood species, treatment, and paint shall be the same as furnished for this contract.

(2) After demonstrating that the paint adhesion requirements are met, and Government

inspection/acceptance of this item has occurred, any subsequent flaking and peeling of paint from the wood shall not be considered a defect unless the Government establishes that the flaking and/or peeling of the paint was caused by defective workmanship in the application of the paint or the preparation of the painted surface.

52.246-4019 – VISUAL INSPECTION CRITERIA FOR WELMENTS DECEMBER/2005 (TACOM) (a) Application: Ground Combat Vehicle Welding Code - Steel, Drawing Number 12479550. For this procurement, this weld code supercedes the following welding codes: MIL-STD 248, MIL-STD-2219, and ANSI/AWS D1.1.

(b) Application: Ground Combat Vehicle Welding Code - Aluminum, Drawing Number 12472301. For this procurement, this weld code supercedes the following welding codes: MIL-STD-2219, DRAWING 12309000, and ANSI/AWS D1.2.

(c) To access the following weld codes, please see the TACOM Procurement Network at http://contracting.tacom.army.mil/engr/gcv_weldingcodes.htm

Ground Combat Vehicle Welding Code Steel, Drawing 12479550 Ground Combat Vehicle Welding Code Aluminum, Drawing 12472301

252.222-7999 ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES RESTRICTING THE USE OF FEB/2010 MANDATORY ARBITRATION AGREEMENTS (DEVIATION 2010-O0004) (a) Definitions. "Covered subcontract," as used in this clause, means any subcontract, except a subcontract for the acquisition of commercial items or commercially available off-the-shelf items, that is in excess of $l million and uses Fiscal Year 2010 funds. (b) The Contractor- (1) Agrees not to- (i) Enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to





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or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or (ii) Take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; and (2) Certifies, by signature of the contract, for contracts awarded after June 17, 2010, that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of any agreements, as described in paragraph (b)(1) of this clause, with respect to any employee or independent contractor performing work related to such subcontract. (c) The prohibitions of this clause do not apply with respect to a Contractor's or subcontractor's agreements with employees or independent contractors that may not be enforced in a court of the United States. (d) The Secretary of Defense may waive the applicability of the restrictions of paragraph (b) to the Contractor or a particular subcontractor for the purposes of the contract or a particular subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. This determination will be made public not less than 15 business days before the contract or subcontract addressed in the determination may be awarded. Note: The following TACOM clauses are hereby flowed down to all subcontractors with subcontracts for the FMTV Program. Reference Contract Number W56HZV-09-D-0159. 52.223-4000 ENVIRONMENTAL, SAFETY, AND ENERGY STANDARDS AND REGULATIONS SEP/1978 (TACOM) (a) The contract price includes Contractor compliance with all federal vehicle emission, fuel economy, safety, and noise requirements and standards, hereinafter referred to as requirements, affecting the supplies to be delivered under this contract which, as of the time of bid opening in the case of sealed bidding, or as of the time for receipt of Best and Final Offers (BAFOs) in the case of a negotiated solicitation, were in effect or scheduled to become effective during the term of this contract. (b) In the event any of these requirements are subsequently changed (i.e., altered, rescinded or postponed) and such changes have not been otherwise provided for prior to the award of this contract, and compliance is mandatory upon the Contractor, and such changes cause an increase or decrease in the cost of, or time required to perform the contract, Contractor compliance with these changes shall be subject to equitable adjustment.





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(c) If any of these requirements are changed as described above, but compliance is optional on the part of the Contractor, the Contractor shall promptly notify the Government in writing and the Procuring Contracting Officer (PCO) shall have the right to decide whether the supplies yet to be accepted and delivered to the Government shall incorporate the optional changes. After receipt of this written notice the PCO shall provide timely written advice to the Contractor of the Government's decision and, if applicable, the effective data of such change(s). If the PCO's election constitutes a change which causes an increase or decrease in the cost of, or time required to perform this contract, Contractor compliance therewith shall be subject to equitable adjustment. 52.237-4000 CONTRACTOR MANPOWER REPORTING (CMR) FEB/2007 (TACOM) The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://cmra.army.mil . The required information includes the following:

(1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data;

(5) Estimated direct labor hours (including sub-contractors);

(6) Estimated direct labor dollars paid this reporting period (including sub-contractors);

(7) Total payments (including sub-contractors);

(8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different);

(9) Estimated data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information);





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(11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

(12) Presence of deployment or contingency contract language; and

(13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country).

As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. AI 22.1 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS JUL/2008 (TACOM) (a) All contractors (contractors herein below includes subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the persons liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons. (b) Contractors are also required to comply with the following provisions:

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

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

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

(4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee. Upon contractors written request, contracting officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the





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contracting officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area. (5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Governments Quality Assurance process.

(6) Contractors shall comply with international laws regarding transit/exit/entry procedures, and the requirements for work visas. Contractors shall follow all Host Country entry and exit requirements. Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that contracting officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports.

(c) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract. AI 25.2 FITNESS FOR DUTY AND LIMITS ON MEDICAL/DENTAL CARE IN IRAQ AND AFGHANISTAN JAN/2009 (TACOM) (a) The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section, and redeployment of individuals determined to be unfit. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations. (b) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (ie. ARCENT, AFCENT, etc.) Surgeon: Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic helmet, body armor, and chemical/biological protective garments; conditions which prohibit required theater immunizations or medications; conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protectives and antidotes; diabetes mellitus, Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial infarction within one year prior to deployment, or within six months of coronary artery bypass graft, coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiologic control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months time, active orthodontic care, conditions requiring





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prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral maxillofacial surgery; new onset (< 1 year) seizure disorder, or seizure within one year prior to deployment; history of heat stroke; Menieres Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1year) of mood disorder, thought disorder, anxiety, somotoform, or dissociative disorder, or personality disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar disorders.(Reference: Mod 8 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, PPG-Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR). (c) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings. (d) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual. Routine dental care, examinations and cleanings are not authorized. (e) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medically-related services or transportation rendered. In accordance with OUSD(C) Memorandum dated 4 June 2008, the following reimbursement rates will be charged for services at all DoD deployed medical facilities. These rates are in effect until changed by DoD direction.

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

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

AI 25.4 QUARTERLY CONTRACTOR CENSUS REPORTING JUL/2008 (TACOM) The prime contractor will report upon contract award and then quarterly thereafter, not later than 1 January, 1 April, 1 July and 1 October, to [email protected] for Iraq and to [email protected] for Afghanistan the following information for the prime contract and all subcontracts under this contract:





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(1) The total number of contract employees performing on the contract who receive any support benefits, including but not limited to billeting, food, use of exchanges, laundry by host nation, US Nationals, and Third Country Nationals; (2) The total number of prime contract employees performing on the contract by host nation, US Nationals, and Third Country National; (3) The total number of subcontractor employees performing on the contract by subcontractor, host nation, US Nationals, and Third Country National; (4) The company names and contact information of its subcontractors at all tiers; and (5) The name of all company POCs who are responsible for entering and updating employee data in the Synchronized Pre-deployment & Operational Tracker (SPOT) IAW DFAR 252.225-7040 (JUN 2011) or DFAR DOD class deviation 2007-O0010. 52.211-4030 SPECIAL TESTING REQUIREMENTS FOR CHEMICAL AGENT RESISTANT COATINGS (CARC) ON METALLIC SURFACES DEC/2005 (TACOM) (a) Scope: The requirements contained herein apply whenever any CARC topcoats and primers as specified in MIL-DTL-53072 are cited in the contract.

(b) CARC Primers: Select Army Research Laboratories (ARL) approved powder coat primers can also be used as a replacement for liquid primers such as MIL-P-53022 and MIL-P-53030 primers. Any part that has rust, mill scale, or any other surface contamination must be cleaned prior to the application of any coating IAW TT-C-490.

(c) End-Item Inspection. After the complete paint finish has been applied and cured* (see note below), the Contractor shall test and inspect two units per lot for (i) workmanship, (ii) total paint film thickness, and (iii) paint adhesion. Unless otherwise agreed to between the Contractor and the Government quality assurance representative, a lot shall be defined as all units submitted for final Government acceptance at one time. The use of test panels in lieu of actual production units is prohibited.

At final inspection, the cumulative total paint film thickness of pretreatment, primer, and topcoat shall be the sum of the minimum and maximum thicknesses for individual elements of the paint finish as specified in MIL-DTL-53072. The specific number of test locations shall be agreed to by the Government quality assurance representative in advance. In addition, two locations on each sample unit shall be selected to conduct the scribe tape test. The test locations shall be routinely varied among the following:

(1) Directly adjacent to a weld.





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(2) On or directly adjacent to a machine cut or sheared edge. (3) On any mechanically formed surface when lubricants/drawing compounds were used. (4) On paint touch-up areas.

The precise location for each scribe tape shall be in an inconspicuous location that has been accepted by the Government quality assurance representative before the test is conducted. Upon completion of the scribe tape test, the scribe marks shall be feathered into the adjacent area and touched up with the required topcoat so that the tested area conforms to the requirements total DFT specified in MIL-DTL-53072. *NOTE: The complete paint finish is defined as the pretreatment, primer, and topcoat applied to the substrate. Curing of the complete paint finish is dependent upon temperature, humidity, and paint film thickness. The time necessary to achieve sufficient adhesion to pass the scribe tape test must be determined by each facility. For purposes of this test, curing at ambient temperature will take 24 days. To accelerate the curing for purposes of product acceptance, the following procedure may be followed: Cure at 190 to 210 degrees Fahrenheit for three hours (this is time at temperature and is therefore material thickness dependent), followed by 7 days at 65 degrees F minimum. (d) Test Methods:

(1) The gage shall be capable of being calibrated. If no other calibration specification or

requirement is identified elsewhere in this contract, then the gage shall be calibrated in accordance with ISO 10012.

(2) Scribe Tape Test. Shall be IAW ASTM D 3359 Method B, six (6) cut pattern.

(e) Acceptance Criteria:

(1) Film Thickness. All applicable surfaces shall have complete paint coverage. A minimum of 95% of the surfaces shall meet the minimum and maximum, cumulative dry film thickness requirements. Failure of this test shall result in rejection of the production lot that it represents.

(2) Scribe Tape Test (Adhesion). The removal of two or more complete squares of top

coat, or top coat-primer-pretreatment combination constitutes failure and the production lot is rejected. Removal of overspray does not constitute test failure. 52.242-4008 ROUTING OF SPECIAL PROCESS APPROVALS DEC/2005 (TACOM)





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(a) The Technical Data Package for this contract contains one or more of the following specifications:

MIL-DTL-16232 Phosphate Coating, Heavy, Manganese or Zinc Base

TT-C-490 Chemical Conversion Coatings and Pretreatment for Ferrous Surfaces (Base for Organic Coatings)

MIL-W-12332 Welding Resistance, Spot: Weldable Aluminum Alloys

MIL-W-45210 Welding Resistance, Spot: Weldable Aluminum Alloys

*Drawing 12479550 Ground Combat Vehicle Welding Code - Steel

*Drawing 12472301 Ground Combat Vehicle Welding Code - Aluminum

* If these drawings are not available with your procurement package, you are referred to the TACOM Procurement Network for access to the documents at the following website address: http://contracting.tacom.army.mil/engr/gcv_weldingcodes.htm

(b) The specifications listed in paragraph 1 may require you to get approval from the Government prior to production for one or more special processes involved in producing the item. The following shall apply, unless stated elsewhere in the contract:

(1) You shall prepare the written procedures as the specification requires.

(2) Procedures requiring Government approval shall be routed to the Administrative Contracting Officer (ACO) for review and approval. If the ACO is unable to perform a review, the ACO shall forward the procedure to the Procuring Contracting Officer (PCO) for assistance in the review and approval process. The correct address for the PCO is on the face page of this contract.

(3) You shall cite (i) the contract number and (ii) the governing specification or standard on all procedures you submit for approval.

(4) The DCMA will provide a copy of their approval/rejection notices to the PCO.

(5) DCMA is required to qualify the processes of the major coating subcontractors used by the prime contractors.

52.246-4023 STATISTICAL PROCESS CONTROL (SPC) FEB/1998 (TACOM)





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( a ) Definitions . Refer to ANSI-EI Standard 557, Statistical Process Control Systems, for a listing of terms and definitions used in this clause that are associated with statistical process control (SPC). (b) As the contractor, you will ensure the quality of the items furnished on this contract, whether produced at your facility or at a subcontractor's/vendor's facility, using SPC techniques that are based on statistically valid and established methods. A description of your SPC program must be submitted as part of your proposal in response to the solicitation (see Section L). Upon contract award, the SPC program described by the successful offeror becomes part of the contract. (c) The SPC program is intended to be dynamic. It may be changed when changes are of a constructive nature, and do not adversely affect the quality of the process, and product. The designated Government Quality Assurance Representative, (QAR), shall be allowed to review all proposed changes to your program prior to implementation. (d) As a minimum, your SPC program must address the following elements as they will apply throughout the life of the proposed contract.

(1) Identification of the specific statistical process control techniques that you will apply, for all processes that use SPC.

(2) Process capability (Cpk) studies for the processes being controlled. For variable data, the minimum Cpk for statistical control shall be 1.33. For attribute data, a minimum process average of 99.73% is required. For critical parameters/characteristics, the minimum Cpk shall be 2.0.

(3) Criteria for determining out-of-control conditions.

(4) Corrective actions to be taken if an out-of-control condition is detected.

(5) A description of the training program used to implement and support your SPC program.

(6) A plan for the performance of audits, and the methods for review and analysis of the audit results.

(7) Your system for the identification and selection of characteristics for the application of SPC. Candidate characteristics shall be composed of (i) critical and major product and performance characteristics identified in the Technical Data Package (TDP), and other contract documents, (ii) characteristics deemed vital or significant based on a formal process analysis, and

(iii) characteristics identified by performing Pareto Analysis on internal and external failures.





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(8) Description of each process to be controlled, showing the sequence of operation and inspections to be performed. This description can be in the form of a flow chart or written narrative.

(9) Method for verifying effectiveness of SPC at subcontractor's facilities.

(10) Application, and use of Pareto Analysis, i.e. (i) analyze the need for new process control projects projects, and (ii) ensure that established controls are achieving continuous improvement.

(e) You may request a reduction or elimination of contractually required lot sampling based on demonstrated effectiveness of your SPC program. To obtain our approval of such reduction, submit a request that refers to this clause. The request must include documentation, acceptable to the ACO, including process and inspection capability studies, control chart trends, and results of final inspections. Any reduction of inspection shall apply to the plant or supplier specified in the request, and shall be subject to audit by you, and by us. (f) We reserve the right to withdraw any approval for reduced inspections, if we (i) see any indication of loss of process control or deterioration in product quality, where (ii) an assignable cause cannot be readily identified, corrected and permanently resolved. Notification of such withdrawal will be in writing from the ACO-designated Government QAR, or the Administrative or Procuring Contracting Officer (ACO or PCO). (g) Your SPC program shall be subject to evaluation throughout the life of the contract by the ACO/QAR as part of your quality program. The evaluation will verify compliance to the requirements of your SPC program that forms a part of this contract, as described elsewhere in this contract, and as defined above in this clause. 52.211-4059 RADIOGRAPHIC INSPECTION MAR/2001 (TACOM) Radiographic inspection of production steel castings as required by applicable drawings and/or specifications shall be accomplished as follows:

(1) Operators and radiographic equipment shall be qualified in accordance with NAS 410, prior to radiography of production castings.

(2) The first casting shall be radiographed in all routine and random positions described on the position chart.

(3) Subsequent castings shall be radiographed in those areas that were defective in the immediately preceding castings, until compliance with the required standard has been





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obtained. Objective evidence shall be provided by the producer that corrective action has been taken to eliminate the deficiency.

(4) All rejectable areas may be repaired in accordance with an approved and qualified repair procedure (when required by applicable specification), and must meet the standard specified on applicable position chart. The producer retains the prerogative of repairing or scrapping defective material.

(5) After above requirements have been accomplished, normal sampling shall be applied.

(6) Normal sampling shall consist of radiographing one control casting selected by the Government Quality Assurance Representative, out of each thirty produced

(7) All routine and random positions shall be radiographed on each control casting except when the total exceeds the established number of radiographs that can be taken in a normal eight hour day. When the total number of positions to be radiographed on a control casting exceeds the maximum capability of facilities, random position shall be selected for radiography by the Government Quality Assurance Representative and rotated in such a manner that complete coverage is achieved within a cycle of five castings radiographed.

(8) The occurrence of a rejectable defect in any area on a casting shall require the radiographic inspection of each subsequently poured casting in that area until the defective condition is corrected.

(9) If the results of radiographic inspection on ten consecutive lots of material indicate that a satisfactory uniform product meeting the soundness requirements is being produced, the amount of radiographic testing may be reduced in accordance with a system established by the Contractor and approved by the Procuring Contracting Officer.

(10) The occurrence of a rejectable defect in any area on a casting shall require return to normal sampling and the radiographic inspection of each subsequently poured casting in that area until the defective condition is corrected.

52.242-4013 BALLISTIC TESTING - ALTERNATE ONE ALT I NOV/2005 (TACOM) (a) In addition to inspection requirements set forth in applicable drawings and/or specifications, the specification(s) indicated below shall apply to this contract: MIL-A-12560 Armor Plate, Steel, Wrought, Homogenous MIL-A-46100 Armor Plate, Steel, Wrought, High Hardness





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MIL-DTL-32262 Armor Plate, Aluminum Alloy, Unweldable Applique e9 6061 MIL-DTL-46177 (RHA) Armor, Steel Plate and Sheet, Wrought, Homogenous, (1/8 to less than \'bc Inch Thick) ATPD 2352 Revision N Purchase Description Transparent Armor LTAS Ballistic Specification V3.7 (b) The above specifications require Ballistic Testing unless specifically waived by drawing or other contractual document. Prior to production and during production, if required by specification, the quantity of test samples required by any of the above specifications shall be accompanied by test data required by individual specification. The test data shall include:

(1) Declared chemical analysis and chemical analysis results representing material for test (if required by specification).

(2) Mechanical Properties Test Results (if required by specification).

(3) Charpy Impact Test results representing material for test (if required by specification).

(4) Brinnel or Rockwell hardness test results representing material for test (if hardness values are required by specification).

(5) Radiographic Inspection Record to include data required by ASTM E1742 including marking and acceptance requirement. (If Radiographic Inspection is required by the specification.)

(6) Stress Corrosion Resistance Test results required by paragraph 3.4 of MIL-DTL-46063 and paragraph 3.5 of MIL-DTL-46027 (if required by the contract or specification).

(c) In addition to the requirements of paragraph (b), test plates related to qualification of weld procedure or weld repair procedure shall be accompanied by data to include information required by format of specification and shall also identify position of welding. (If Ballistic Qualification of Weld Procedure is required by specification). Unless otherwise specified by the applicable drawing/specification, or contractual clause, a minimum of one ballistic test specimen shall be prepared for each material thickness, joint design, configuration and weld procedure. (d) Items to be tested shall be marked to include all marking requirements of the individual specification. Further, Identify P/N(s) which the test item represents.





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(e) The Contractor may use its own form to supply required data specified in paragraphs (b) and (c) above. The data shall accompany test samples and shall be forwarded to the PCO. IMPORTANT: Contractor must obtain approval from PCO prior to shipping test samples to APG. ALSO, the contractor shall clearly mark the Developmental Test Command Project Number on the outside of the shipping container.* *The Developmental Test Command Project Number will be provided by the PCO after the supplier notifies the PCO of the approximate shipping date of the ballistic test samples. (f) One copy of the required data, (see paragraph (e)), not to include test samples, shall be forwarded to U.S. Army Tank Automotive and Armaments Command, ATTN: AMSRD-TAR-E/ Warren, MI 48397-5000. Data shall be verified for accuracy by Government Representatives (QAR) at the Contractor's facility. (g) In order for the Procuring Activity to obtain ballistic test funds in a timely manner, the contractor shall adhere to the following: At least 60 days prior to shipment of ballistic test samples, the Contractor shall furnish written notification to the U.S. Army Tank-automotive and Armaments Command, ATTN: AMSRD-TAR-E/ Warren, Michigan 48397-5000, with a copy furnished to the Administrative Contracting Officer advising of the approximate shipment date. This information shall include:

(1) Prime Contractor: (2) Prime Contract Number: (3) Material Specification: (4) Number of Test Samples: (5) Heat Numbers: (6) Sample Weight: (7) Sample Dimensions: (8) Steel/Aluminum/Composite Manufacturer (9) Part Number

(h) Live fire testing shall be scheduled upon receipt of the contractor test item(s). A summary report with findings will provided by the PCO within 30 days.

(1) Test Approval shall constitute authorization for the contractor to procure materials for production. Said approval shall apply until the next required sample as indicated in MIL-A-12560, MIL-A-46100, MIL-DTL-32262 and MIL-DTL-46177. The approval of each successive ballistic test shall be deemed to cover all subsequent production items up to, but not including, the next required ballistic test item.

(2) Notice of test disapproval shall be accompanied by identification of the special nature of the item failure(s). A failure to pass ballistic testing shall be deemed a failure of the contractor to make delivery within the meaning of the DEFAULT clause in section I of





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this contract. At its option, the Government may order the contractor to provide one or more additional sample items, with previous deficiencies corrected, for a follow-on ballistic test. All costs for such additional test items, to include costs of transportation to the test site, and all costs of retesting, shall be borne by the contractor, who shall not be entitled to any equitable adjustment on account of such costs. The contractor shall provide the quantity of additional sample items within the time period directed by the Government, and shall not be entitled to an equitable adjustment in price, or to an extension in delivery schedule, on account of any retesting occasioned by a failure to pass ballistic testing.

AI 25.3 COMPLIANCE WITH LAWS AND REGULATIONS JUL/2008 (a) The Contractor shall comply with, and shall ensure that its personnel and its subcontractors and subcontractor personnel at all tiers obey all U.S. and Host Nation laws, Federal or DoD regulations, and Central Command orders and directives applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps fragmentary orders, instructions and directives. (b) Contractor employees performing in the USCENTCOM Area of Operations are under the jurisdiction of the Uniform Code of Military Justice (UCMJ). Under the UCMJ, U.S. commanders may discipline contractor employees for criminal offenses. Contractors shall advise the Contracting Officer if they suspect an employee has committed an offense. Contractors shall not knowingly facilitate the departure of an employee suspected of a serious offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the senior U.S. commander in the country. 52.225-4006 CONTINUANCE OF PERFORMANCE DURING ANY STATE OF EMERGENCY IN THE REPUBLIC OF KOREA (ROK) (TACOM) AUG/2008 Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the publications tab on the US Forces Korea homepage http://www.usfk.mil (a) Definitions. As used in this clause U.S. ROK Status of Forces Agreement (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended.





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Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States Pacific Command. United States Forces Korea (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components. COMUSK means the commander of all U.S. forces present in Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC). USFK, Assistant Chief of Staff, Acquisition Management (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19). Responsible Officer (RO) means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK. (b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15237, APO AP 96205-5237. (c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination. (d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property or transferred on a reimbursable basis. (e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA. (f) The contractors direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.





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(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S. (h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements. Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19. (i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2. (j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements. (k) Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon: (1) Completion or termination of the contract. (2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces. (3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations. (l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.





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(m) Support. (1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist. (2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. (ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation. (iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract. (3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract. (n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable. (1) United States, host country, and third country national laws; (2) Treaties and international agreements; (3) United States regulations, directives, instructions, policies, and procedures; and (4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.e. off-limits), prostitution and human trafficking and curfew restrictions. (o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees/dependents must have either a Korean drivers license or a valid international drivers license to legally drive on Korean roads, and must have a USFK drivers license to legally drive on USFK installations. Contractor





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employees/dependents will first obtain a Korean drivers license or a valid international drivers license then obtain a USFK drivers license. (p) Evacuation. (1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel. (2) Non-combatant Evacuation Operations (NEO). (i) The contractor shall designate a representative to provide contractor personnel and dependents information to the servicing NEO warden as required by direction of the Responsible Officer. (ii) If contract period of performance in the Republic of Korea is greater than six months, non emergency essential contractor personnel and all IC/TR dependents shall participate in at least one USFK sponsored NEO exercise per year. (q) Next of kin notification and personnel recovery. (1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is missing, captured, or abducted. (2) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recovery actions in accordance with DOD Directive 2310.2, Personnel Recovery. (3) IC/TR personnel shall accomplish Personnel Recovery/Survival, Evasion, Resistance and Escape (PR/SERE) training in accordance with USFK Reg 525-40, Personnel Recovery Procedures and USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. (r) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing support in the theater of operations to U.S. Armed Forces will be handled in accordance with DOD Directive 1300.22, Mortuary Affairs Policy and Army Regulation 638-2, Care and Disposition of Remains and Disposition of Personal Effects. (s) USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause. 52.225-4005 INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS UNDER U.S.- REPUBLIC OF KOREA (ROK) STATUS OF FORCES AGREEMENT (SOFA) (TACOM) 2008





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Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the publications tab on the US Forces Korea homepage http://www.usfk.mil (a) Definitions. As used in this clause U.S. ROK Status of Forces Agreement (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended. Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States Pacific Command. United States Forces Korea (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components. Commander, United States Forces Korea (COMUSK) means the commander of all U.S. forces present in Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC). USFK, Assistant Chief of Staff, Acquisition Management (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19). Responsible Officer (RO) means A senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK. Theater of operations means an area defined by the combatant commander for the conduct or support of specified operations. Uniform Code of Military Justice means 10 U.S.C. Chapter 47. (b) General. (1) This clause applies when contractor personnel deploy with or otherwise provide support in the theater of operations (specifically, the Korean Theater of Operations) to U.S. military forces deployed/located outside the United States in





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(i) Contingency operations; (ii) Humanitarian or peacekeeping operations; or (iii) Other military operations or exercises designated by the Combatant Commander. (2) Contract performance in support of U.S. military forces may require work in dangerous or austere conditions. The Contractor accepts the risks associated with required contract performance in such operations. The contractor will require all its employees to acknowledge in writing that they understand the danger, stress, physical hardships and field living conditions that are possible if the employee deploys in support of military operations. (3) Contractor personnel are not combatants and shall not undertake any role that would jeopardize their status. Contractor personnel shall not use force or otherwise directly participate in acts likely to cause actual harm to enemy armed forces. (c) Support. (1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist. (2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. (ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation. (iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract. (3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract. (d) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable. (1) United States, host country, and third country national laws;





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(i) The Military Extraterritorial Jurisdiction Act may apply to contractor personnel if contractor personnel commit crimes outside the United States. (ii) Under the War Crimes Act, United States citizens (including contractor personnel) who commit war crimes may be subject to federal criminal jurisdiction. (iii) When Congress formally declares war, contractor personnel authorized to accompany the force may be subject to the Uniform Code of Military Justice. (2) Treaties and international agreements; (3) United States regulations, directives, instructions, policies, and procedures; and (4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.e. off-limits), prostitution and human trafficking and curfew restrictions. (e) Pre-deployment/departure requirements. The Contractor shall ensure that the following requirements are met prior to deploying/locating personnel in support of U.S. military forces in the Republic of Korea. Specific requirements for each category may be specified in the statement of work or elsewhere in the contract. (1) All required security and background checks are complete and acceptable. (2) All contractor personnel meet the minimum medical screening requirements and have received all required immunizations as specified in the contract. In the Republic of Korea, all contractor employees subject to this clause shall comply with the same DoD immunization requirements applicable to Emergency Essential DoD civilians INCLUDING ANTHRAX IMMUNIZATION. The Government will provide, at no cost to the Contractor, any Korean theater-specific immunizations and/or medications not available to the general public. (3) Contractor personnel have all necessary passports, visas, and other documents required to enter and exit a theater of operations and have a Geneva Conventions identification card from the deployment center or CONUS personnel office if, applicable. (4) Country and theater clearance is obtained for contractor personnel. Clearance requirements are in DOD Directive 4500.54, Official Temporary Duty Abroad, DOD 4500.54-G, DOD Foreign Clearance Guide, and USFK Reg 1-40, United States Forces Korea Travel Clearance Guide. Contractor personnel are considered non-DOD personnel traveling under DOD sponsorship. (f) Processing and departure points. Deployed contractor personnel shall





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(1) Under contingency conditions or under other conditions as specified by the Contracting Officer, process through the deployment center designated in the contract, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of contractor personnel and to ensure that all deployment requirements are met; (2) Use the point of departure and transportation mode directed by the Contracting Officer; and (3) If processing through a deployment center, process through a Joint Reception Center (JRC) upon arrival at the deployed location. The JRC will validate personnel accountability, ensure that specific theater of operations entrance requirements are met, and brief contractor personnel on theater-specific policies and procedures. (g) Personnel data list. (1) The Contractor shall establish and maintain with the designated Government official a current list of all contractor personnel that deploy with or otherwise provide support in the theater of operations to U.S. military forces as specified in paragraph (b)(1) of this clause. The Synchronized Predeployment and Operational Tracker (SPOT) is the designated automated system to use for this effort. This accountability requirement is separate and distinct from the personnel accountability requirement listed in the U.SROK SOFAs Invited Contractor/Technical Representative Program (as promulgated in USFK Regulation 700-19). (2) The Contractor shall ensure that all employees on the list have a current DD Form 93, Record of Emergency Data Card, on file with both the Contractor and the designated Government official. (h) Contractor personnel. (1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this clause. Contractors shall replace designated personnel within 72 hours, or at the Contracting Officers direction. Such action may be taken at the Governments discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause. (2) The Contractor shall have a plan on file showing how the Contractor would replace employees who are unavailable for deployment or who need to be replaced during deployment. The Contractor shall keep this plan current and shall provide a copy to the Contracting Officer and USFK Sponsoring Agency (see USFK Reg 700-19) upon request. The plan shall (i) Identify all personnel who are subject to U.S. or Republic of Korea military mobilization;





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(ii) Identify any exemptions thereto; (iii) Detail how the position would be filled if the individual were mobilized; and (iv) Identify all personnel who occupy a position that the Contracting Officer has designated as mission essential. (i) Military clothing and protective equipment. (1) Contractor personnel supporting a force deployed outside the United States as specified in paragraph (b)(1) of this clause are prohibited from wearing military clothing unless specifically authorized in writing by the COMUSK. If authorized to wear military clothing, contractor personnel must wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures and the Geneva Conventions. (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 clothing. (3) The deployment center, the Combatant Commander, or the Sponsoring Agency shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of contractor personnel. (4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer. (j) Weapons. (1) If the Contractor requests that its personnel performing in the theater of operations be authorized to carry weapons, the request shall be made through the Contracting Officer to the COMUSK. The COMUSK will determine whether to authorize in-theater contractor personnel to carry weapons and what weapons will be allowed. (2) The Contractor shall ensure that its personnel who are authorized to carry weapons (i) Are adequately trained; (ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and (iii) Adhere to all guidance and orders issued by the COMUSK regarding possession, use, safety, and accountability of weapons and ammunition.





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(iv) The use of deadly force by persons subject to this clause shall be made only in self-defense, except: (v) Persons subject to this clause who primarily provide private security are authorized to use deadly force only as defined in the terms and conditions of this contract in accordance with USFK regulations and policies (especially, USFK Regulation 190-50). (vi) Liability for the use of any weapon by persons subject to this clause is solely the responsibility of the individual person and the contractor. (3) Upon redeployment or revocation by the COMUSK of the Contractors authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer. (k) Evacuation. (1) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract. (l) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. (m) USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause. (n) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph shall be subject to the provisions of the Changes clause of this contract. (o) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph, in all subcontracts that require subcontractor personnel to be available to deploy with or otherwise provide support in the theater of operations to U.S. military forces deployed/stationed outside the United States in (1) Contingency operations; (2) Humanitarian or peacekeeping operations; or (3) Other military operations or exercises designated by the Combatant Commander.





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(p) The Contracting Officer will discern any additional GFE, GFP or logistical support necessary to facilitate the performance of the enhanced requirement or necessary for the protection of contractor personnel. These items will be furnished to the Contractor at the sole discretion of the Contracting Officer and may be provided only on a reimbursable basis. 52.247-4016 HEAT TREATMENT AND MARKING OF WOOD PACKAGING MATERIALS, AUG/2005 (TACOM) Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat-treated. All non-manufactured wood used in packaging shall be heat treated to a core temperature of 56 degrees Celsius for a minimum of 30 minutes. The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall be affiliated with an inspection agency accredited by the board of review of the American Lumber Standard Committee. The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure traceability to the original source of heat treatment. Marking. Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention Standard. The quality mark shall be placed on both ends of the outer packaging, between the end cleats or end battens; on two sides of the pallet. Foreign manufacturers shall have the heat treatment of non-manufactured wood products verified in accordance with their National Plant Protection Organization's compliance program. In addition, wood used as dunnage for blocking and bracing shall be ordered with ALSC certified marking for dunnage or the markings may be applied locally at two foot intervals.

52.237-4000 CONTRACTOR MANPOWER REPORTING (CMR), FEB/2007 (TACOM) The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://cmra.army.mil . The required information includes the following:

(1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period;





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(4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information);

(11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

(12) Presence of deployment or contingency contract language; and

(13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country).

As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year.

52.216-4021 REQUIREMENTS DEFINITION, JUN/2005 (TACOM) “Supplies” as used in FAR 52.216-21, entitled Requirements, is hereby defined as new supplies. It does not include rebuilt or remanufactured items. Note: The following clauses are hereby flowed down to all subcontractors with subcontracts for the M-ATV STS Program. Reference Contract Number W56HZV-13-C-0180.





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952.225-0003 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS (AFGHANISTAN) FEB/2013 (a) The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section, and redeployment of individuals determined to be unfit. Contractor personnel who deploy or multiple tours, for more than 12 months total must be re-evaluated for fitness to deploy. An examination will remain valid for 15months from the date of the physical. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance location. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations. (b) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (i.e. ARCENT, AFCENT, etc.) Surgeon: Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic helmet, body armor, and chemical/biological protective garments; conditions which prohibit required theater immunizations or medications; conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protectives and antidotes; diabetes mellitus, Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial infarction within one year prior to deployment, or within six months of coronary artery bypass graft, coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40%); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiological control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months time, active orthodontic care, conditions requiring prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral-maxillofacial surgery; new onset (< 1 year) seizure disorder, or seizure within one year prior to deployment; history of heat stroke; Menieres Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1 year) of mood disorder, thought disorder, anxiety, somatoform, or dissociative disorder, or personality disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar disorders. (Reference: Mod 11 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR). (c) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD Federal Acquisition Regulation Supplement (DFARS) PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement





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system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings. (d) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual. Routine dental care, examinations and cleanings are not authorized. (e) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medically-related services or transportation rendered. To view reimbursement rates that will be charged for services at all DoD deployed medical facilities please got to the following website: http://comptroller.defense.gov/rates/fy2012.html (change fiscal year as applicable). (End of Clause) 952.225-0004 COMPLIANCE WITH LAWS AND REGULATIONS DEC/2011 (a) The Contractor shall comply with, and shall ensure that its employees and its subcontractors and their employees, at all tiers, are aware of and obey all U.S. and Host Nation laws, Federal or DoD regulations, and US Central Command orders and directives as applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps or Chief of Mission operations and fragmentary orders, instructions, policies and directives. (b) Contractor employees shall particularly note all laws, regulations, policies, and orders restricting authority to carry firearms, rules for the use of force, and prohibiting sexual or aggravated assault.

(1) Afghanistan -- Contractor employees are subject to General Orders Number 1, as modified from time to time, including without limitation, their prohibition on privately owned firearms, alcohol, drugs, war souvenirs, pornography and photographing detainees, human casualties or military security measures. (2) Iraq -- Contractor employees are not subject to General Order 1. Contractor employees will follow the policies or directives of the Office of Security Cooperation-Iraq (OSC-I) Installation Managers or Chief of Mission policies and directives regarding consumption of alcohol or any prohibited items for sites that they are assigned.

(c) Contractor employees may be ordered removed from the US Embassy, Chief of Mission sites, OSC-I sites, secure military installations or the theater of operations by order of the Chief of Mission (Iraq) or senior military commander of the battle space (Afghanistan) for acts that disrupt good order and discipline or violate applicable laws, regulations, orders, instructions, policies, or directives. Contractors shall immediately comply with any such order to remove its contractor employee. (d) Contractor employees performing in Iraq or the USCENTCOM Area of Responsibility (AOR) may be subject to the jurisdiction of overlapping criminal codes, including, but not limited to, the Military Extraterritorial Jurisdiction Act (18 U.S.C. Sec. 3261, et al) (MEJA), the Uniform Code of Military Justice (10 U.S.C. Sec. 801, et al) (UCMJ), and the laws of the Host Nation. Non-US citizens may also be subject to the laws of their home country while performing in Iraq or the USCENTCOM AOR. Contractor employee status in these overlapping criminal





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jurisdictions may be modified from time to time by the United States, the Host Nation, or by applicable status of forces agreements. (e) Under MEJA, a person who engages in felony misconduct outside the United States while employed by or accompanying the Armed Forces is subject to arrest, removal and prosecution in United States federal courts. Under the UCMJ, a person serving with or accompanying the Armed Forces in the field during a declared war or contingency operation may be disciplined for a criminal offense, including by referral of charges to a General Court Martial. Contractor employees may be ordered into confinement or placed under conditions that restrict movement in Iraq or within the AOR or administratively attached to a military command pending resolution of a criminal investigation. (f) Contractors shall immediately notify the BDOC (Iraq) or military law enforcement (Afghanistan) and the Contracting Officer if they suspect an employee has committed an offense. Contractors shall take any and all reasonable and necessary measures to secure the presence of an employee suspected of a serious felony offense. Contractors shall not knowingly facilitate the departure of an employee suspected of a serious felony offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the Chief of Mission (Iraq) or the senior U.S. commander (Afghanistan). (End of clause) 952.222-0001 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS AUG/2011 (a) All contractors (contractors refers to both prime contractors and all subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the persons liberty to move or travel, in order to maintain the labor or services of that person. (b) Contractors are also required to comply with the following provisions:

(1) Contractors shall only hold employee passports and other identification documents discussed above for the shortest period of time reasonable for administrative processing purposes. (2) Contractors shall provide all employees with a signed copy of their employment contract, in English as well as the employees native language, that defines the terms of their employment/compensation. (3) Contractors shall not utilize unlicensed recruiting firms or firms that charge illegal recruiting fees. (4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee. Upon contractors written request, Contracting Officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the





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Contracting Officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area. (5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Governments Quality Assurance process. (6) Contractors shall comply with International and Host Nation laws regarding transit/exit/entry procedures and the requirements for visas and work permits.

(c) Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that Contracting Officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports. (d) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract. (End of clause) 952.225-0009 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR LOCALLY HIRED EMPLOYEES DEC/2011 (a) Contractors and subcontractors at any tier shall ensure and provide satisfactory evidence that all locally hired employees, including Local National (LN), Third Country National (TCN), and U.S. employees, working on bases have been screened for and do not currently have active tuberculosis (TB).

(1) Contractors may initially utilize a testing method of either a chest x-ray or TB skin test (TST), depending on the originating country of a contracted employee.

(i) Chest x-rays (CXR's), symptom survey, and Body Mass Index (BMI) shall be taken, and TSTs administered within 12 months prior to the start of deployment/employment. Contractors are required to bring in a physical copy of the pre-employment CXR film as it is the only way to verify interval changes should an active case of TB occur.

(A) Third Country Nationals (TCNs) and Local Nationals (LNs) cannot be screened with the TST. They need the pre-employment screening with a quality CXR, BMI and symptom survey. (B) Small-Risk Nationals (SRNs), those with less than 25 TB cases per 100,000 persons annually (mostly expats from Europe and US), can be screened via the TST.

(ii) Annual re-screening for TCNs, and LNs will be performed with a CXR conducted by the Contractors medical provider or local economy provider who will look for interval changes from prior CXRs and review any changes in the symptom survey. (iii) SRNs do not require annual TB re-screening. However, for a TB contact investigation, a TST or Interferon Gamma Release Assay (IGRA) is required. (iv) For a contact investigation, all personnel with a positive TST or IGRA will be evaluated for potential active TB with a symptom screen, exposure history, BMI,





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and CXR. All cases of suspected or confirmed active TB must be reported to the theater Preventive Medicine (PM) physician and/or TB Consultant as soon as possible. TB reporting is required within 24 hours to the PM POC. Contact tracing, and medical coding have specific requirements. All Small-Risk National (SRN) contract personnel are required to be MEDEVACd out of theater, at the contractors expense, for treatment of active TB, after consultation with the Theater PM or TB Consultant. For SRN personnel, the contractor is responsible for management and compliance with all prescribed public health actions. (v) Screening may be performed either by a licensed medical provider from the local economy or by the contractors licensed medical staffs. Contractors shall maintain medical screening documentation and make it available to the Contracting Officer upon request.

(2) TB screening and documentation is a requirement prior to receiving badges to work in the CENTCOM Area of Operations. A copy of the TB screening documentation shall be provided to the responsible Base Operations Center prior to issuance of base access badges.

(b) Contractor employees, including subcontractors at any tier, who work in food service positions and/or water and ice production facilities, shall have current Typhoid and Hepatitis A (full series) immunizations in accordance with the Centers for Disease Control and Prevention guidelines (e.g. typhoid vaccination booster is required every 2 years), in addition to the required TB tests. The contractor medical provider must complete a pre-placement examination to include a stool sample test for ova and parasites, and annual medical screening form or equivalent for food service, ice and water production workers. (c) Proof of individual employee vaccinations shall be provided to the Contracting Officer and COR showing that their employees and their subcontractor employees at any tier have received the above vaccinations. The contractor shall maintain their employees vaccination records for examination by the Contracting Officer. The contractor shall ensure that their subcontractors at any tier maintain their respective employees vaccination records for examination by the Contracting Officer. (d) The contractor is responsible for management and compliance with all prescribed public health actions regarding TB in the contracted personnel. The contractor also bears the responsibility of ensuring that adequate health management for TB (screening/diagnosis/treatment/isolation) is available at the contractors chosen health care provider for their contracted and subcontracted personnel.

NOTE: Contractors are reminded of the requirement to comply with their contract and all regulatory guidance (DoD Instructions/Regulations, Federal Acquisition Regulation as Supplemented, and FRAGOs) as applicable regarding Medical Screening and Vaccination Requirements. (End of Clause)





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952.225-0022 INBOUND/OUTBOUND CARGO AND CONTRACTOR EQUIPMENT CENSUS (AFGHANISTAN) APR/2012 a. Movement and coordination of inbound and outbound cargo in Afghanistan is critical to ensuring an effective drawdown. The contractor shall provide visibility of their inbound cargo and equipment via the Synchronized Pre-deployment Operational Tracker (SPOT) census for their contract. This requirement includes the prime's, and subcontractor's at all tiers, cargo and equipment. The contractor shall report any individual piece of equipment valued at $50,000 or more. Incoming cargo and equipment census data shall be input 30 days prior to start of performance or delivery of supplies and quarterly thereafter for inbound and outbound equipment. b. This reporting is required on Rolling Stock (RS), Non Rolling Stock (RNRS), and Twenty foot Equivalent Units (TEU). The following definitions apply to these equipment/cargo categories:

(1) Rolling Stock (RS): All equipment with wheels or tracks that is self-propelled, or is un-powered and can be towed by a vehicle on a roadway. Also includes standard trailer mounted equipment such as generators, water purification equipment, and other support equipment with permanent wheels. Specific examples of RS include Wheeled Armored Vehicles (WAVS), Mine-Resistant Ambush-Protected (MRAP) family of vehicles (FOVS), and Highly Mobile Multipurpose Wheeled Vehicles (HMMWVS). (2) Non Rolling Stock (RNRS): All equipment that is not classified as Rolling Stock. Includes equipment that is not trailer mounted or originally designed to be driven or towed over a roadway. (3) Twenty foot Equivalent Units (TEU): Standard unit for describing a ship's cargo capacity, or a shipping terminal's cargo handling capacity. One TEU represents the cargo capacity of a standard intermodal shipping container, 20 feet long, 8 feet wide, and 8.5 feet high. One TEU is equivalent to 4 QUADCONS and 3 TRICONS. One TEU has an internal volume of 1,166 cubic feet.

c. This data will be used by United States Forces-Afghanistan (USFOR-A) to assist in tracking the drawdown of Afghanistan. The contractor is responsible for movement of their own cargo and equipment. The data provided by contractors is for informational purposes only in order to plan and coordinate the drawdown effort. The Government assumes no responsibility for contractor demobilization except as stated in individual contract terms and conditions. (End of Clause) 952.225-0020 CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY (AFGHANISTAN) AUG/2011 (a) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the contractor accepts the risks associated with required contract performance in such operations.

(1) Unaccounted Personnel: It is the expectation of the USG that any contractor brought into Afghanistan for the sole purposes of performance of work on a USG contract must be accounted for at all times by their respective employers. Additionally, contractors who maintain living quarters on a USG base shall verify the location of each of its employees





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living quarters a minimum of once a month. If a DoD contracted employee becomes missing and evidence does not indicate foul play, a Personnel Recovery (PR) event is NOT automatically triggered. Such an event will be treated as an accountability battle drill by the employers chain of command or civilian equivalent. (2) Contractor Responsibilities: The contractor is responsible to take all necessary steps to locate and investigate the unaccounted for employee(s) whereabouts to the maximum extent practicable. To assist in this process, contractors may use the Contracting Fusion Cell as a resource to track or research employees last known location and/or to view LOAs. All missing personnel will be immediately reported to the installation division Personnel Recovery Officer (PRO), Mayors cell, Military Police Station and/or the Criminal Investigative Division, and the Base Defense Operations Center (BDOC). (3) Contractor Provided Information: If it is determined that a potential criminal act has occurred, the USD PRO (or USFOR-A Personnel Recovery Division (PRD) with prior coordination) will attempt to validate the missing persons identity through the employer. The contractor shall provide the information to PRD within 12 hours of request. The required information the contractor should keep on file includes but is not limited to: copy of the individuals Letter of Authorization generated by the Synchronized Pre-deployment and Operational Tracker System (SPOT), copy of passport and visas, housing information of where the individual resides such as room number and location, DD Form 93, Record of Emergency Data, copy of badging, and contact information for known friends or associates.

(b) If USFOR-A PRD determines through investigation that the unaccounted personnel have voluntarily left the installation either seeking employment with another contractor or other non-mission related reasons, PRD will notify the contractor. The contractor shall ensure that all government-related documents such as LOAs, visas, etc. are terminated/reconciled appropriately within 24 hours of notification by PRD in accordance with subparagraph (a)(8) of C-JTSCC Clause 952.225-0016 entitled Contractor Demobilization (Afghanistan). Contractors who fail to account for their personnel or whose employees create PR events will be held in breach of their contract and face all remedies available to the Contracting Officer. (End of Clause) 952.225-0016 CONTRACTOR DEMOBILIZATION -- AFGHANISTAN AUG/2011 (a) Full demobilization of contractors and subcontractor(s) in the Afghanistan Combined Joint Operations Area (CJOA) is critical to responsible drawdown. The prime contractor is required to submit a demobilization plan to the Contracting Officer a minimum of 120 days prior to the end of the contract performance period or when requested by the Contracting Officer. The demobilization plan shall address, as a minimum, the following procedures detailed below. The procedures outline specific guidance to ensure a timely and responsible exit from theater. Prime contractors are responsible and accountable to ensure their subcontractor(s) at all tiers comply with responsible and timely exit from theater immediately following contract performance completion or termination.

(1) Exit from Afghanistan: The prime contractor is responsible to remain cognizant of Afghan laws regarding exit from Afghanistan. Currently, all foreigners traveling out of Afghanistan airports via commercial air transportation must have exit visas. Department





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of Defense, U.S. Forces-Afghanistan, Letters of Authorization (LOAs), and/or Embassy Badges are not accepted means of exiting Afghanistan. All U.S. citizens and foreign national contractors exiting via commercial means must obtain an Afghanistan exit sticker before departing the country. The exit sticker may be obtained from Ministry of Interior (MOI) office. It is the prime contractors responsibility to ensure that the most recent exit procedures are followed and to ensure that subcontractor(s) at all tiers are in compliance with exit procedures. It is to the responsibility of the contractor to work with the Embassy of Afghanistan or Afghanistan MOI as required. (2) Letter of Authorization (LOA): The prime contractor is responsible for demobilizing its workforce, including subcontractor employees at all tiers, and all contractor owned and subcontractor owned equipment out of theater as part of the prime contractors exit strategy. This exit strategy must include reasonable timeframes starting with the end of the contract performance period and not exceeding 30 days. The Contracting Officer has the authority to extend selected LOAs up to, but not exceeding 30 calendar days after the contract completion date to allow the prime contractor to complete demobilization of its workforce and contractor owned equipment, as well as subcontractor(s) workforce and owned equipment, out of the Afghanistan CJOA. The prime contractor shall notify the Contracting Officer a minimum of 30 days prior to the end of the contract period to request up to a 30-day extension of selected LOAs beyond the contract completion date to complete demobilization. The request shall include at a minimum:

(i) the name of each individual requiring a new LOA; (ii) the number of days for the LOA (no more than 30 calendar days); and (iii) justification for the request (e.g., what function the individual(s) will be performing during the demobilization period). The Contracting Officer may request additional information for an LOA extension. Any LOA extension granted beyond the contract completion date shall not exceed 30 days and the contractor is not entitled to additional compensation for this period. If approved by the Contracting Officer, this is a no cost extension of an employees LOA due to demobilization and in no way is an extension of the contract performance period.

(3) Badging: The prime contractor is responsible to ensure all employee badges, including subcontractor employees at all tiers, are returned to the local Access Control Badging Office for de-activation and destruction. The prime contractor shall submit a Badge Termination Report to ensure each record is flagged and the badge is revoked. If a prime and/or subcontractor employees badge is not returned, the prime contractor shall submit a Lost, Stolen or Unrecovered Badge Report to the appropriate Access Control Badging Office. Contractor employees in possession of a Common Access Card (CAC) shall be responsible for turning in the CAC upon re-deployment through a CONUS Replacement Center in the U.S. Failure to return employee badges in a timely manner may result in delay of final payment. (4) Contractor Controlled Facility Space: If the prime contractor has entered into a Memorandum of Understanding with the Installation Mayor or Garrison for site space, buildings, facilities, and/or Containerized Housing Units (CHU) to house prime and/or subcontractor employees (at all tiers), the prime contractor is responsible to notify the Installation Mayor or Garrison Commander of intent to vacate at least 90 calendar days





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prior to the end of the contract performance period. All United States Government (USG) provided property in the prime contractors possession must be returned to the USG in satisfactory condition. The prime contractor is responsible and liable for any and all damages to USG property caused by prime and/or subcontractor employees, and shall be further liable for all cleanup, clearing, and/or environmental remediation expenses incurred by the USG in returning prime contractor and/or subcontractor facilities including surrounding site to a satisfactory condition, including expenses incurred in physically moving property, trash, and refuse from such premises, removing/ remediating hazardous wastes on the premises, and repairing structures, buildings, and facilities used by the prime contractor and/or subcontractor. The prime contractor shall provide notification to the Installation Mayor or Garrison Commander to perform an inspection of all facilities as soon as practicable, but no more than 30 days, after the end of the contract period. If damages are discovered, the prime contractor shall make the necessary repairs. The prime contractor shall notify the Installation Mayor or Garrison Commander for re-inspection of the facilities upon completion of the repairs. If the Installation Mayor or Garrison Commander inspects the property, site space, buildings, facilities, and/or CHUs and finds they have not been properly cleaned, cleared, and/or environmentally remediated, or if the prime contractor fails to repair any damages within 30 calendar days after the end of the contract performance period, the final contract payment shall be reduced by the amount of the specified damages/repairs or the expenses incurred by the USG to properly clean, clear, and/or environmentally remediate the premises. (5) Government Furnished Equipment/Materials: The prime contractor is responsible to return all USG furnished equipment, as defined in Federal Acquisition Regulation (FAR) Part 45, clauses 52.245-1, if included in the contract. Prime contractors who are not in compliance with the FAR, Defense Federal Acquisition Regulation Supplement, Department of Defense Directives and Instructions, policies, or procedures will be responsible and liable for damages to the government property. The prime contractor may apply for a relief of responsibility from the Contracting Officer anytime during the contract performance period. A joint inventory shall be conducted of the equipment by the prime contractor, USG representative, and the Contracting Officer or their representative, within 10 calendar days after the end of the contract performance period. The prime contractor shall report lost, damaged or destroyed property immediately to the Contracting Officer, but no later than the joint inventory at the end of the contract period. If the prime contractor fails to report lost, damaged or destroyed equipment or materials during the contract performance period, the prime contractor shall be responsible for the replacement and/or repair of the equipment or materials. The replaced equipment shall be new, of the same quality, and shall perform at the same functional level as the missing piece of equipment. If the prime contractor fails to repair and/or replace damaged or missing equipment, the final payment shall be reduced by the appropriate amount of the specified damages or cost to replace missing equipment with new. (6) Contractor Personal Property: The contractor is advised that all personal property left on the respective installation after the date of departure of said premises, shall be sold or otherwise disposed of in accordance with 10 U.S.C. \'a7 2575.





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(i) A request for the return of the property will be honored, if feasible, and if received before the expiration of the period of time allowed to vacate the installation. (ii) If abandoned property is left on the respective installation, contractual remedies may be enforced against the contractor, (See paragraph (b) of this clause for potential contractual remedies). Additionally, even if the contractor waives its interest to all abandoned personal property, the contractor may still be liable for all costs incurred by the USG to remove or dispose of the abandoned property. (iii) The contractor hereby authorizes the USG authority to dispose of any and all abandoned personal property in any manner the USG may deem suitable and hereby releases and discharges the USG and its agents from any and all claims and demands whatsoever that could otherwise be asserted because of the disposition of said abandoned personal property.

(7) Synchronized Predeployment Operational Tracker (SPOT): The prime contractor is responsible to close out the deployment of personnel, including subcontractor employees at all tiers, at the end of the contract completion period and to release the personnel from the prime contractors company in the SPOT database. The release of employee information must be accomplished no more than 30 calendar days after the end of the contract completion date. (8) Accountability of Prime and Subcontractor Personnel: Whether specifically written into the contract or not, it is the expectation of the USG that for any persons brought into the Afghanistan CJOA for the sole purposes of performing work on USG contracts, contract employers will return employees to their point of origin/home country once the contract is completed or their employment is terminated for any reason. If the prime contractor fails to re-deploy an employee, or subcontractor employee at any tier, the USG shall notify the applicable U.S. Embassy to take appropriate action. Failure by the prime contractor to re-deploy its personnel, including subcontractor personnel at any tier, at the end of the contract completion date, could result in the contractor being placed on the Excluded Parties List System (EPLS) and not be allowed to propose on future U.S. contracts anywhere in the world. (9) Personnel Recovery: Any DoD contractor with unaccounted for employees shall follow the instructions in the Contractor Accountability and Personnel Recovery Clause 952.225-20. The contractor may use the Contracting Fusion Cell as a resource to track or research employees last known location and/or to view LOAs.

(b) CENTCOM - Joint Theater Support Contracting Command (C-JTSCC) and external agencies will utilize all available contracting remedies to guarantee compliance with demobilization requirements. Such actions include, but are not limited to withholding payment, issuing a cure notice, issuing a negative Contractor Performance Assessment Reporting System (CPARS) evaluation, reduction of award fee, debarment, reimbursement of U.S. Government expenses, and/or any other legal remedy available to a contracting officer. The USG reserves the right to withhold payment from the prime contractor not in compliance with the above procedures included herein. Additionally, the Contracting Officer shall document all unresolved contractor compliance issues in





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CPARS, which shall have an adverse past performance affect on future contracts with the USG, anywhere in the world.

(End of Clause) 52.237-4000 CONTRACTOR MANPOWER REPORTING (CMR) FEB/2013 The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via secure data collection site. The contractor is required to completely fill in all required data fields in the format using the following web address: https://cmra.army.mil . The required information includes the following:

(1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative;

(2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Direct labor hours (including sub-contractors); (6) Direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country).

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at: https://cmra.army.mil. Note: The following clauses are hereby flowed down to all subcontractors with subcontracts for the LVSR Follow-On Program. Reference Contract Number M67854-13-D-0228. 952.225-0003 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS (AFGHANISTAN)





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FEB/2013 (a) The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section, and redeployment of individuals determined to be unfit. Contractor personnel who deploy or multiple tours, for more than 12 months total must be re-evaluated for fitness to deploy. An examination will remain valid for 15months from the date of the physical. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance location. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations. (b) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (i.e. ARCENT, AFCENT, etc.) Surgeon: Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic helmet, body armor, and chemical/biological protective garments; conditions which prohibit required theater immunizations or medications; conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protectives and antidotes; diabetes mellitus, Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial infarction within one year prior to deployment, or within six months of coronary artery bypass graft, coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40%); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiological control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months time, active orthodontic care, conditions requiring prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral-maxillofacial surgery; new onset (< 1 year) seizure disorder, or seizure within one year prior to deployment; history of heat stroke; Menieres Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1 year) of mood disorder, thought disorder, anxiety, somatoform, or dissociative disorder, or personality disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar disorders. (Reference: Mod 11 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR). (c) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD Federal Acquisition Regulation Supplement (DFARS) PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. Subject to availability at the time of need, a medical treatment facility may provide





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reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings. (d) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual. Routine dental care, examinations and cleanings are not authorized. (e) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medically-related services or transportation rendered. To view reimbursement rates that will be charged for services at all DoD deployed medical facilities please got to the following website: http://comptroller.defense.gov/rates/fy2012.html (change fiscal year as applicable). (End of Clause) 952.222-0001 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS AUG/2011 (a) All contractors (contractors refers to both prime contractors and all subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the persons liberty to move or travel, in order to maintain the labor or services of that person. (b) Contractors are also required to comply with the following provisions:

(1) Contractors shall only hold employee passports and other identification documents discussed above for the shortest period of time reasonable for administrative processing purposes. (2) Contractors shall provide all employees with a signed copy of their employment contract, in English as well as the employees native language, that defines the terms of their employment/compensation. (3) Contractors shall not utilize unlicensed recruiting firms or firms that charge illegal recruiting fees. (4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee. Upon contractors written request, Contracting Officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the Contracting Officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area. (5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Governments Quality Assurance process. (6) Contractors shall comply with International and Host Nation laws regarding transit/exit/entry procedures and the requirements for visas and work permits.

(c) Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions





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contained herein. Contractors are advised that Contracting Officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports. (d) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract. (End of clause) 952.225-0009 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR LOCALLY HIRED EMPLOYEES DEC/2011 (a) Contractors and subcontractors at any tier shall ensure and provide satisfactory evidence that all locally hired employees, including Local National (LN), Third Country National (TCN), and U.S. employees, working on bases have been screened for and do not currently have active tuberculosis (TB).

(1) Contractors may initially utilize a testing method of either a chest x-ray or TB skin test (TST), depending on the originating country of a contracted employee.

(i) Chest x-rays (CXR's), symptom survey, and Body Mass Index (BMI) shall be taken, and TSTs administered within 12 months prior to the start of deployment/employment. Contractors are required to bring in a physical copy of the pre-employment CXR film as it is the only way to verify interval changes should an active case of TB occur.

(A) Third Country Nationals (TCNs) and Local Nationals (LNs) cannot be screened with the TST. They need the pre-employment screening with a quality CXR, BMI and symptom survey. (B) Small-Risk Nationals (SRNs), those with less than 25 TB cases per 100,000 persons annually (mostly expats from Europe and US), can be screened via the TST.

(ii) Annual re-screening for TCNs, and LNs will be performed with a CXR conducted by the Contractors medical provider or local economy provider who will look for interval changes from prior CXRs and review any changes in the symptom survey. (iii) SRNs do not require annual TB re-screening. However, for a TB contact investigation, a TST or Interferon Gamma Release Assay (IGRA) is required. (iv) For a contact investigation, all personnel with a positive TST or IGRA will be evaluated for potential active TB with a symptom screen, exposure history, BMI, and CXR. All cases of suspected or confirmed active TB must be reported to the theater Preventive Medicine (PM) physician and/or TB Consultant as soon as possible. TB reporting is required within 24 hours to the PM POC. Contact tracing, and medical coding have specific requirements. All Small-Risk National (SRN) contract personnel are required to be MEDEVACd out of theater, at the contractors expense, for treatment of active TB, after consultation with the Theater PM or TB Consultant. For SRN personnel, the contractor is responsible for management and compliance with all prescribed public health actions.





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(v) Screening may be performed either by a licensed medical provider from the local economy or by the contractors licensed medical staffs. Contractors shall maintain medical screening documentation and make it available to the Contracting Officer upon request.

(2) TB screening and documentation is a requirement prior to receiving badges to work in the CENTCOM Area of Operations. A copy of the TB screening documentation shall be provided to the responsible Base Operations Center prior to issuance of base access badges.

(b) Contractor employees, including subcontractors at any tier, who work in food service positions and/or water and ice production facilities, shall have current Typhoid and Hepatitis A (full series) immunizations in accordance with the Centers for Disease Control and Prevention guidelines (e.g. typhoid vaccination booster is required every 2 years), in addition to the required TB tests. The contractor medical provider must complete a pre-placement examination to include a stool sample test for ova and parasites, and annual medical screening form or equivalent for food service, ice and water production workers. (c) Proof of individual employee vaccinations shall be provided to the Contracting Officer and COR showing that their employees and their subcontractor employees at any tier have received the above vaccinations. The contractor shall maintain their employees vaccination records for examination by the Contracting Officer. The contractor shall ensure that their subcontractors at any tier maintain their respective employees vaccination records for examination by the Contracting Officer. (d) The contractor is responsible for management and compliance with all prescribed public health actions regarding TB in the contracted personnel. The contractor also bears the responsibility of ensuring that adequate health management for TB (screening/diagnosis/treatment/isolation) is available at the contractors chosen health care provider for their contracted and subcontracted personnel.

NOTE: Contractors are reminded of the requirement to comply with their contract and all regulatory guidance (DoD Instructions/Regulations, Federal Acquisition Regulation as Supplemented, and FRAGOs) as applicable regarding Medical Screening and Vaccination Requirements. (End of Clause) 952.225-0004 COMPLIANCE WITH LAWS AND REGULATIONS DEC/2011 (a) The Contractor shall comply with, and shall ensure that its employees and its subcontractors and their employees, at all tiers, are aware of and obey all U.S. and Host Nation laws, Federal or DoD regulations, and US Central Command orders and directives as applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps or Chief of Mission operations and fragmentary orders, instructions, policies and directives.





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(b) Contractor employees shall particularly note all laws, regulations, policies, and orders restricting authority to carry firearms, rules for the use of force, and prohibiting sexual or aggravated assault.

(1) Afghanistan -- Contractor employees are subject to General Orders Number 1, as modified from time to time, including without limitation, their prohibition on privately owned firearms, alcohol, drugs, war souvenirs, pornography and photographing detainees, human casualties or military security measures. (2) Iraq -- Contractor employees are not subject to General Order 1. Contractor employees will follow the policies or directives of the Office of Security Cooperation-Iraq (OSC-I) Installation Managers or Chief of Mission policies and directives regarding consumption of alcohol or any prohibited items for sites that they are assigned.

(c) Contractor employees may be ordered removed from the US Embassy, Chief of Mission sites, OSC-I sites, secure military installations or the theater of operations by order of the Chief of Mission (Iraq) or senior military commander of the battle space (Afghanistan) for acts that disrupt good order and discipline or violate applicable laws, regulations, orders, instructions, policies, or directives. Contractors shall immediately comply with any such order to remove its contractor employee. (d) Contractor employees performing in Iraq or the USCENTCOM Area of Responsibility (AOR) may be subject to the jurisdiction of overlapping criminal codes, including, but not limited to, the Military Extraterritorial Jurisdiction Act (18 U.S.C. Sec. 3261, et al) (MEJA), the Uniform Code of Military Justice (10 U.S.C. Sec. 801, et al) (UCMJ), and the laws of the Host Nation. Non-US citizens may also be subject to the laws of their home country while performing in Iraq or the USCENTCOM AOR. Contractor employee status in these overlapping criminal jurisdictions may be modified from time to time by the United States, the Host Nation, or by applicable status of forces agreements. (e) Under MEJA, a person who engages in felony misconduct outside the United States while employed by or accompanying the Armed Forces is subject to arrest, removal and prosecution in United States federal courts. Under the UCMJ, a person serving with or accompanying the Armed Forces in the field during a declared war or contingency operation may be disciplined for a criminal offense, including by referral of charges to a General Court Martial. Contractor employees may be ordered into confinement or placed under conditions that restrict movement in Iraq or within the AOR or administratively attached to a military command pending resolution of a criminal investigation. (f) Contractors shall immediately notify the BDOC (Iraq) or military law enforcement (Afghanistan) and the Contracting Officer if they suspect an employee has committed an offense. Contractors shall take any and all reasonable and necessary measures to secure the presence of an employee suspected of a serious felony offense. Contractors shall not knowingly facilitate the departure of an employee suspected of a serious felony offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the Chief of Mission (Iraq) or the senior U.S. commander (Afghanistan). (End of clause) 952.225-0016 CONTRACTOR DEMOBILIZATION -- AFGHANISTAN AUG/2011





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(a) Full demobilization of contractors and subcontractor(s) in the Afghanistan Combined Joint Operations Area (CJOA) is critical to responsible drawdown. The prime contractor is required to submit a demobilization plan to the Contracting Officer a minimum of 120 days prior to the end of the contract performance period or when requested by the Contracting Officer. The demobilization plan shall address, as a minimum, the following procedures detailed below. The procedures outline specific guidance to ensure a timely and responsible exit from theater. Prime contractors are responsible and accountable to ensure their subcontractor(s) at all tiers comply with responsible and timely exit from theater immediately following contract performance completion or termination.

(1) Exit from Afghanistan: The prime contractor is responsible to remain cognizant of Afghan laws regarding exit from Afghanistan. Currently, all foreigners traveling out of Afghanistan airports via commercial air transportation must have exit visas. Department of Defense, U.S. Forces-Afghanistan, Letters of Authorization (LOAs), and/or Embassy Badges are not accepted means of exiting Afghanistan. All U.S. citizens and foreign national contractors exiting via commercial means must obtain an Afghanistan exit sticker before departing the country. The exit sticker may be obtained from Ministry of Interior (MOI) office. It is the prime contractors responsibility to ensure that the most recent exit procedures are followed and to ensure that subcontractor(s) at all tiers are in compliance with exit procedures. It is to the responsibility of the contractor to work with the Embassy of Afghanistan or Afghanistan MOI as required. (2) Letter of Authorization (LOA): The prime contractor is responsible for demobilizing its workforce, including subcontractor employees at all tiers, and all contractor owned and subcontractor owned equipment out of theater as part of the prime contractors exit strategy. This exit strategy must include reasonable timeframes starting with the end of the contract performance period and not exceeding 30 days. The Contracting Officer has the authority to extend selected LOAs up to, but not exceeding 30 calendar days after the contract completion date to allow the prime contractor to complete demobilization of its workforce and contractor owned equipment, as well as subcontractor(s) workforce and owned equipment, out of the Afghanistan CJOA. The prime contractor shall notify the Contracting Officer a minimum of 30 days prior to the end of the contract period to request up to a 30-day extension of selected LOAs beyond the contract completion date to complete demobilization. The request shall include at a minimum:

(i) the name of each individual requiring a new LOA; (ii) the number of days for the LOA (no more than 30 calendar days); and (iii) justification for the request (e.g., what function the individual(s) will be performing during the demobilization period). The Contracting Officer may request additional information for an LOA extension. Any LOA extension granted beyond the contract completion date shall not exceed 30 days and the contractor is not entitled to additional compensation for this period. If approved by the Contracting Officer, this is a no cost extension of an employees LOA due to demobilization and in no way is an extension of the contract performance period.

(3) Badging: The prime contractor is responsible to ensure all employee badges, including subcontractor employees at all tiers, are returned to the local Access Control Badging Office for de-activation and destruction. The prime contractor shall submit a





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Badge Termination Report to ensure each record is flagged and the badge is revoked. If a prime and/or subcontractor employees badge is not returned, the prime contractor shall submit a Lost, Stolen or Unrecovered Badge Report to the appropriate Access Control Badging Office. Contractor employees in possession of a Common Access Card (CAC) shall be responsible for turning in the CAC upon re-deployment through a CONUS Replacement Center in the U.S. Failure to return employee badges in a timely manner may result in delay of final payment. (4) Contractor Controlled Facility Space: If the prime contractor has entered into a Memorandum of Understanding with the Installation Mayor or Garrison for site space, buildings, facilities, and/or Containerized Housing Units (CHU) to house prime and/or subcontractor employees (at all tiers), the prime contractor is responsible to notify the Installation Mayor or Garrison Commander of intent to vacate at least 90 calendar days prior to the end of the contract performance period. All United States Government (USG) provided property in the prime contractors possession must be returned to the USG in satisfactory condition. The prime contractor is responsible and liable for any and all damages to USG property caused by prime and/or subcontractor employees, and shall be further liable for all cleanup, clearing, and/or environmental remediation expenses incurred by the USG in returning prime contractor and/or subcontractor facilities including surrounding site to a satisfactory condition, including expenses incurred in physically moving property, trash, and refuse from such premises, removing/ remediating hazardous wastes on the premises, and repairing structures, buildings, and facilities used by the prime contractor and/or subcontractor. The prime contractor shall provide notification to the Installation Mayor or Garrison Commander to perform an inspection of all facilities as soon as practicable, but no more than 30 days, after the end of the contract period. If damages are discovered, the prime contractor shall make the necessary repairs. The prime contractor shall notify the Installation Mayor or Garrison Commander for re-inspection of the facilities upon completion of the repairs. If the Installation Mayor or Garrison Commander inspects the property, site space, buildings, facilities, and/or CHUs and finds they have not been properly cleaned, cleared, and/or environmentally remediated, or if the prime contractor fails to repair any damages within 30 calendar days after the end of the contract performance period, the final contract payment shall be reduced by the amount of the specified damages/repairs or the expenses incurred by the USG to properly clean, clear, and/or environmentally remediate the premises. (5) Government Furnished Equipment/Materials: The prime contractor is responsible to return all USG furnished equipment, as defined in Federal Acquisition Regulation (FAR) Part 45, clauses 52.245-1, if included in the contract. Prime contractors who are not in compliance with the FAR, Defense Federal Acquisition Regulation Supplement, Department of Defense Directives and Instructions, policies, or procedures will be responsible and liable for damages to the government property. The prime contractor may apply for a relief of responsibility from the Contracting Officer anytime during the contract performance period. A joint inventory shall be conducted of the equipment by the prime contractor, USG representative, and the Contracting Officer or their representative, within 10 calendar days after the end of the contract performance period. The prime contractor shall report lost, damaged or destroyed property immediately to the





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Contracting Officer, but no later than the joint inventory at the end of the contract period. If the prime contractor fails to report lost, damaged or destroyed equipment or materials during the contract performance period, the prime contractor shall be responsible for the replacement and/or repair of the equipment or materials. The replaced equipment shall be new, of the same quality, and shall perform at the same functional level as the missing piece of equipment. If the prime contractor fails to repair and/or replace damaged or missing equipment, the final payment shall be reduced by the appropriate amount of the specified damages or cost to replace missing equipment with new. (6) Contractor Personal Property: The contractor is advised that all personal property left on the respective installation after the date of departure of said premises, shall be sold or otherwise disposed of in accordance with 10 U.S.C. \'a7 2575.

(i) A request for the return of the property will be honored, if feasible, and if received before the expiration of the period of time allowed to vacate the installation. (ii) If abandoned property is left on the respective installation, contractual remedies may be enforced against the contractor, (See paragraph (b) of this clause for potential contractual remedies). Additionally, even if the contractor waives its interest to all abandoned personal property, the contractor may still be liable for all costs incurred by the USG to remove or dispose of the abandoned property. (iii) The contractor hereby authorizes the USG authority to dispose of any and all abandoned personal property in any manner the USG may deem suitable and hereby releases and discharges the USG and its agents from any and all claims and demands whatsoever that could otherwise be asserted because of the disposition of said abandoned personal property.

(7) Synchronized Pre deployment Operational Tracker (SPOT): The prime contractor is responsible to close out the deployment of personnel, including subcontractor employees at all tiers, at the end of the contract completion period and to release the personnel from the prime contractors company in the SPOT database. The release of employee information must be accomplished no more than 30 calendar days after the end of the contract completion date. (8) Accountability of Prime and Subcontractor Personnel: Whether specifically written into the contract or not, it is the expectation of the USG that for any persons brought into the Afghanistan CJOA for the sole purposes of performing work on USG contracts, contract employers will return employees to their point of origin/home country once the contract is completed or their employment is terminated for any reason. If the prime contractor fails to re-deploy an employee, or subcontractor employee at any tier, the USG shall notify the applicable U.S. Embassy to take appropriate action. Failure by the prime contractor to re-deploy its personnel, including subcontractor personnel at any tier, at the end of the contract completion date, could result in the contractor being placed on the Excluded Parties List System (EPLS) and not be allowed to propose on future U.S. contracts anywhere in the world. (9) Personnel Recovery: Any DoD contractor with unaccounted for employees shall follow the instructions in the Contractor Accountability and Personnel Recovery Clause





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952.225-20. The contractor may use the Contracting Fusion Cell as a resource to track or research employees last known location and/or to view LOAs.

(b) CENTCOM - Joint Theater Support Contracting Command (C-JTSCC) and external agencies will utilize all available contracting remedies to guarantee compliance with demobilization requirements. Such actions include, but are not limited to withholding payment, issuing a cure notice, issuing a negative Contractor Performance Assessment Reporting System (CPARS) evaluation, reduction of award fee, debarment, reimbursement of U.S. Government expenses, and/or any other legal remedy available to a contracting officer. The USG reserves the right to withhold payment from the prime contractor not in compliance with the above procedures included herein. Additionally, the Contracting Officer shall document all unresolved contractor compliance issues in CPARS, which shall have an adverse past performance affect on future contracts with the USG, anywhere in the world.

Note: For the P19R contract, reference number M67854-13-D-0214 all flow down clauses are the same as identified under the LVSR Follow-On contract, reference number M67854-13-D-0228. For reference purposes only, they are: 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving Aug 2011 252.203-7004 Display of Fraud Hotline Poster(s) Dec 2012 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements Dec 2010 36. Executive Order 13201 Compliance

Executive Order 13201 – Notification of Employee Rights Concerning Payment of Union Dues - The supplier agrees to comply with the provisions of 29 CFR part 470.

37. Government Authorization to Supplier

To the extent authorized by the U.S. Government by a direct contract with Seller for the manufacture of products for direct sale to the U.S. Government, and to the extent that such use will not interfere with Seller's performance of this or other orders from Buyer in effect at the time Seller enters into such direct contract with the Government, and upon prior written notice to Buyer of such Government authorization and the contract number, the Seller shall have the right to use the Buyer's Property referenced in clause #10 found in Section A, Terms and Conditions, to the Purchase Order, which the Government owns or has the right to use or the right to authorize others to use.

38. Configuration Statement





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The item described on our drawing is the only configuration approved by Oshkosh. No changes shall be made to this part or sub-component, processes and/or manufacturing location without prior notification and approval from Oshkosh.

All requests for change shall include the reason for change and written assurance that the change will not affect fit, form or function, supported by testing and/or analysis.

Any costs incurred by Oshkosh Corporation for unauthorized changes will result in a debit to your account.

39. Export Controls

The Supplier acknowledges that the data/information/confidential information provided by Oshkosh Corporation is subject to the export control laws and regulations of the United States, including without limitation the Export Administration Regulations, 15 C.F.R. Parts 730 to 774; the International Traffic in Arms Regulations, 22 C.F.R. Parts 120 to 130; and the various sanctions regulations codified at 31 C.F.R. Chapter V and elsewhere. The Supplier hereby agrees that it will not export nor re-export the Confidential Information (including disclosure to foreign nationals located in the United States) except in compliance with all applicable U.S. export laws and regulations.

40. Import Controls The Supplier acknowledges that the goods provided to Oshkosh Corporation are subject to import control laws of the United States, including the International Traffic in Arms Regulations of 22 C.F.R. Parts 120 through 130 and the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations of 27 C.F.R. Part 447. Oshkosh Corp will hold supplier responsible for any liability or penalties imposed as a result of supplier's noncompliance with the import control laws and supplier agrees to indemnify Oshkosh Corp for any and all such liability or penalties. The Supplier hereby agrees that it will not ship goods to the United States except in compliance with U.S. import control laws and regulations.

41. Obligations to Comply with Environmental Regulations and Prohibited use of Hazardous Materials

The supplier shall manage the efforts described by this contract to ensure that all aspects of the contract execution, to include, but not limited to, the following supplier activities: design, manufacturing, testing, and storage activities, are in compliance with all applicable federal, state, provincial and municipal environmental laws, regulations, and requirements. The supplier shall notify the buyer within 72 hours if the Government gives any direction that could result in permit or other violations.





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The supplier shall not use asbestos, cadmium (used in electroplating processes), lead, mercury, hexavalent chromium (used in electroplating and coating processes), polychlorinated biphenyls, radioactive materials, or other highly toxic or carcinogenic materials without written buyer approval. The use of pretreatment or painting/coating products containing any lead or hexavalent chromium is strictly prohibited. Supplier hereby confirms that he understands its obligations under EU Directives 2002/96/EC on waste electrical and electronic equipment (WEEE) and 2002/95/EC on restriction on the use of certain hazardous substances in electrical and electronic equipment (ROHS). Supplier warrants that all substances included in the equipment and other parts to be supplied to buyer under this contract, and all activities associated with the design, manufacture, testing, and storage of said equipment and other parts will comply with the requirements of the WEEE and ROHS directives. Supplier hereby confirms that he understands its obligations under (EC) Regulation No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH). Supplier warrants that all substances included in the equipment and other parts to be supplied to buyer under this contract, and that may require registration and/or pre-registration under the REACH Regulation will be registered and/or pre-registered within the legal schedule, either by the supplier, through an only representative, or by its suppliers. Supplier shall indemnify and hold buyer and any of its customers buying or using the equipment harmless against and from all claims, demands, liabilities, losses, damages, costs and related legal fees, arising from a breach of the Supplier’s warranty pursuant to article 10.4.





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Note: The following Flowdown Clauses are hereby flowed down to all subcontractors with subcontracts for

the JLTV Program, reference Contract number W56HZV-15-C-0095.

52.209-4020 ANTI-TERRORISM (AT) LEVEL I TRAINING REQUIREMENT JUL/2014 (TACOM)

All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training within 60 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each contractor employee and subcontractor employee requiring access to Army installations, facilities, or controlled access areas to the COR (or to the contracting officer, if a COR is not assigned) within 60 calendar days after completion of training AT Level I awareness training is available at https:jkodirect.jten.mil Course# JS-UA007-14.

52.209-4022 iWATCH TRAINING JUL/ 2012 (TACOM)

The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Anti-Terrorism Officer (ATO)). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 60 calendar days of contract award and within 60 calendar days of new employees commencing performance, with the results reported to the COR no later than 60 calendar days after contract award. Training may be obtained at http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

(End of Clause) 52.209-4021 ANTI-TERRORISM (AT) AWARENESS TRAINING REQUIREMENT FOR

PERSONNEL TRAVELING OVERSEAS JUN/2012 (TACOM)

Contractor employees and associated subcontractor employees shall receive government-provided Anti-Terrorism (AT) awareness training specific to the area of responsibility (AOR) as directed by AR 525-13. Specific AOR training content is to be directed by the combatant commander, with the unit Anti-Terrorism Officer (ATO) being the local point of contact.

(End of Clause)

52.209-4024 INFORMATION ASSURANCE (IA)/INFORMATION TECHNOLOGY (IT) TRAINING A All contractor employees and associated subcontractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M, and AR 25-2 within six months of employment. Within 10 days of completing the training, the Contractor shall provide certificates/proof of completion to the Contracting Officers Representative (COR), if assigned to the contract, or the Procuring Contracting Officer (PCO).

(End of Clause)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated



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payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of Commercial items.

(End of Clause) 252.204-7010 Requirement for Contractor to Notify DoD if the Contractor’s Activities are Subject to Reporting Under the U.S.-International Atomic Energy Agency Additional Protocol. As prescribed in 204.470-3, use the following clause: REQUIREMENT FOR CONTRACTOR TO NOTIFY DOD IF THE CONTRACTOR’S ACTIVITIES ARE SUBJECT TO REPORTING UNDER THE U.S.-INTERNATIONAL ATOMIC ENERGY AGENCY ADDITIONAL PROTOCOL (JAN

2009)

(a) If the Contractor is required to report any of its activities in accordance with Department of Commerce regulations (15 CFR Part 781 et seq.) or Nuclear Regulatory Commission regulations (10 CFR Part 75) in order to implement the declarations required by the U.S.-International Atomic Energy Agency Additional Protocol (U.S.-IAEA AP), the Contractor shall—

(1) Immediately provide written notification to the following DoD Program Manager: [Contracting Officer to insert Program Manager’s name, mailing address, e-mail address, telephone number,

and facsimile number]; (2) Include in the notification—

(i) Where DoD contract activities or information are located relative to the activities or information to be declared to the Department of Commerce or the Nuclear Regulatory Commission; and (ii) If or when any current or former DoD contract activities and the activities to be declared to the Department of Commerce or the Nuclear Regulatory Commission have been or will be co-located or located near enough to one another to result in disclosure of the DoD activities during an IAEA inspection or visit; and

(3) Provide a copy of the notification to the Contracting Officer. (b) After receipt of a notification submitted in accordance with paragraph (a) of this clause, the DoD Program Manager will— (1) Conduct a security assessment to determine if and by what means access may be granted to the IAEA; or (2) Provide written justification to the component or agency treaty office for a national security exclusion, in accordance with DoD Instruction 2060.03, Application of the National Security Exclusion to the Agreements Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America. DoD will notify the Contractor if a national security exclusion is applied at the Contractor’s



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location to prohibit access by the IAEA. (c) If the DoD Program Manager determines that a security assessment is required—

(1) DoD will, at a minimum— (i) Notify the Contractor that DoD officials intend to conduct an assessment of vulnerabilities to

IAEA inspections or visits; (ii) Notify the Contractor of the time at which the assessment will be conducted, at least 30 days

prior to the assessment; (iii) Provide the Contractor with advance notice of the credentials of the DoD officials who will

conduct the assessment; and (iv) To the maximum extent practicable, conduct the assessment in a manner that does not impede

or delay operations at the Contractor’s facility; and (2) The Contractor shall provide access to the site and shall cooperate with DoD officials in the assessment

of vulnerabilities to IAEA inspections or visits. (d) Following a security assessment of the Contractor’s facility, DoD officials will notify the Contractor as to— (1) Whether the Contractor’s facility has any vulnerabilities where potentially declarable activities under the U.S.-IAEA AP are taking place; (2) Whether additional security measures are needed; and (3) Whether DoD will apply a national security exclusion. (e) If DoD applies a national security exclusion, the Contractor shall not grant access to IAEA inspectors. (f) If DoD does not apply a national security exclusion, the Contractor shall apply managed access to prevent disclosure of program activities, locations, or information in the U.S. declaration. (g) The Contractor shall not delay submission of any reports required by the Department of Commerce or the Nuclear Regulatory Commission while awaiting a DoD response to a notification provided in accordance with this clause. (h) The Contractor shall incorporate the substance of this clause, including this paragraph (h), in all subcontracts that are subject to the provisions of the U.S.-IAEA AP.

(End of clause) 252.204-7015 Disclosure of Information to Litigation Support Contractors. As prescribed in 204.7403(c), use the following clause:

DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS (FEB 2014) (a) Definitions. As used in this clause: “Litigation support” means administrative, technical, or professional services provided in support of the Government



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during or in anticipation of litigation. "Litigation support contractor" means a contractor (including an expert or technical consultant) providing litigation support under a contract with the Department of Defense that contains this clause. “Sensitive information” means confidential information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction. (b) Authorized disclosure. Notwithstanding any other provision of this solicitation or contract, the Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received-- (1) Within or in connection with a quotation or offer; or (2) In the performance of or in connection with a contract. (c) Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items.

(End of clause)

252.225-7033 Waiver of United Kingdom Levies. As prescribed in 225.1101(8), use the following clause:

WAIVER OF UNITED KINGDOM LEVIES (APR 2003) (a) The U.S. Government may attempt to obtain a waiver of any commercial exploitation levies included in the price of this contract, pursuant to the U.S./United Kingdom (U.K.) reciprocal waiver agreement of July 1987. If the U.K. grants a waiver of levies included in the price of this contract, the U.S. Government reserves the right to reduce the contract price by the amount of the levy waived plus associated indirect costs and profit or fee. (b) If the Contractor contemplates award of a subcontract exceeding $1 million to a U.K. firm, the Contractor shall provide the following information to the Contracting Officer before award of the subcontract: (1) Name of the U.K. firm. (2) Prime contract number. (3) Description of item to which the levy applies. (4) Quantity being acquired. (5) Amount of levy plus any associated indirect costs and profit or fee. (c) In the event of difficulty in identifying levies included in a price from a prospective subcontractor, the Contractor may seek advice through the Director of Procurement, United Kingdom Defence Procurement Office, British Embassy, 3100 Massachusetts Avenue NW, Washington, DC 20006. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in any subcontract for supplies where a lower-tier subcontract exceeding $1 million with a U.K. firm is anticipated.

(End of clause)



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252.225-7048 Export-Controlled Items. As prescribed in 225.7901-4, use the following clause:

EXPORT CONTROLLED ITEMS (JUNE 2013) (a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes: (1) “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, 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 the EAR, 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 accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. (c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items 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 applicable Federal 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.

(End of clause)

252.234-7004 Cost and Software Data Reporting System

Basic. As prescribed in 234.7101(b) and (b)(1), use the following clause:

COST AND SOFTWARE DATA REPORTING SYSTEM—BASIC (NOV 2014)

(a) In the performance of this contract, the Contractor shall use—

(1) A documented standard cost and software data reporting (CSDR) process that satisfies the guidelines contained in the DoD 5000.04–M–1, CSDR Manual;



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(2) Management procedures that provide for generation of timely and reliable information for the contractor cost data reports (CCDRs) and software resources data reports (SRDRs) required by the CCDR and SRDR data items of this contract; and

(3) The Government-approved CSDR plan for this contract, DD Form 2794, and the related Resource Distribution Table as the basis for reporting in accordance with the required CSDR data item descriptions (DIDs).

(b) The Contractor shall require CSDR reporting from subcontractors at any tier with a subcontract that exceeds $50 million. If, for subcontracts that exceed $50 million, the Contractor changes subcontractors or makes new subcontract awards, the Contractor shall notify the Government.

(End of clause)

252.235-7003 Frequency Authorization.

Basic. As prescribed in 235.072(b) and (b)(1), use the following clause:

FREQUENCY AUTHORIZATION—BASIC (MAR 2014)

(a) The Contractor shall obtain authorization for radio frequencies required in support of this contract.

(b) For any experimental, developmental, or operational equipment for which the appropriate frequency allocation has not been made, the Contractor shall provide the technical operating characteristics of the proposed electromagnetic radiating device to the Contracting Officer during the initial planning, experimental, or developmental phase of contract performance.

(c) The Contracting Officer shall furnish the procedures for obtaining radio frequency authorization.

(d) The Contractor shall include this clause, including this paragraph (d), in all subcontracts requiring the development, production, construction, testing, or operation of a device for which a radio frequency authorization is required.

(End of clause)

252.239-7018 Supply Chain Risk.

As prescribed in 239.7306(b), use the following clause:

SUPPLY CHAIN RISK (NOV 2013)

(a) Definitions. As used in this clause–

“Information technology” (see 40 U.S.C 11101(6)) means, in lieu of the definition at FAR 2.1, any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, analysis,







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evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency.

(1) For purposes of this definition, equipment is used by an agency if the equipment is used by the agency directly or is used by a contractor under a contract with the agency that requires—

(i) Its use; or

(ii) To a significant extent, its use in the performance of a service or the furnishing of a product.

(2) The term “information technology” includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

(3) The term “information technology” does not include any equipment acquired by a contractor incidental to a contract.

“Supply chain risk,” means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a national security system (as that term is defined at 44 U.S.C. 3542(b)) so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.

(b) The Contractor shall maintain controls in the provision of supplies and services to the Government to minimize supply chain risk.

(c) In order to manage supply chain risk, the Government may use the authorities provided by section 806 of Pub. L. 111-383. In exercising these authorities, the Government may consider information, public and non-public, including all-source intelligence, relating to a Contractor’s supply chain.

(d) If the Government exercises the authority provided in section 806 of Pub. L. 111-383 to limit disclosure of information, no action undertaken by the Government under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts involving the development or delivery of any information technology, whether acquired as a service or as a supply.

(End of clause)

Common Access Cards Automated Contractor Verification System Contractor Verification System The Government will establish a Contractor Verification System (CVS) application account for each CAC request and provide each Contractor and Subcontractor employee a USER I.D. and Password via email.

CVS Access The Contractors and subcontractors employees shall access the CVS account and complete the CAC application.





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Request Status The Government will inform the Contractors and subcontractors employee via email the status of the CAC request. The status will be one of the following: (1) Approved; Contractor shall proceed to nearest Real-Time Automated Personnel Identification System (RAPID) Defense Enrollment and Eligibility Reporting System (DEERS) location to obtain CAC. (2) Returned; additional information or correction to application required by Contractor employee. (3) Rejected; Government in separate correspondence will provide reason(s) for rejection.

Manufacturing Readiness Assessment Review The Contractor shall conduct a Manufacturing Readiness Assessment (MRA) review at or near the Contractor manufacturing facility 60 days prior to fourth option period in support of the Full Rate Production (FRP) decision. The Contractor shall use the Department of Defense (DoD) Manufacturing Readiness Level (MRL) Deskbook as a guide for the MRA event. The MRA shall cover all parts of the JLTV FOV provided by the Contractor and their Subcontractors. The Contractor shall evaluate its manufacturing readiness in preparation for the FRP decision with the Manufacturing Readiness Level (MRL) 9 thread criteria identified in the MRL Criteria Matrix (latest version) at the following link: http://dodmrl.com/. The Contractor shall evaluate each thread and sub-thread in the MRL Criteria Matrix (latest version) and shall provide sufficient and objective evidence for all criteria in each thread and sub-thread to substantiate a MRL 9 rating. If the Contractor is rated lower than a MRL 9 for any of the criteria in the MRL Criteria Matrix, the Contractor shall provide its plan to reach MRL 9 prior to the award of the fourth (4) option period. For planning purposes, the MRA is anticipated to be a four day event."



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