36C10X21Q0129 0001.docx

36C10X21R0037 | Racial Equity and Racial Justice Assessment Contract Opportunity Amendment to a Previous Combined Solicitation

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* = Required Field Contract Opportunity Amendment to a Previous Combined Solicitation Racial Equity and Racial Justice Assessment (VA-21-00020130) 21703 36C10X21Q0129 05-10-2021 10:00

EASTERN TIME, NEW YORK, USA

N

SBA

813319 Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703 Kevin Hurst kevin.hurst2@va.gov 240-215-0785

See Attachment for Revisions. Question due date added. References to 1449 removed.

Table of Contents

SECTION B – COMBINED SYNOPSIS DETAILS

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

Selena Robinson Phone:240-215-1675 Cell: 202-834-3411 Selena.Robinson@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

TUNGSTEN (fka OB10) ELECTRONIC INVOICE SUBMISSION FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Contracting POC: Kevin Hurst | kevin.hurst2@va.gov | 202-374-5568 COR (Contracting Officers Representative): Nicole Nash | nicole.nash@va.gov | (202) 867-5118 Contract/Task Order Number: TBD Purchase Order Number: TBD

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

· VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

· A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

· https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests

· http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily

5. LIMITATIONS ON SUBCONTRACTING- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records, or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

6. ACKNOWLEDGMENT OF AMENDMENTS:

The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

Base Period Period Performance: June 1, 2021 to May 31, 2022 (Anticipated)

B.3 PERFORMANCE WORK STATEMENT

Performance Work Statement Veterans’ Health Administration (VHA) Homeless Programs Office (HPO) Racial Equity and Racial Justice Assessment

1. BACKGROUND

In June 2020, following the continued spate of police violence against Black Americans, several HPO staff, as well as frontline VA medical center (VAMC) homeless programs social workers expressed a strong need and desire to confront the trauma and barriers such as inequitable access to housing and care, that systemic racism presented for Veterans and staff alike. In response, the VHA HPO established the Racial Equity and Racial Justice Workgroup. The vision of the workgroup is that the injustices and traumas caused by generations of structural racism no longer drive homelessness and housing disparities for Black, Indigenous, and Veterans of Color and that every Veteran, regardless of race or ethnicity, has a safe and stable place to call home. The mission of the workgroup is to transform VHA homeless programs into a racially equitable and just organization through the development and implementation of antiracist policies and practices at the national, regional, and local levels. This will be accomplished through continuous assessment and improvement of racial equity within the VHA HPO as the backbone of VA’s response to Veteran homelessness, supporting local homeless program providers when they encounter racial discrimination in the workplace, and increasing competency and capacity of those providers to deliver patient care that is free of racism.

The initial implementation of this work is being address through three distinct areas: organizationally, staff-centric, and Veteran-centric. Developing a vision, mission, and aim statement to provide direction for positive change within HPO by ensuring HPO is an organization that has a commitment of racial equity, every day, not just when there is unrest. Ending Veteran Homelessness nationwide is not possible without creating racially equitable systems. Creating racially equitable systems demands that systems not simply be diverse, but that they be explicitly anti-racist. Racial equity, racial justice, and anti-racism will be part of the HPO culture.

2. SCOPE OF WORK

Contractor shall assist HPO with assessing the current state of HPO and VHA homeless programs baseline effectiveness in providing racially equitable services to Veterans and identify opportunities to address disparities caused by systemic racism.

3. PERFORMANCE PERIOD

Base: June 1, 2021 – May 31, 2022 Work Hours Contractor shall provide services covered by this contract as defined herein. The following terms have the following meaning:

1. Contracted services shall be provided for during normal working hours (Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays) at intervals that are mutually agreeable to the Contractor, the Program Office and the prospective applicants.

2. Federal Holidays: The Federal Holidays observed by the Federal Government are:

When one (1) of the holidays fall on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday by U.S. Government Agencies. Also included would be any day specifically declared by the President of the United States of America as a Federal Holiday.

4. PLACE OF PERFORMANCE

Contractor Site

5. TYPE OF CONTRACT

Firm-Fixed Price

6. GOVERNMENT FURNISHED INFORMATION (GFI):

The GFI required in the performance of this PWS are email addresses of potential survey respondents that the COR will provide to the Contractor.

7. GOVERNMENT FURNISHED EQUIPMENT (GFE):

None

8. SPECIFIC TASKS AND DELIVERABLES

Any references to a quantity of days appearing in the Performance Work Statement (PWS) shall represent calendar days unless specified otherwise. All data obtained during the performance of these tasks are the ownership of HPO. The contractor shall perform the following:

Task 1: Project Management Contractor Project Management Plan (CPMP) The Contractor shall coordinate with the Contracting Officer’s Representative (COR) within five business days from date of award to schedule a Project Kick-Off Meeting with the VA Project Manager (PM) and project advisory group comprised of key stakeholders and subject matter experts (SMEs) to be identified by the VA PMs. During the kickoff meeting, there will be a discussion of the updates required associated with the CPMP.

The Updated CPMP shall include a tentative assignment of Contractor staff to the virtual orientation, survey, listening sessions, and focus groups along with a schedule for the initial virtual meetings and sessions with homeless program staff. An overview document that can be provided to Homeless Programs Office (HPO) staff, Veterans Integrated Service Network (VISN) Homeless Coordinators, and VA medical center (VAMC) homeless staff will need to be provided. This must include a summary of the contract, tasks and deliverables, how these staff may participate, and how any final materials will be shared.

Deliverables:

1.1 Updated Contractor Project Management Plan

1.2 Virtual Document Review, Orientation, Staff Survey, Staff Listening Sessions, and Focus Groups Plan

1.3 Virtual Schedule for all Deliverables

1.4 One Report of Assessment and Proposed Next Steps

Task 2: Virtual Policy Document Analysis The Contractor shall conduct a document review to identity opportunities in which racial equity and racial justice can be implemented through official HPO policy. This review will also identify instances where racism or disparate outcomes may intentionally or inadvertently emerge due to how policy was written. HPO documents included in this review will include, but are not limited to: current and pending/draft HPO organizational chart, current and pending/draft handbooks and directives, memoranda from the last three fiscal years (FYs), contract solicitations and executed contracts from the last three FYs, grant notices of funding availability from the last three FYs, the current HPO strategic plan and any FY updates, and racial demographics data of Veterans served by VHA homeless programs.

Deliverables:

2.1 Virtual document review

2.2 Summary of analysis

2.3 Proposed next steps to address any areas of improvement and growth noted in the analysis

Task 3: Virtual Orientation Session The Contractor shall conduct a virtual orientation session open to all HPO staff; VISN Network Homeless Coordinators (NHC); and field-level, homeless program-aligned staff (approximately 6,000 staff). This orientation session shall provide an overview of this assessment process; an introduction to concepts of diversity, equity, and inclusion and the intersection of racial inequity and homelessness; and invitations for participation in the staff survey and listening sessions.

This orientation shall be no longer than two hours in duration and will be conducted virtually using HPO’s existing approved teleconference means. At least 15 minutes shall be allotted for a question and answer period.

Deliverables:

3.1 Orientation Session Agenda, PowerPoint Slides, and Facilitators Notes

3.2 Handouts and Other Supporting Material (Including operational definitions for racist actions and racist behaviors)

3.3 Virtual Orientation Session

3.4 One After Action Report

Task 4: Electronic Staff Survey The Contractor shall conduct an electronic staff survey available to all HPO staff, NHCs, and field-level homeless program staff (approximately 6,000). The purpose of this survey, designated as optional for the survey respondents, is to gain insights as to staff competency, awareness, and perceptions on issues of race and race equity as it pertains to the delivery of services to homeless Veterans. The survey shall be administered no later than 30 days from the date of the orientation session.

Deliverables

4.1 Plan for Survey Marketing and Administration

4.2 List of Survey Questions

4.3 Email Notifications and Reminders to Recruit Respondents

4.4 Electronic Survey

4.5 After Action Report

Task 5: Virtual Staff Listening Sessions The Contractor shall conduct 20 staff listening session to obtain qualitative feedback regarding staff perceptions on the current state of race and racial equity issues as it pertains to the delivery of services to homeless Veterans and ideas for improvement. These sessions will be designated as optional for participants and will be broken out into the following cohorts: HPO-wide, NHC, field-level. Data gathered from the listening sessions will be used to inform focus group discussion found in Task 6.

Each listening session shall be no longer than two hours in duration and will be conducted virtually using HPO’s existing approved teleconference means. Contractor staff will be expected to be on camera during the sessions.

Deliverables:

5.1 Plan for 20 Listening Session Implementation

5.2 List of Discussion Prompts or Questions

5.3 Platform for Registration, Email Notifications, and Reminders to Recruit Respondents

5.4 HPO-wide Staff Listening Sessions (one session)

5.5 NHC-focused Listening Session (one session)

5.6 Field-level Staff Listening Sessions (18 sessions, broken out by VISN)

5.7 After Action Report with Summary of Responses and Data and Recommendations for Focus Groups.

Task 6: Virtual Focus Groups The Contractor shall conduct a minimum of three with no more than six focus groups to obtain in-depth qualitative feedback regarding staff perceptions on the current state of race and racial equity issues as it pertains to the delivery of services to homeless Veterans and ideas for improvement. These sessions will be designated as optional for participants and will consist of a mix of staff from the following cohorts: HPO-wide, NHC, field-level. Discussion topics for these groups should be informed by data gathered from the listening sessions. Staff participation will be through a nomination process by supervisors/program managers from each cohort level.

Each focus group shall be no longer than two hours in duration and will be conducted virtually using HPO’s existing approved teleconference means. Contractor staff will be expected to be on camera during the sessions.

Deliverables:

6.1 Plan for Focus Group Implementation

6.2 List of Discussion Prompts or Questions

6.3 Email Notifications and Reminders to Recruit Respondents

6.4 Virtual Focus Groups (minimum three with a maximum of six)

6.5 After Action Report with Summary of Responses and Data.

Task 7: Assessment Report The Contractor shall develop a final assessment report synthesizing data gathered from Tasks 2 through 6. This report shall include a summary of findings (including any data from the work done) and recommendations for next steps. All data belongs to HPO.

Deliverables:

7.1 Report of Assessment

7.2 Proposed Next Steps

9. DELIVERABLES

Note: Days used in the table below refer to business days unless otherwise stated. Deliverables with due dates falling on a weekend or holiday shall be submitted the following Government workday after the weekend or holiday.

If for any reason a deliverable cannot be delivered as scheduled, the Contractor is required to submit a written request for a time extension to the Contracting Officer (CO) and the COR. The request must include the reason(s) for the delay, the impact on the overall project, and the impact on the cost of the project. The CO, after consultation with the COR, will consider each request on the basis of its merits. The Contractor is required to proceed as originally scheduled until such modification (if required) is issued. The CO is the only official authorized to make changes to the contract.

The Contractor shall provide the specific deliverables described below within the performance period stated in this PWS. Where a written milestone deliverable is required in draft form, the VA Program Manager will complete a review of the draft deliverable and provide feedback within ten business days from date of receipt, unless otherwise specified. If feedback is not received within this window, the Contractor shall contact the COR to verify receipt of the draft deliverable and request this feedback in order to address concerns and prepare the final deliverable. The VA Program Manager will provide approval for each final deliverable, or rejection of the final deliverable with summary reasons, in writing within five business days. Following notification of Government rejection, the Contractor has five days to resubmit the revised deliverable.

a. Schedule of Deliverables All written deliverables and work products shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms. All deliverables, including reports, white papers, memos, and meeting notes; shall be within acceptable professional standards. All deliverables shall be well-written, have a proper layout, and be professional in quality. Deliverables pertaining to acquisitions shall be thoroughly researched utilizing documents from professional and trade journals when applicable.

All deliverables listed in the Schedule of Deliverables are draft deliverables and shall be submitted to and accepted by the COR for invoicing before completion of the final deliverable. The VA Project Manager (PM) or designated VA manager will concur with the content of the deliverable and notify the COR of concurrence prior to the COR accepting the deliverable for invoicing. Unless otherwise stated, the VA will complete its review of the first draft of a deliverable within seven business days from date of receipt. If the VA does not provide comments to the first draft within seven business days, then the deliverable will be accepted for invoicing.

Counting of business days starts on the business day following the due date; if a business day falls on a federal holiday as published on the Office of Personnel Management (OPM) website, then the following business day is used. The COR will track the dates of all deliverable submissions. The Contractor shall not invoice a deliverable until email confirmation from the COR accepting the deliverable has been provided.

If a deliverable listed in the Schedule of Deliverables is rejected by the VA PM or designated manager for quality issues, then the VA PM or designated manager must notify the COR of the reason(s) for rejection. Then the COR must state in writing to the Contractor the reason(s) for rejection.

(per deliverable) Delivery Date (per deliverable)

1.2 Virtual Document Review, Orientation, Staff Survey, Staff Listening Sessions, and Focus Groups Plan

1.3 Virtual Schedule for all Deliverables

1.4 One Report of Assessment and Proposed Next Steps

5 business days from contract start.

5 business days from contract start.

5 business days from contract start.

120 business days from contract start.

2.2 Summary of analysis

2.3 Proposed next steps

45 business days from contract start.

15 business days from completion of 2.1 5 business days from completion of 2.2

3.2 Handouts and Other Supporting Material

3.3 Virtual Orientation Session

3.4 One After Action Report

20 business days from contract start.

20 business days from contract start.

30 business days from contract start.

5 business days from completion of 3.3.

4.2 List of Survey Questions

4.3 Email Notifications and Reminders to Recruit Respondents

4.4 Electronic Survey

4.5 After Action Report

30 business days from contract start.

30 business days from contract start.

business days from contract start.

45 business days from contract start.

5 business days from completion of 4.2.

5.2 List of Discussion Prompts or Questions

5.3 Platform

5.4 HPO-wide Staff Listening Sessions

5.5 NHC-focused Listening Session

5.6 Field-level Staff Listening Sessions (broken out by VISN)

5.7 After Action Report with Recommendations for Focus Groups

30 business days from contract start.

35 business days from contract start.

30 business days from contract start.

80 business days from contract start.

5 business days from completion of 5.4-5.6.

6.2 List of Discussion Prompts or Questions

6.3 Email Notifications and Reminders to Recruit Respondents

6.4 Three - Six Virtual Focus Groups

6.5 After Action Report

3-6

3-6

10 business days from completion of 5.7.

15 business days from completion of 5.7.

15 business days from completion of 5.7.

15 business days from completion of 5.7.

25 business days from completion of 5.7 5 business days from completion of 6.5.

7.2 Proposed Next Steps

30 days from the completion of 6.4

10. PERFORMANCE REQUIREMENTS SURVEILLANCE

b. Method of Distribution of Deliverables The Contractor shall deliver documentation in electronic format, unless otherwise directed in Section B of the solicitation/contract. Acceptable electronic media include MS Word 2000/2003/2007/2010/365, MS Excel 2000/2003/2007/2010/365, MS PowerPoint 2000/2003/2007/2010/365, MS Project 2000/2003/2007/2010/365, MS Access 2000/2003/2007/2010/365, MS Visio 2000/2002/2003/2007/2010/365, AutoCAD 2002/2004/2007/2010/365, and Adobe Postscript Data Format (PDF).

File Packaging: Do not compress (zip) files. VA Network Security Operations Center (NSOC) has temporarily blocked email attachments with the “.zip” extension as a mitigation measure against the ongoing world-wide ransomware event impacting many organizations. During this time, .zip file extensions will be permanently stripped from email traffic and will not be recoverable. Due to VA email file size restrictions, the contractor is encouraged to logically separate deliverables into separate emails. If this is necessary, the contractor should attempt to contain complete deliverables within single email transmissions (and not split deliverables). The Contractor is encouraged to review and ensure that sufficient bandwidth is available on their end of the transmission.

11. TRAVEL

VA does not anticipate any required travel during this contract award due to the COVID-19 pandemic. All activities will be conducted virtually.

12. PERSONNEL

The Contractor shall assign to this contract personnel that by education and training (and, when required, certification or licensure) are qualified to provide the services as denoted in the PWS.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have qualifications that meet or exceed those of the persons being replaced. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Contractor is to have a contingency plan in place to be utilized if personnel leave Contractor’s employment or are unable to continue performance in accordance with the terms and conditions of the resulting contract.

a. Key Personnel Program Manager – Performs tasks requiring management encompassing multiple projects, with a total lifecycle budget and complexity comparable to the task order at hand. Tasks may include planning, initiating, managing, executing, and closing out small and large-scale programs in support of an agency’s mission.

Minimum of eight years of experience in program management or project management is required.

Subject Matter Expert I – Performs tasks requiring a recognized level of expertise in a specified subject area.

Minimum of ten years of experience in a related discipline is required.

Quality Management Specialist – Performs tasks related to promoting systems and techniques assuring the quality of products and services including the development of plans and programs for achieving and maintaining product and service quality throughout the product/service life cycle; monitoring operations to prevent the production of defects and to verify adherence to quality plans and requirements; and analysis and investigation of adverse quality trends or conditions and initiation of corrective action. Tasks may include employing quality management systems, tools, and techniques to help organizations transform.

Minimum of four years’ experience in quality management.

13. GENERAL EXPERIENCE REQUIREMENTS

Contractor personnel shall be fully qualified, possessing required certifications and skill sets, and has the level of experience necessary to support VHA homeless program mission and accomplish the requirements of this PWS.

a. Contractor Personnel Requirements Experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this contract and subsequent option years. These are defined as key personnel and are those persons whose resumes were submitted with the proposal. The Contractor agrees that such personnel shall not be removed, diverted, or replaced from work without written approval of the CO and COR.

Any personnel the Contractor offers as substitutes shall have the ability and qualifications equal to or better than the key personnel who are being replaced. Requests to substitute personnel will be approved by the COR and the CO. All requests for approval of substitutions in personnel shall be submitted to the COR and the CO within thirty (30) calendar days prior to making any change in key personnel. The request shall be written and provide a detailed explanation of the circumstances necessitating the proposed substitution. The Contractor shall submit a complete resume for the proposed substitute, any changes to the rate specified in the order (as applicable), and any other information requested by the CO needed to approve or disapprove the proposed substitution. The CO will evaluate such requests and notify the Contractor of approval or disapproval thereof in writing.

14. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

a. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the Contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the COR at the conclusion of the task order.

b. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. The Contractor shall release no information. Any request for information relating to this task order presented to the Contractor shall be submitted to the CO for response.

c. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

15. TASK ORDER QUALITY ASSURANACE SURVEILLANCE PLAN (QASP)

The Government will utilize a Quality Assurance Surveillance Plan (QASP) throughout the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may utilize the Performance Based Service Assessment Survey, or other methods to compare Contractor performance to the Acceptable Levels of Performance (ALPs). The Government reserves the right to alter or change the surveillance methods in the QASP at its own discretion. The table below defines the Performance Standards and Acceptable Quality Levels for this requirement.

Methods of Surveillance Various methods exist to monitor performance. The COR will use any or several of the surveillance methods listed below in the administration of this QASP.

· 100% Inspection (evaluates all outcomes) - Each month, the COR will review all of the Contractor's performance/generated documentation and document results accordingly. This assessment shall be placed in the COR's QA file.

· Random Sample - The COR will review a random sampling of the Contractor's performance/generated documentation and document your results accordingly. This assessment will be placed in the COR's QA file.

· Validated Customer Complaint or Validated Below Average ALP in a Specific Area - Each month, the COR will review the Contractor's performance/generated documentation corresponding to a validated customer complaint or validated inability to perform in accordance with the ALP in a specific area and document your results accordingly. This assessment will be placed in the COR's QA file.

Frequency of Measurement During task order performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed, and at a minimum will be twice a year.

Acceptable Performance Levels (APLs)

Standard Surveillance Method Outcome

b. Submits Deliverables in accordance with the deliverable schedule within (+/-) five business days with no more than five incidents of performance slippage.

c. Report of deliverables shall include remaining balance of an item. For example, 1 of 4 to show progression or count of that deliverable.

Documenting Performance Acceptable Performance: The Government will document acceptable performance in accordance with the chart above. Any report may become a part of the supporting documentation for any contractual action.

Unacceptable Performance: When unacceptable performance occurs, the COR will inform the CO. This will always be in writing although when circumstances necessitate immediate verbal communication, that communication will be followed in writing. The COR will document the discussion and place it in the COR file. When the CO determines formal written communication is required, the COR will prepare a Contract Discrepancy Report (CDR) and present it to the Contractor's program manager. The Contractor shall acknowledge receipt of the CDR in writing to the CO. The CDR will state how long after receipt the Contractor has to take corrective action. The CDR will also specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CO will review the Contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

********************* End of Performance Work Statement (PWS) ********************* Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in…