Attachment 0038 PWS 16 Transition.pdf

Attachment 0038 June 26, 2020

PWS 16 – CONTRACT TRANSITION

OBJECTIVE: To establish a Transition Plan for the Hawthorne Army Depot (HWAD). Upon award of the contract, the Contractor shall work with the Incumbent contractor as necessary to ensure a smooth transition of responsibility from the Incumbent to the Contractor. The Contractor shall support timely and effective transfer of depot management operations and maintenance responsibilities from the Incumbent to sufficiently ensure proper performance of the requirements of the new contract and its PWS requirements by the Contractor. This PWS also serves as a requirement for planning and execution of the transition out at the end of the period of performance.

1. GENERAL:

1.1. Unless otherwise negotiated with the incumbent and contractually executed by the Government, the terms and conditions of this PWS do not contractually relieve the incumbent of responsibility under Contract W52P1J- 11-D-0002 for HWAD in any way until the end of the contract period of performance.

1.2. The Contractor recognizes that the services provided under this contract are vital to the Government and must be continued without interruption or impact to contractual delivery schedules, and that:

1.2.1. Upon operational control, the Contractor shall continue to execute all contractually required services in accordance with contract and all associated performance work statements.

1.2.2. Upon contract expiration, a successor may continue them.

1.2.3. The Contractor agrees to exercise commercially reasonable efforts and cooperation to affect an orderly and efficient transition of the new contract, as further described in this PWS.

1.2.4. The Contractor agrees to exercise commercially reasonable efforts and cooperation to affect an orderly and efficient transition to a successor upon contract expiration, as further described in this PWS.

1.2.5. The contractor shall assume that all standard operating procedures, maintenance procedures, and safety plans or procedures must be reconstituted.

2. CONTRACT TRANSITION-IN:

2.1. Upon contract award, the Contractor shall implement the Transition-in Plan as provided in its proposal defining the activities and schedules

June 10, 2020 necessary to meet contract production delivery, services, and other deliverable requirements.

2.2. The incumbent is required to provide approximately 180 days transition out activities in conjunction with the transition in of the new contractor. The Government will include a Transition PWS in the incumbent’s contract requiring the incumbent to act in good faith during transition. If transition from the incumbent is involved, the Contractor shall negotiate in good faith with the incumbent, and the Government as required, to determine the nature and extent of phase-in, phase-out activities required. Unless otherwise approved by the PCO in advance, Transition-in activities shall be at the Contractor’s expense. Agreements between the Contractor and incumbent defining the work content, terms, and conditions, shall be separate and apart from this

PWS.

2.3. The Transition-in Plan provided with the proposal shall be reviewed, updated as necessary and submitted no later than 30 days after contract award (CDRL T001). The Transition-in Plan is subject to the PCO’s approval, and shall identify the specific work activities required and the dates by which such work must be accomplished specific work activities shall be and the dates by which such work must be accomplished. Any material changes to the Transition-in Plan (i.e., transition date) shall be resubmitted for PCO approval. The plan topics and related tasks should include, but not be limited to, the following:

Specify a personnel training program.

Provision of required on-site office space, communications, and utilities for Contractor transition offices.

Completion of Demil work plan should address how potentially different quality, TDP, and any other requirements of the two contracts will be accommodated.

Purchase of long lead time materials and other supplies.

Hiring plan addressing how incumbent personnel and personnel records will be approached, as permitted by law and regulation, to establish the workforce required to perform this contract. This is discussed further in paragraph 2.6 below.

Transfer/novation of licenses, permits, leases, and subcontracts; or support activities.

Information regarding in-process Government-funded work that may necessarily be transferred from the incumbent to the Contractor for completion.

Retention and/or transfer of records, including technical data previously acquired by the Government.

Transition of Standard Depot Operations, Demilitarization, facility maintenance, property, maintenance and property records and all support operations there services provided to the installation tenants including but not limited to NUWC and DLA as well as transition of support services provided to other ARMS tenants.

Collective Bargaining Agreement.

Identifying key personnel positions and how they will be phased-in for each of their respective areas.

Approach to ensure employees are properly trained, qualified, and licensed.

Approach to assuming accountability of GFP / GFE (includes joint inventory with incumbent contractor's).

Acquisition of Contractor Common Access Cards (CAC) (as required) and other facility access cards (as required).

Security clearance vetting (if applicable).

Timeline for submitting contract data requirements.

Approach to ensure open communication with incumbent contractor and the Government to include periodic (daily, weekly) after action reviews documenting progress.

Any other transition items required by the contract terms.

2.4. The Contractor shall participate in bi-weekly Contract Transition Integrated Process Teams (IPTs) with employees of the Government and the incumbent (if applicable). Maintain and share with the IPT status information showing transition-in tasks, progress on each task, and expected completion dates.

2.5. The Contractor shall provide sufficient experienced personnel during the transition period to ensure that the base support operations called for by these contracts are realized without interruption and without impact to contractual delivery schedules.

2.6. The Contractor may, with permission from the incumbent’s individual employees, conduct on-site interviews with employees, at times and locations reasonably convenient for the incumbent, the employees, and the Contractor.

If selected employees are agreeable to the change, the Contractor may hire them at dates mutually agreeable to the Contractor and individual employees.

Any transfer of earned fringe benefits (Paid Time Off (PTO) and pension) shall be negotiated by the Contractor, incumbent, and any applicable unions and shall comply with the law.

3. CONTRACT TRANSITION OUT: At contract completion, if Contractor is not selected by the Government for the successor contract(s), the Contractor shall:

3.1. Furnish phase-in, phase-out activities for an anticipated six (6) months.

The anticipated six (6) months shall be for the final anticipated 6 months of the Contractor’s period of performance, or such other date mutually agreed to in writing by the parties and approved by the PCO

3.2. Negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out activities required. Stated plan is subject to the PCO’s approval, and shall identify the specific work activities required of the Contractor to support the successor’s transition, and the dates by which such work must be accomplished. Transition Plan topics and related tasks may include items such as, but not limited to, the following:

Specify a personnel training program.

Provision of on-site office space, communications, and utilities for successor transition offices.

Completion of work-in-process SDO and/or Demil work. Plan should address how potentially different quality, and TDP requirements of the two contracts will be accommodated.

Purchase of long lead time materials and other supplies.

Access to personnel and personnel records whom have agreed in writing to allow access and transfer of their personnel records, as permitted by law and regulation, and by the terms of any applicable collective bargaining agreement, and as further discussed below.

Non-interference access to operating areas.

Transfer/novation of licenses, permits, leases, and subcontracts; or support activities.

Information regarding in-process Government-funded work that may necessarily be transferred to the successor for completion.

Retention and/or transfer of records, including technical data previously acquired by the Government.

Property accountability and property book transfer.

GFP / GFE joint inventory and handover.

Removal of contractor property.

Data and information transfer.

Deletion of password access to Government systems including Army Knowledge Online(AKO).

Installation clearance actions (including turn in of vehicle passes, Installation badges and Common Access.

Other actions required to ensure continuity of operations.

Clean-up of contractor work areas.

Security debriefings for incumbent personnel holding security clearances.

Account closure (involves the preparation of administrative documentation and archive of data to the Government).

Any other transition items required by the contract terms.

3.3. The Contractor shall participate in bi-weekly Transition IPTs with employees of the Government and the successor (if other than the Government). Maintain and share status information showing transition tasks, progress on each task, and expected completion dates.

3.4. Provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the activities called for by this contract are maintained at the required level of proficiency. The Government understands certain employees may choose to leave and the Contractor may choose to transfer certain employees.

3.5. The Contractor shall not conduct any mass purge or destruction of documents, especially during transition, and shall not purge or destroy any records and manuals necessary for operations and maintenance of the depot.

The Contractor may purge or destroy routine records in the normal course of their business operations during the course of the contract, and preceding Transition.

3.6. Negotiate in good faith with the successor and the Government (if not the Successor) for the timely and cost effective execution of work activities performed pursuant to this PWS and the associated Transition Plan. If the Successor is another Contractor, unless otherwise approved by the PCO in advance, the Contractor’s efforts in direct support of the follow on contract shall be at the Successor’s expense and the agreements between the Contractor and incumbent defining the work content, terms, and conditions, shall be separate and apart from this PWS.

3.7. Provide an update to all of the information in the Technical Library/Intellectual Property that was provided to the Contractor at the start of this contract. This includes, but is not limited to, any changes in the manufacturing process due to approved Engineering Change Proposals, upgrades in Government-owned equipment, and changes in inspection methods, equipment, or gaging.

3.8. Allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contactor shall disclose necessary personnel records, to the extent permitted by law and regulation and by the terms of any applicable collective bargaining agreement, and only as specified in, and if the conditions herein are met, and allow the successor to conduct on-site interviews with these employees, at times and locations reasonably convenient for the successor, the Contractor, and the Contractor's employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date. Any transfer of earned fringe benefits (PTO and pension) shall be negotiated by the Contractor, successor, and any applicable unions and shall comply with the law.