ID07190086 PWS dated 9.9.19.pdf

Solicitation # 47QFWA19K0091

PERFORMANCE WORK STATEMENT (PWS)

FOR

C-130H

Disassemble and Transport to Fort Detrick and Reassemble

PREPARED FOR

General Services Administration Greater Southwest Region

PREPARED BY

Air Education Training Command (AETC)

502d Trainer Development Squadron/Trainer Development (502d TDS/TD) JBSA-RANDOLPH, Texas

DATE

9 August 2019

1.0 General:

This is a non-personal services contract to provide the Disassembly, transport, and reassembly of a C-130H fuselage. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services Being Acquired

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the disassembly, transport, and reassembly of the C-130H as defined in this Performance Work

Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

The work identified in this requirement shall be performed in accordance with all sections of this contract and any resultant modifications thereto.

2.0 Background:

A C-130H, is currently located at the. Frederick Municipal Airport located in Frederick, MD.

The C-130H will aircraft will have to be relocated to Fort Detrick (B side) to be converted into an Aeromedical Test and Training Platform for Air Force Evaluation Support Activity (AFMESA). AFMESA provides rapid operational test support to enhance the capabilities of deployed and fixed facility medical personnel. This conversion will ultimately provide realistic aeromedical configuration, testing, and training.

3.0 Contract Structure

The Government intends to award Firm Fixed Price (FFP) contract with a period of performance of 120 days from the date of award.

The schedule and contract line item numbering for this requirement is as follows:

FIRM FIXED (FFP) PRICE LABOR – TOTAL SOLUTION

CLIN

Description

Total Estimated Cost

0001 FFP – (Disassembly/Transport/Reassembly)

$ TBD

4.0 Contracting Officer’s Representative (COR)

The CO may designate a Contracting Officer Representative (COR) to perform specific administrative or technical functions.

The specific rights and responsibilities of the COR will be described in writing, and will be provided to the Contractor. A COR has no actual, apparent, or implied authority to bind the

Government. CORs will be appointed in writing by the primary GSA contracting officer, and the

Contractor will receive a copy of the appointment letter(s).

5.0 Performance Requirements

The Contractor shall perform work in accordance with this section and provide all deliverables and reports in accordance with applicable task order requirements.

5.1 Scope

The scope of this effort includes:

• Prepare for relocation of one (1) C-130H Trainer Fuselage.

• Relocation of one (1) C-130H Trainer Fuselage.

• Reassembly of one (1) C-130H Trainer Fuselage.

5.2 Type of Services

This is a non-personal, commercial services contract. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor. This is a performance-based requirement; therefore, the Government is defining the required results, rather than dictating the processes which the Contractor shall use to achieve those results.

6.0 Objectives

6.1 Solicitation Objectives

The purpose of this PWS is to solicit a proposal, which shall result in a Firm Fixed Price (FFP) Performance Based contract for the preparation, and relocation of one (1) C-130H Trainer Fuselage.

6.2 Effort Objectives

The objectives of this effort are:

• Receive, under a performance-based, Firm Fixed Priced (FFP) arrangement, the delivery of a complete reassembled aircraft fuselage after the move from the previous location

• Logistics/Integration - Relocation of the C-130 Trainer Fuselage.

• Personnel – Personnel employed by the contractor in the performance of this effort shall have the proper skill mix, and experience to successfully perform the requirements of this contract.

• Organizational processes - Provide internal controls and management oversight to successfully perform this contract.

6.3 Tasks

The Contractor shall: 1) Disassemble as needed for transport, 2) Prepare C-130H Trainer fuselage for relocation, 3) Transport C-130H Trainer fuselage to its new location, 4) Reassemble C-130H Trainer fuselage, 5) Remove C-130H Air Force Save List items and return to Air Force supply system described in Table 1 and Sections 6.4 and6.5.

Table 1: Devices

QTY Description Locations

1 C-130H Trainer Fuselage, configured as described in Sections

C.6

Air Force Medical Evaluation Support Activity

(AFMESA)

1270 Montevue Lane (Area B)

Fort Detrick, MD 21702

6.4 Hardware

Specifications of the Government provided C-130 H Trainer fuselage sections to be moved are:

• C-130H Aircraft o Approximately 16’ wide x 94’ long x 13.5’ tall o Estimated fuselage weight – 100,000 pounds o Remove the wings, engines, and vertical stabilizer as necessary for transportation and reassemble at Fort Detrick

6.5 Description of Work:

• The Contractor shall remove and dispose of about 20,000 pounds of fuel.

• The Contractor shall remove all residual fuels, oils and hydraulic fluids and comply with all United States Air Force and Environmental Protection Agency regulations for disposal of fluids.

• The Contractor shall disassemble the aircraft as required to facilitate the transportation of the fuselage, wings, engines, and vertical stabilizer. The disassembly to take place at Frederick Municipal Airport.

• The Contractor shall provide all labor, material, tools, equipment, supervision, transportation, permits, cranes, and related materials necessary to execute this effort.

The final destination of aircraft may require preparation of the transportation route, such as the removal of roadway signs and other obstructions, and possible repositioning of overhead electrical/telephone lines. If re-positioning of overhead electrical/telephone lines are required, the effort must be coordinated with the appropriate agencies and contractors prior to moving the fuselage.

• The Contractor shall follow all safety requirements of the Frederick Municipal Airport.

• The Contractor shall be responsible for the removal, and/or replacement, and reinstallation of any removed fence section or component (per industry standard).

• The Contractor shall protect the work site from damage during the execution of this effort, and restore the site to the pre-work conditions (fence, site, and landscape) once the relocation of the fuselage is complete. The Contractor shall take photos to document pre and post work for comparison and acceptance.

• The Contractor will provide all necessary ground handling equipment to safely disassemble the aircraft to protect personnel and the aircraft.

• The Contractor shall provide all aircraft escorts required for land transportation and assistance in traffic control.

• The Contractor shall transport the fuselage and its corresponding loads on an approved date to minimize city and base traffic.

• The Contractor shall secure all transportation loads to prevent collateral damage in the event of a mishap.

• The Contractor shall consult with, and obtain approval from the Government Program Manager prior to any deviation, substitution, or change in the listed requirements. In the event the Contractor encounters problems that may prevent or delay the execution of this effort, the Contractor will immediately call the Government Program Manager.

• The Contractor shall transport the trainer from the Frederick Municipal Airport and place the C-130H trainer pre-poured aircraft footers.

• The Contractor shall tie down the aircraft to the provided Jersey Barriers at the nose, wings, and tail location

• The Contractor shall reassemble the C-130H trainer wings, engines, and vertical stabilizer to its original, non-flyable electrical, electronic, mechanical, functional, and operational configuration, ensuring dimensions and specifications.

• The Contractor will ensure OSHA standard safety practices are followed.

• The Contractor shall comply with all United States Air Force/Army, Local, and Environmental Protection Agency regulations for disposal of fluids.

• The Contractor shall ensure proper fixtures; jacks and other devices are employed to maintain safe weight and balance configurations during the teardown process.

• The Contractor shall ensure any remaining fuel tanks have been defueled, de-puddled, purged and vented.

• The Contractor shall test the internal atmosphere of any remaining fuel tanks to ensure the atmosphere is below explosive limits.

• The Contractor shall remove external preservation material, panels, and doors as necessary to gain access to disassembly and cut areas.

• The Contractor shall ensure all furnishings are either properly secured for shipment or packaged for shipment.

• The Contractor shall remove the wing stubs per aircraft Tech Order.

• The contractor shall be responsible for providing appropriate transportation and direction for safely loading and unloading the fuselage.

• The Contractor shall install/attach a Safety Tie-Off Cable on top of the fuselage, the length of the aircraft.

• The Contractor shall provide a list of all removed and discarded components.

• The Contractor shall appropriately dispose of all aircraft parts that are not on the Save List and that will not be reinstalled on the C-130 Trainer fuselage.

• The Contractor shall remove all identified Aircraft Save List parts and return to the Air Force Supply System

6.6 Installation and Assembly

The Contractor shall re-assemble the C-130H Trainer fuselage components to their modified dimensions and specifications. Aircraft structural and systems integrity must be maintained.

Electrical wiring that has to be cut in the disassembly process and must have the bare ends insulated. All dissembled/cut fuel/hydraulic lines must be plugged or capped.

6.7 Repair Services

Additional repair services to the C-130H Trainer, beyond what is required to accomplish the configuration outlined in Table 1, are not required for this effort.

6.8 Acceptance Testing

Acceptance testing will be in the form of a visual inspection performed by a Government representative or a Government assignee. The Contractor shall coordinate the inspection and acceptance with the Government.

6.9 Training

The Contractor shall provide training to Department staff if any alterations/modifications have been made to equipment involving the operation of the C-130H.

6.10 Operator Training

Operator training is not required for this effort.

6.11 Maintenance Training

Maintenance training is not required for this effort.

6.12 Training Documentation

Training Documentation is not required for this effort.

6.13 Travel

The Contractor shall perform the required travel necessary for to support the execution of this effort.

6.14 Program Management

The Contractor shall provide a master schedule, to include development, delivery, installation and test schedule, for Government review and approval within two (2) weeks of award.

The Contractor shall plan and manage daily operations and activities associated with providing this requirement to ensure the necessary processes and activities are performed to successfully perform the requirements in this document. The Contractor shall employ effective management tools and methods to assure adherence to the schedule and performance. The Contractor shall provide technical support to the program office throughout the duration of this effort, which includes post-installation support, which includes, but is not limited to: development of engineering and technical data, response to requests for technical assistance, and development of technical alternatives to remedy Government-identified issues. As needed, the Contractor shall conduct, support, or participate in program management and technical reviews, meetings, and conferences to ensure effective and efficient project execution.

The Contractor shall be responsible for storage, staging, and deployment of any equipment and materials provided as part of this project, unless otherwise mutually agreed upon by the

Government and the Contractor. The Contractor shall submit a Contractor’s Progress, Status and

Management Report. (CDRL A001, DI-MGMT-80227).

6.15 Quality Assurance

The Contractor shall provide 502d TDS, the Contracting Officer’s Representative (COR), and other Government personnel, as requested, access to all quality-related C-130H records and data.

6.15.1 Performance Standards and Performance Requirements Summary (PRS)

Table 2 provides the Performance Requirements Summary portion of the C-130H QA Surveillance Plan. These elements shall be used to evaluate the C-130H prime contract holders’ performance and success. The Contractor shall adhere to the Performance Based Service Acquisition (PBSA) metrics set forth in Table 2.

Table 2 Performance Requirements Summary

SS

Performance

Objective Performance Threshold

Method of

Surveillance Remedy

SS-01

CDRL

Submissions

Accurate and

Complete

• CDRLs pass first

Government review 95% of the time at initial submission, as defined in the CDRL

COR

Assessment of Work

• Re-performance

SS

Performance

Objective Performance Threshold

Method of

Surveillance Remedy

• Re-submittal with correction of documents within 5 work days of notification

SS-02

Completion of Fuselage Relocation and Re-assembly

• 100% Completion within the 180 day period of performance

• All identified deficiencies corrected/completed within 5 working days

100%

Inspection by

COR or SME

• Re-performance

• Document in

CPAR (if needed)

6.16 Government Furnished Property/Equipment/Information (GFP/E/I)

Government Furnished Property for this effort includes:

• C-130H Aircraft Fuselage

All GFE or GFP shall be returned within 30 days upon completion of the effort.

6.17 Handling and Safeguarding of Government Property

The Contractor shall manage Government property IAW Federal Acquisition Regulations (FAR) 45.105. The Contractor shall track and store property, equipment, and information in a secure location IAW the Government Property Clause. The Contractor shall protect Government assets to prevent damage during the time the Contractor has possession.

6.18 Property Damage

When mishaps (Ref AFI 91-204) involving Government property associated with the C-130 Aircraft Fuselage occurs, the Contractor shall report the accident or incident as soon as possible, but no later than 24 hours following the event, to the COR, via email, regardless of the time of day. The Contractor shall assist in securing the scene and the damaged item(s) until released by the accident investigative authority as designated by the local Safety Office.

If the Government elects to conduct an investigation of the accident, the Contractor shall cooperate fully and shall assist Government personnel until the completion of the investigation.

The Contractor shall include a clause in each of its subcontracts which shall require subcontractor cooperation and assistance in accident reporting and investigation.

6.19 Warranty

The Contractor shall provide warranty terms which are included in the delivered firm-fixed price for the items/quantities incorporated into the (i.e., no separately priced warranty) PWS. The Contractor shall transfer all warranties to the Government.

The Contractor will repair any damage that occurs during the project, to the Frederick Municipal Airport, the Fort Detrick site, and/or the C-130H Trainer fuselage during the transport.

6.20 Contract Data Requirements List (CDRL) Deliverables

The Contractor shall provide the Contract Data Requirements List (CDRLs) as identified in Table 3, “Document Deliverables.” A full description of each deliverable is contained in Appendix D.

Documentation may be delivered in electronic format on DVD ROM or by EMAIL. (NOTE:

Documentation may NOT be delivered on USB memory stick, per DOD regulations).

Table 3 Document Deliverables

CDRL Deliverable DID PWS Paragraph

A001 Contractor’s Progress, Status and Management Report

DI-MGMT-80227/T 6.14

B020 Equipment Inventory Records (List of removed components and disposition)

DI-ILSS-81251/T 6.5

6.21 Environmental Requirements

The contractor shall comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, and permits during the performance of this effort;

especially as the disposal of the fuel is concerned. The contractor shall immediately report any conflicts between applicable federal, state, local, and any specifications within this contract to the Client Contracting Officer’s Representative.

7.0 Inspection Terms

Specific/special clauses and other requirements regarding inspection and acceptance will be designated by the CO as an addendum to FAR 52.212-4.

7.1 Inspection and Acceptance of Services

Acceptance testing will be in the form of a visual inspection performed by a Government representative or a Government assignee. The Contractor shall coordinate the inspection and acceptance with the Government.

All deliverables shall be inspected, tested (where applicable), reviewed, and accepted by the

Government within a reasonable period of time in accordance with FAR 52.212-4 (a), which states: 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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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.

Only the client representative (CR), their designated alternate, the GSA Project Manager (PM) or

GSA Contracting Officer (CO) has the authority to inspect, accept, or reject all deliverables.

Final acceptance of all deliverables will be provided in writing, or in electronic format, to the

GSA PM or GSA CO within 30 days from the end of the order period of performance.

8.0 Place of Performance/Hours of Performance

When working at Government facilities, work will be accomplished during normal duty hours (0800 – 1700), unless otherwise approved by site personnel. The Contractor shall not schedule work on Federal Holidays.

Contractor personnel will not report to Government facilities to work, nor remain at the work locations, any time the Government is unexpectedly required to close their offices. The Contractor will not be compensated for these Government closures. The Contractor is responsible for all notification of their contractor staff during times of closure.

When work is performed at Fort Detrick, AFMESA or the 502d Trainer Development Squadron will provide the Contractor access to Fort Detrick as needed.

The Contractor will coordinate a mutually agreeable work schedule with AMARG for any work that will need to be accomplished at their location.

The Contractor will coordinate a mutually agreeable work schedule with the Frederick Municipal Airport for work that will need to be accomplished at their location.

8.1 Period of Performance

The Period of Performance (PoP) for the contract is 120 days from date of award. Actual POP start and end dates will be specified on the contract CLIN structure at the time of award.

8.2 Delivery Instructions

The Contractor shall transport the trainer from the Frederick Municipal Airport, MD to the footer pad site at Fort Detrick Area B, MD.

The Contractor shall provide aircraft escorts, and coordinate with Security Forces, for assistance in escorting and traffic control prior to movement. The Contractor shall transport the fuselage on a Government approved date (Saturday or Sunday) to minimize impact on normal Base traffic.

No export license will be needed for this effort. Early delivery of equipment is authorized.

Freight Security

The Contractor shall secure all transportation loads to prevent collateral damage in the event of a mishap.

Special Considerations

The Contractor will consult with, and obtain approval from, the Government Program Manager prior to any deviation, substitution or change in the listed requirements. In the event the Contractor encounters problems that may prevent or delay the execution of this effort, the Contractor will immediately call the Government Program Manager.

The Contractor shall provide all labor, material, tools, equipment, supervision, transportation, permits, cranes, and related materials necessary to execute this effort. The final destination of aircraft may require preparation of the transportation route, such as the removal of roadway signs and other obstructions, and possible re-positioning of overhead electrical/telephone lines. If re-positioning of overhead electrical/telephone lines is required, the effort must be coordinated with the appropriate agencies and contractors prior to moving the fuselage.

The Contractor shall be responsible for the removal, and/or replacement, and re-installation of any removed fence section or component (per industry standard). The Contactor shall protect the work site from damage during the execution of this effort, and restore the site to pre-work conditions (fence, site, and landscape) once the relocation of the fuselage is complete. The Contractor shall take photos to document pre and post work environmental conditions for comparison and acceptance.

The Contractor shall comply with all United States Air Force, Local and Environmental

Protection Agency regulations for disposal of fluids.

8.3 Base Security

While at Government locations, the Contractor shall comply with local security procedures, policies, and provide appropriate visitor data. The Contractor shall safeguard all Government property.

8.4 Registration of Vehicles

All Contractor employees’ vehicles used for the performance of this contract shall comply with all local, state, and federal regulations. Additionally, any pass shall be surrendered to Security

Forces upon demand to positively identify a person’s need to be on a federal installation.

CONTRACT ADMINISTRATION DATA

9.0 Invoicing/ Procedures for Payment

9.1 Release of Claims

The Government reserves the right to require a release of claims at the end of each performance period, after all payments have been completed. **NOTE: No rates agreed to under the terms of this order are subject to DCAA or other “final” audited rates.

9.2 Firm Fixed Priced Invoicing (Severable/Non-severable Projects)

Invoicing for Firm Fixed Priced orders shall be submitted in accordance with the bid schedule /

CLIN structure. If the bid schedule / CLIN structure does not allow for itemized payments, invoicing shall be submitted after the period of performance is complete.

9.3 Electronically Posting Invoice Documents

Contractors shall electronically transmit/submit invoices and supporting documentation for invoices through the GSA web-based procurement system, through the Central Invoice Service

(CIS), the contractor shall submit invoices electronically by logging into the ASSIST portal

(https://portal.fas.gsa.gov), navigating to the appropriate order, and creating the invoice for that order. This is the only acceptable means for invoice submissions.

No paper invoices shall be accepted. For additional assistance contact the ASSIST Helpdesk at

877-472-4877.

9.4 Content of Invoice

The contractor’s invoice shall be submitted upon completion of the work performed. The invoice shall be submitted on official letterhead and shall include the following information at a minimum.

GSA Task Order Number

Task Order ACT Number

Prompt Payment Discount

Remittance Address

Period of Performance for Billing Period

Point of Contact and Phone Number

Invoice Amount

Travel Itemized by Individual and Trip (if applicable)

Support Items Itemized by Specific Item and Amount (if applicable)

9.5 Final Invoice

Invoices for final payment must be so identified and submitted within 60 days from task performance completion and no further charges are to be billed. A copy of the written acceptance of task completion must be attached to final invoices. The contractor shall request from GSA an extension for final invoices that may exceed the 60-day time frame. No rates in this task order shall be contingent up finalized rates, as this is not a forward pricing rate agreement contract. All rates herein shall be firm fixed rates.

All rates charged under the terms of this contract are firm fixed rate, and are not considered provisional.

The contractor shall submit the final invoice at the end of the completion of the work timely.

The Government reserves the right to require certification by a GSA COR before payment is processed, if necessary.

9.6 Receiving Agency’s Acceptance

The contractor shall seek acceptance and electronically post the acceptance document in GSA’s electronic Web-based Order Processing System, currently ITSS. (Written acceptances will be posted as an attachment along with any other supporting documentation.) After acceptance of the invoice by the CR, the Contractor shall submit a proper invoice to GSA Finance not later than five (5) workdays after acceptance by the Government of the product, service, and/or cost item.

In the absence of Government acceptance within thirty (30) days, the contractor shall submit an invoice.

NOTE: The acceptance of the authorized agency customer representative is REQUIRED prior to the approval of payment for any invoiced submitted.

NOTE: If the required documentation including, (A) the customer's signed written acceptance

OR (B) the customer’s electronic acceptance, is not received within 15 calendar days from the date the invoice was submitted to GSA Finance, the invoice may be rejected in whole or in part as determined by the Government.

9.7 Posting Acceptance Documents

Invoices shall be submitted through GSA’s electronic Web-Based Order Processing System, currently ITSS, to allow the client (CR) to certify the services have been received and the GSA

COR to electronically accept the invoice. Included with the invoice will be all back-up documentation required such as, but not limited to, travel authorizations and training authorizations (including invoices for such).

9.8 Close-out Procedures

The Contractor shall submit a final invoice within sixty (60) calendar days after the end of the order Performance Period. All invoices shall be received within this period. The contracting officer shall not extend the period of performance, or the invoice submittal period to wait on subcontractors to bill the prime contractor. All rates are negotiated at the time of award, and the contractor shall control and account for all time by their own personnel and their subcontractor or CTA personnel to allow for timely billing in accordance with the terms expressed in this section. After the final invoice has been paid the Contractor shall furnish a completed and signed Release of Claims form to the Contracting Officer. This release of claims is due within fifteen (15) calendar days of final payment.

9.9 Unilateral Closeout Modifications

FAR clause 52.212-4(c) is hereby amended as follows: The Government reserves the right to issue unilateral close out modifications to close out commercial contractual agreements, after the

Contractor has acknowledged the order is closed and that no further liability exists on behalf of the parties.

9.10 Contract Closeout Process

Orders will be closed out per the applicable regulation by the cognizant CO. Since the rates in this contract are fully-burdened and not subject to “unsettled” indirect costs, there will be no adjustments to hourly rates at any time after a task order is awarded. All rates shall be quoted as fully burdened FFP rates. The only exceptions that shall apply will be in accordance with changes in SCA, DBA or a Collective Bargaining Agreements (CBA) which affect hourly rates, as applicable.

9.11 Contract Performance Evaluation

Past performance information is relevant information, for future source selection purposes, regarding a Contractor’s actions under previously awarded contracts. It includes, for example, the Contractor’s record of conforming to contract requirements and to standards of good workmanship; record of forecasting and controlling costs; adherence to contract schedules, including the administrative aspects of performance; history of reasonable and cooperative behavior and commitment to customer satisfaction; reporting into required databases; record of integrity and business ethics; and, business-like concern for the interest of the customer.

Evaluations of Contractor performance will be provided to the Contractor as soon as practicable after completion of the evaluation. Contractors will be given a minimum of 30 days opportunity to submit comments, rebutting statements, or additional information.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal agencies to support future award decisions.

The Region 7 CO does not administer or evaluate task order performance.

The CPARS process allows contractors to view and comment on the Government's evaluation of the contractor's performance before it is finalized. Once the contractor’s past performance evaluation is finalized in CPARS it will be transmitted into the Past Performance Information

Retrieval System (PPIRS).

Contractors are required to register in the CPARS, so contractors may review and comment on past performance reports submitted through the CPARS.

CPARS https://www.cpars.gov

PPIRS Included in the CPARS system above.

Past performance data will be captured at the basic contract and at the order level (as applicable).

9.12 Contracting Officer’s Representative (COR)

The CO may designate a Contracting Officer Representative (COR), and Alternate COR and/or

Contracting Officer Technical Representative (COTR) to perform specific administrative or technical functions.

The specific rights and responsibilities of the COR, ALT COR or COTR shall be described in writing, which upon request, shall be provided to the Contractor. A COR, ALT COR, or COTR has no actual, apparent, or implied authority to bind the Government.

9.13 Reports

FSRS (FFATA Sub award Reporting System) Reports

Subject to FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards, file a Federal Funding Accountability and Transparency Act (FFATA) Sub-Award

Report by month in which the prime Contractor awards any sub-contract greater than $25,000 into the System (FSRS).

VETS-4212 Reports

Subject to FAR 22.1303, Applicability, and FAR 52.222-37, Employment Reports on Veterans, the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Contractors and

Subcontractors to report annually to the Department of Labor the number of employees in their workforces, by job category and hiring location, who are qualified covered veterans. VEVRAA also requires Contractors and Subcontractors to report the number of new hires during the reporting period who are qualified covered veterans. Contractors shall submit a VETS-4212 report annually to the DOL VETS-4212 website and provide confirmation to the Region 7 CO for this contract, even if the Contractor has no covered veterans or new employees to report during the reporting period.

9.14 Contractor Teaming Arrangements (CTAs)

The prime or ―lead contractor of this task order shall submit all teaming arrangements established with the offer submission for review by the government. If, during the course of contract/task order performance a new CTA is formed, or a previous CTA is changed/terminated, etc. the contractor shall provide the information to the GSA Contracting Officer (CO) for their files within 15 days after the establishment of the agreement. If the GSA contracting officer determines that the CTA is in compliance with the terms and conditions of the original order, the

CO will modify the task order to include the teaming arrangement(s), as applicable.

Any CTAs established under this task order shall designate all team members, their corresponding GSA Schedule contract numbers, and describe the tasks performed by each team member, along with associated proposed prices (e.g., unit prices, labor categories and rates) for each responsible CTA member.

The team lead responsibilities for any established teaming arrangements remain with the prime contractor/awardee under this task order. The team lead is ultimately responsible for insuring performance of this task. However, each team member is accountable under the terms and conditions of its contract for any problems identified.

The formation of a CTA or procurement of materials via FAR 51 deviation or via open market processes, does not excuse the vendor from complying with all FAR part 25 requirements, such as Trade Agreement Acts, Buy American Act, etc.

SPECIAL CONTRACT REQUIREMENTS

10.0 North American Industry Classification System Code (NAICS)

The applicable NAICS is 488190. To be eligible for award, the contractor shall have this NAICS on their SAM.Gov registration. The size standard associated with NAICS 488190 is $35 million

(effective August 19, 2019), which means that a company, including its affiliates, would be considered a “small business” if their average annual earnings does not exceed $35M for each of the pay periods for the preceding completed 12 calendar months.

11.0 Homeland Security Presidential Directive-12 (HSPD-12): Homeland Security Presidential Directive 12 (HSPD-12) was issued to implement the policy of the United States to enhance security, increase Government efficiency, reduce identity fraud, and protect personal privacy by establishing a mandatory, Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractors (including contractor employees). Under this directive, the heads of executive departments and agencies are required to implement programs to ensure that identification issued by their departments and agencies to Federal employees and contractors meets the Standard. This policy can be found at the following website:

https://www.dhs.gov/homeland-security-presidential-directive-12

In performance of services under this contract, the contractor shall ensure all its personnel who require physical access to federally controlled facilities and access to federally controlled information systems have been issued identification in compliance with HSPD-12 policy. In their solicitation response packages, offeror’s shall confirm they will comply with the government client’s identification procedure that is implementing HSPD-12 policy. The

Security/Identification point of contact for the client agency that is responsible for implementing their HSPD-12 compliant policy is:

POC Name Eric Davis

Office Symbol 502d Trainer Development Squadron

Address 660 A Street West Hangar 74

City, State, Zip Randolph AFB, TX 78150 email address Eric.davis.39@us.af.mil

Telephone Number 210-652-3335

All costs associated with obtaining necessary clearances shall be borne by the contractor.

12.0 Security

12.1 Contractor Employee Guidelines

The contractor shall not employ persons on this task order if such employees are identified to the contractor by the client representative as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

13.0 Tailored Security Requirements

The CO will tailor security requirements (both facility and employee), clauses, provisions, and other applicable terms and conditions specific to each order’s solicitation and award.

Only those Contractors that meet the required security clearance levels on individual order solicitations are eligible to compete for such orders.

In general, all necessary facility and employee security clearances shall be at the expense of the

Contractor. In some cases, Government offices that conduct background investigations do not have a means for accepting direct compensation from Contractors and instead charge customer agencies for the background investigations. In these cases, the Contractor shall be flexible in establishing ways of reimbursing the Government for these expenses. The individual order will specify the terms and conditions for reimbursement, if any, for obtaining security clearances.

Any tailored or additional security requirements will be stipulated at the order level.

14.0 Third Party Schedule Delays of Work on Job Sites

GSA does not warrant and cannot guarantee that the site will remain free from interference by third parties, with whom the Federal Government has no contractual relationship.

Only delays determined to be solely caused by the Federal Government that affect the contractor's ability to complete the contract work on time will be considered for time extensions and equitable adjustments.

15.0 Contractor Observed Federal Holidays

The Contractor shall observe Federal holidays and other days identified in this section unless otherwise indicated in individual task orders. The Government observes the following days as holidays:

1. New Year’s Day

2. Birthday of Martin Luther King Jr. Day

3. Washington’s Birthday

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veterans Day

9. Thanksgiving Day, and

10. Christmas Day

In addition to the days designated as holidays, the Government may also observe the following days:

Any day designated by Federal Statute; Executive Order; or President’s Proclamation

16.0 Ethics and Conduct

Personal services are not authorized under the terms of this contract. This contract is strictly a non-personal services contract which means the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

The Contractor and its employees must conduct themselves with the highest degree of integrity and honesty and adhere to the policies and procedures as specified in FAR Part 3 and GSAM Part 503 Improper Business Practices and Personal Conflicts of Interest.

17.0 Post Award Orientation Conference

The Contractor shall participate in a post-award conference for the purposes of making introductions, coordinating security requirements, discussing schedules, prioritizing PWS requirements, and providing details regarding the transition of work requirements (as applicable) from the incumbent contractor. The contractors shall commence work on the first day of the period of performance. The Post Award Orientation Conference shall occur within 10 working days after award.

18.0 Personal Services

The client has determined that use of this stand-alone contract to satisfy this requirement is in the best interest of the government, economic and other factors considered, and this contract is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR)

Part 37.104 titled “Personal services contract”.

To counter the circumstances that infer personal services and to preserve the non-personal nature of the contract, the contractor shall adhere to the following guidelines in the performance of the task:

• Contractor provides for direct supervision of all contract employees assigned to the task.

• Refrain from discussing the issues such as skill levels and hours, salaries, cost and funding data, or administrative and personnel matters affecting contractor employees with the client.

• Ensure close communication/coordination with the GSA PM, reporting problems to the

PM as they occur (not waiting for a monthly meeting).

• Do not permit government officials to interview potential contractor employees, discuss individual performance, approve leave or work scheduling of contractor employees, terminate contractor employees, assist contractor employees in doing their jobs or obtain assistance from the contractor in doing Government job.

• Do not assign contractor personnel to work under direct government supervision.

• Maintain a professional distance from government employees.

• Provide contractor employees with badges, if appropriate, identifying them as contractors.

• Ensure proper communications with the government (technical discussion and government surveillance is okay, but the Government cannot tell the contractor how to do the job).

• Assign a task leader to the task order. The task leader or alternate should be the only one who accepts tasking from the assigned Government point of contact or alternative.

• The government has the right to reject the finished product or result and this does not constitute personal services.

• When travel is required for the performance on a task, the contractor personnel are only to travel as directed by their contract management.

CONTRACT CLAUSES

19.0 Clause Guidance

The overall intent of the services offered hereunder are commercial in nature, in accordance with

FAR Part 12. Because this contract is a commercial services contract, the majority of the terms and conditions are found in 52.212-4, and FAR 52.212-5.

20.0 TAILORED CLAUSE LANGUAGE - Unilateral Modifications for Funds

Management

The standard verbiage in FAR 52.212-4 (c), which is the paragraph titled “Changes,” relating to

“Contract Terms and Conditions – Commercial Items Clause” which states: “Changes to the terms and conditions of this contract may be made only by written agreement of the parties,” is hereby tailored to allow unilateral modifications to be issued after award of orders to obligate funding. The acceptance of the contract award by the vendor constitutes written agreement of both parties that all future modifications issued for the obligation of funding may be issued by the GSA CO unilaterally.

21.0 FAR Clauses Incorporated by Reference and Full Text

21.1 FAR 52.252-2 Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://acquisition.gov/.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items

(See Full Text Version Below: CO has selected the applicable clauses) – (Oct

2018)

52.202-1 Definitions (Nov 2013)

52.203-12

Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-10 Waste Reduction Program (May 2011)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.228-5 Insurance – Work on a Government Installation (Jan 1997)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.237-2 Protection of Government Buildings, Equipment and Vegetation (Apr 1984)

52.242-13 Bankruptcy (Jul 1995)

52.245-1 Government Property (Jan 2017)

52.245-9 Use and Charges (Apr 2012)

52.251-1 Government Supply Sources (Apr 2012)

252.201-7000 Contracting Officer's Representative (Dec 1991)

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property (Apr 2012)

252.245-7002 Reporting Loss of Government Property (Dec 2017)

252.245-7003 Contractor Property Management System Administration (Apr 2012)

252.245-7004 Reporting, Reutilization, and Disposal (Dec 2017)

21.2 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (Oct 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).