Attach 14 Section H Clauses Special Contract Requirements 29 Dec 2021.pdf

Attachment 14

FA300222R0002

29 Dec 2021

Section H – Special Contract Requirements

H.1 PERFORMANCE INCENTIVE REDUCTION (PIR)

H.1 PIR Application for Key Personnel Positions: The Performance Incentive Reduction (PIR) for Key Personnel Positions is intended to incentivize the Service Provider (SP) to maintain the proposed quality and number of staff for the Key Personnel Positions identified in this clause from contract mobilization through contract completion. The Key Personnel Positions PIR applies a negative incentive when Key Personnel Positions remain vacant for a period greater than 30 calendar days due to potential negative mission impact for vacancies in these positions. The PIR will be re-assessed every 30 calendar days until the Key Personnel Position Vacancy is resolved. Vacancy is defined as a Key Personnel Position:

- Not filled by an individual,

- Filled by an under-qualified individual (not possessing the necessary qualifications mandated by the PWS), or

- Filled by an individual unable to perform the standards set forth in the PWS.

This clause details how the PIR will be calculated when the SP fails to maintain fully staffed Key Personnel Positions. The application of one or more PIRs may negatively impact CPARS ratings during that period.

H.1.2 Key Positions: "Key Personnel Positions" are identified in Table H-1, along with the associated Contract Line-Item Number (CLIN), PWS sections/references, and position title:

Table H-1 Key Positions CLIN PWS Section Positions Title/Function

X001 Sections 2, 11, 13, 15, 23 and 25

Project Manager

X001 Sections 2, 11, 13, 15, 23 and 25

Contract Manager

X001 Sections 2, 11, 13, 15, 23 and 25

Quality Control/Environmental Manager

X001 Sections 2, 11, 13, 15, 23 and 25

Information Systems: Computer Technician

X001 Sections 2, 11, 13, 15, 23 and 25

Senior Accountant Clerk

X007 Sections 11, 13 and 15 Civil Engineering Operation Manager X007 Section 11 Mechanical Engineer X007 Section 11 Civil Engineer X007 Section 11 Electrical Engineer X007 Section 11 Heating, Ventilation and Air Conditioning CE

Craftsman/Technician X007 Section 11 Electrical CE Craftsman/Technician X007 Section 11 Utilities CE Craftsman/Technician X007 Section 11 Pavement and Equipment CE

Craftsman/Technician

X007 Section 11 Structural CE Craftsman/Technician X007 Sections 11 Civil Engineering Production Control/Material

Acquisition Manager X007 Section 11 Civil Engineering Heavy Repair Manager X007 Section 11 and 15 Civil Engineering Facility Systems Manager X007 Section 11 Civil Engineering Infrastructure

Manager/Furnishing Management System Manager

X013 Section 13 Civil Engineering Grounds Maintenance Manager X007 Section 11, 13 and 15 Civil Engineering Quality Control Inspector X016 Section 23 Supply Chain Manager X001 Section 23 Supply Quality Control Inspector X016 Section 23 Supply Material Management and Distribution

Supervisor X016 Section 23 Supply Materiel Coordinator, Senior II (2 positions) X001 Section 25 Transportation Quality Control Inspector X021 Section 2 and 25 Transportation Vehicle Management Manager X021 Section 2 and 25 Transportation Vehicle Fleet Manager X021 Section 2 and 25 Transportation Traffic Management Manager X021 Section 25 Transportation Cargo Hazardous Preparer (2 positions) X024 Section 25 Transportation Truck /Tractor Trailer Driver X024 Section 25 Transportation Bus Driver X024 Section 25 Transportation Motor Vehicle Mechanic (Master) X024 Section 25 Transportation Motor Vehicle Mechanic (Fire

Truck) X024 Section 25 Motor Vehicle Mechanic (Refueling Truck) X024 Section 25 Auto Body Repairer X024 Section 25 Automotive Painter

H.1.3 Key Personnel Positions Coverage: IAW PWS Section 2 para 2.1.3.4, the SP may use a single employee to perform up to two (2) Key Positions for up to 30 calendar days to cover training, vacations, or health issues as long as the individual has the qualifications set forth for those positions in the PWS. However, when a Vacancy occurs, for any reason, the SP shall submit a plan for immediate coverage and long term resolution to the Administrative Contracting Officer (ACO) within five (5) working days from the date Vacancy is known by the SP.

Personnel occupying Key Positions shall not be cross-utilized or reclassified just to cover the Vacancy in order to circumvent the 30 calendar day window; thereby, creating another vacant Key Personnel Position.

In rare cases, the SP may submit a request in writing to the ACO requesting an extension past 30 days. The ACO, at their discretion and in consultation with the Lead Contracting Officer Representative (COR), may make a written determination that the Vacancy is excusable for all, some, or none of the time based upon the circumstances causing the Vacancy. Records of the

SP’s ability to maintain the proposed quality and number of staff for the Key Positions will be referenced in annual CPARS assessments.

H.1.4 Key Personnel Positions Vacancy Tracking & Reporting: The SP shall provide monthly status report of Key Personnel Positions and shall disclose any known or anticipated Vacancies to the Lead COR no later than (NLT) five business days after the last day of the month. The Lead COR for Civil Engineering (CE) and Logistics Readiness Flight (LRF) will track and present monthly Key Personnel Positions Vacancy Status Report with days vacant and PIR calculations to the Functional Commander (FC) and ACO for validation NLT five

(5) business days of receipt of the monthly status report. This Report may be provided at any time during the month to keep the FC and ACO appraised of new vacancies.

The ACO, in consultation with the Lead COR, will make the final PIR assessment determination and inform the SP in writing of the reduction amount and the total amount the SP may invoice for the applicable CLIN(s) and dates. The PIR reduction will continue until the SP notifies the ACO and Lead COR that the Vacancy has been resolved.

Although the PIR assessment is the unilateral decision of the Government, should the SP wish to contest PIR determination or calculations, they shall provide written notice with substantiating documentation to the ACO within three (3) business days of receipt of ACO’s determination.

H.1.5 PIR Withholds: A PIR will be applied to the applicable CLIN(s) whenever there is a Key Personnel Position Vacancy (as defined in H.1.1) for over 30 calendar days throughout the life of this contract. The PIR will be re-assessed every 30 calendar days until the Key Personnel Position Vacancy is resolved. PIR amounts are depicted in Table H.1.2, along with CLINs, Key Position titles/functions and frequency of assessments. These values are for the base period.

Values for each option period include an escalation rate of 3% applied to the previous period's value. Partial months will be prorated based on the start date of the Vacancy.

Table H.1.2 Key Personnel CLIN Position Title/Function PIR Amount Frequency

X001 Project Manager $17,174.00 Per Position/Per Month X001 Contract Manager $12,001.00 Per Position/Per Month X001 Quality

Control/Environmental Manager

$10,686.00 Per Position/Per Month

X001 Information Systems:

Computer Technician*

$10,553.00 Per Position/Per Month

X001 Senior Accountant Clerk* $6,760.00 Per Position/Per Month X007 Civil Engineering Operation

Manager $14,182.00 Per Position/Per Month

X007 Mechanical Engineer $13,768.00 Per Position/Per Month X007 Civil Engineer $13,768.00 Per Position/Per Month X007 Electrical Engineer $13,768.00 Per Position/Per Month

X007 Heating, Ventilation and Air Conditioning CE Craftsman/Technician*

$7,944.00 Per Position/Per Month

X007 Electrical CE Craftsman/Technician*

$9,097.00 Per Position/Per Month

X007 Utilities CE Craftsman/Technician*

$6,627.00 Per Position/Per Month

X007 Pavement and Equipment CE Craftsman/Technician*

$7,158.00 Per Position/Per Month

X007 Structural CE Craftsman/Technician*

$7,158.00 Per Position/Per Month

X007 Civil Engineering Production Control/Material Acquisition Manager

$10,092.00 Per Position/Per Month

X007 Civil Engineering Heavy Repair Manager

$10,092.00 Per Position/Per Month

X007 Civil Engineering Facility Systems Manager

$10,092.00 Per Position/Per Month

X007 Civil Engineering Infrastructure Manager/Furnishing Management System Manager

$10,092.00 Per Position/Per Month

X013 Civil Engineering Grounds Maintenance Manager

$10,092.00 Per Position/Per Month

X007 Civil Engineering Quality Control Inspector

$10,686.00 Per Position/Per Month

X016 Supply Chain Manager $14,182.00 Per Position/Per Month X001 Supply Quality Control

Inspector $10,686.00 Per Position/Per Month

X016 Supply Material Management and Distribution Supervisor

$10,092.00 Per Position/Per Month

X016 Supply Materiel Coordinator, Senior II (2 positions)*

$7,721.00 Per Position/Per Month

X001 Transportation Quality Control Inspector

$10,686.00 Per Position/Per Month

X021 Transportation Vehicle Management Manager

$10,686.00 Per Position/Per Month

X021 Transportation Vehicle Fleet Manager

$10,686.00 Per Position/Per Month

X021 Transportation Traffic Management Manager

$10,686.00 Per Position/Per Month

X021 Transportation Cargo Hazardous Preparer (2 positions)*

$7,084.00 Per Position/Per Month

X024 Transportation Truck /Tractor Trailer Driver*

$6,692.00 Per Position/Per Month

X024 Transportation Bus Driver* $6,692.00 Per Position/Per Month X024 Transportation Motor

Vehicle Mechanic (Master)* $10,478.00 Per Position/Per Month

X024 Transportation Motor Vehicle Mechanic (Fire Truck)*

$7,016.00 Per Position/Per Month

X024 Motor Vehicle Mechanic (Refueling Truck)*

$6,912.00 Per Position/Per Month

X024 Auto Body Repairer* $6,659.00 Per Position/Per Month X024 Automotive Painter* $6,659.00 Per Position/Per Month

*Note – CBA Position

BASE YEAR EXAMPLE: CLIN 0001 is awarded with a unit price of $31,000.00 per month.

The SP experiences a “Project Manager” vacancy as listed under the "Key Personnel Positions" section, and the vacancy is not filled within 30 calendar days. After the position has been vacant for 30 calendar days, the Government may assess the PIR at a price of $17,174.00 per month until the SP fills the Vacancy. The SP will continue to reduce their invoices by $17,174.00 per month until the vacancy is resolved, and the ACO acknowledges the position has been resolved.

Likewise, if multiple Key Personnel Positions are vacant for more than 30 calendar days, the SP shall invoice for the monthly CLIN price minus the respective PIR amount for those vacancies in the month(s) occurring during the 31st calendar day of the vacancy, and the PIR amounts will add up based on how many key positions are vacant.

OPTION YEAR 1 EXAMPLE: CLIN 1001 is awarded with a unit price of $31,500.00 per month. The SP experiences a “Program Manager” vacancy as listed under the "Key Personnel Positions" section, and the Vacancy is not filled within 30 calendar days. After the position has been vacant for 30 calendar days, the Government may assess the PIR at a price of $17,689.22 per month until the SP resolves the Vacancy.

The SP may be charged for multiple CLIN(s) and multiple PIR amounts for any Key Personnel Positions Vacancies. Additionally, if the SP experiences a Service Summary failure that can be connected a Key Personnel Position Vacancy, they may also be issued normal contract deficiency documentation (Corrective Action Report - CAR, Contractor Deficiency Report - CDR, Letter of Concern, and/or any contractual remedy) in addition to the amount of the PIR.

H.1.6 SP Manning Report: The SP shall provide the monthly status of Key Personnel Positions and shall disclose any known or anticipated Vacancies (as defined in H.1.1) to the Lead COR by the NLT five (5) business days after the last day of the month. The Government reserves the right to enact the PIR, after the fact, should a circumstance of unreported Vacancies arise.

H.1.7 Changing Procedures. Administrative changes to this plan (dates, validation process, etc.) may be executed unilaterally via letter signed by the ACO no less than five (5) business days prior to the first day of the month for the PIR. Otherwise, changes will require a bilateral agreement between the Government and SP. All changes to the PIR for Key Personnel Positions or amounts require a PWS revision and bilateral agreement between the Government and SP.

H.1.8 Contract Termination. If the contract is Terminated for Convenience of the Government during an active PIR period, the standard PIR will apply and will be applied on a prorated basis for the reduced period. Inclusion and implementation of this plan does not limit the Government’s rights to execute Termination for Default actions as authorized by contract clause 52.249-8, Default (Fixed-Price Supply and Service) or any other authority provided by the terms and conditions of the contract.

(End Clause)

H.2 INCENTIVE OPTIONS

H.2.1 Incentive Options: This contract includes two 12-month Incentive Options (hereafter called IO 1 and IO 2). IO 1 and IO 2 may be available to the SP based on the IO Availability Criteria in H.2.2. IO 1 must be available for IO 2 to be earned.

H.2.2 IO Availability Criteria: The SP shall achieve Satisfactory or better ratings in all CPARS rating areas for Option Year 2 to make IO 1 available. If IO 1 was made available, the SP shall achieve Satisfactory or better ratings in all CPARS rating areas for Option Year 3 to make IO 2 available. (See H.2.5 for a visual break down).

H.2.3 IO Availability Determination: The ACO, in consultation with the PM, is the Availability Determining Official (ADO). Within 10 calendar days of completion of Option Year 2’s CPARS, the ADO will determine if the SP met IO 1’s availability criteria. If the ADO determined IO 1 was available, the ADO will determine if the SP met IO 2’s availability criteria within 10 calendar days of completion of Option Year 3’s CPARS. Starting with Option Year 2 provides the SP ample opportunity to resolve any start-up issues and consistently achieve Satisfactory or better performance in all areas.

The determination that an IO is available does not obligate the Government to exercise it. The Government retains full discretion for use of any available IOs. (See H.2.4)

H.2.4 Exercising IOs: If an IO is determined to be available (See H.2.2 & H.2.3), the ACO may exercise the IO(s) provided there is a continued need for the requirement, funding is available and it is in the best interest of the Government. If the ACO determines that the IO(s) should be exercised, they will do so IAW FAR clause 52.217-9.

H.2.5 Option Years: The Government may exercise IO 1 and 2, if available, only after all regular options have been exercised. If IO 1 is made available and exercised by the ACO, IO 1 will begin at the conclusion of Option year 4 and will have a period of performance of 12 months. If IO 2 is made available and exercised by the ACO, IO 2 will begin at the conclusion of IO 1 and will have a period of performance of 12 months.

Evaluation Period for Incentive Option Periods

Base: 12 months Regular Option 1: 12 months Regular Option 2: 12 months - Incentive Option 1 Availability Determination Regular Option 3: 12 months - Incentive Option 2 Availability Determination Regular Option 4: 12 months IO Option 1: 12 months if available IO Option 2: 12 months if available & IO Option 1 exercised

(End Clause)