DRAFT APPENDIX E CASS FoT PBL BASIC SERVICE AGREEMENT 2023.pdf

Basic Service CASS FoT PBL Appendix E

CASS FoT Performance Based Logistics

Basic Service Level Agreement

Terms and Conditions for Basic CASS FoT PBL (BCASS PBL)

1. SERVICES

a. Commencement and Scope. For the rates in Schedule B for Basic service, Contractor shall to render the maintenance and repair services described herein (Services). The services shall be provided at the location(s) specified in each delivery order to the Agreement. This service is not available for Foreign Military Sales (FMS) customers. The services, with respect to specified items of Equipment, shall commence upon the date specified in each individual delivery order. Contractor shall render service responsive to the Utilization Window defined as the planned 80 hour per week operating schedule (two (2) eight (8) hour shifts, five (5) calendar days per week) during the period of performance specified in each individual delivery order.

Downtime starts upon notification from Government and/or user to the Contractor as specified in paragraph 3.b of this appendix, unless notification occurs outside of the Utilization Window, in which case downtime commences at the start of the subsequent Utilization Window. In fulfillment thereof, Contractor shall:

(1) Provide scheduled preventative maintenance (PM) and calibration services in accordance with (IAW) the Consolidated Automated Support System (CASS) Family of Testers (FoT) technical manuals.

(2) Provide unscheduled, on-call remedial maintenance as required in response to calls placed during the Utilization Window.

(3) Provide all maintenance and materials, (replacement parts, tools, documentation, diagnostic, calibration, and test equipment) necessary for the maintenance services described herein; such materials at all times to remain the property of Contractor by the terms of this contract, except when installed in the equipment in the course of repair or maintenance per 3.c below.

At the conclusion of the station period of performance, the Contractor shall restore the

Government’s equipment to "Ready For Issue" (RFI) condition provided 60 calendar days is made available to the Contractor's representative for reasonable coordination between the parties and access to the station. When the Contractor requires evidence of RFI station condition, the Government will acknowledge concurrence by signing the CASS FoT Self-Test Report (Certificate of Completion) for that station.

b. Service Calls. Government and/or users shall notify Contractor that Equipment covered under this Agreement is inoperative and remedial maintenance is required IAW the procedure specified at Section 3 herein. The Equipment is not on “operational downtime” for purpose of this Agreement, and calculation of guaranteed service does not begin, until and unless Contractor receives notification. Contractor is notified IAW the methods in paragraph 3.b herein.

c. Parts and Labor. In response to calls placed during the Utilization Window, Contractor shall provide and bear the cost of parts and labor required to maintain the Equipment IAW the warranty provision hereof. All parts will be furnished on an exchange basis and will be standard CASS FoT parts in RFI condition. Exchanged parts removed from the system become the property of Contractor ("title-out"). Installed parts become the property of the Government ("title-in"). Title-in, Title-out exchanges will be done simultaneously unless the Contractor has coordinated with the Government for case basis exceptions. The contractor is responsible for furnishing all consumable parts. The current standard CASS FoT parts list is contained in Performance-Based Statement of Work PSOW CASS FoT Item Support List, Appendix A.

d. Exclusive Services. The Government and/or user acknowledges that this Agreement gives the Contractor the exclusive right to service the equipment. Except when authorized by the Contractor's on-site representative, use of other personnel, including Government and/or user employees, to service the Equipment may void the guarantee provisions of this Agreement and require return of the Equipment by Government and/or user to RFI condition for the purpose of continued support under this Agreement. In the event Equipment recertification is required, Contractor shall proceed, upon direction by the Contracting Officer and bilateral agreement, to provide reasonable recertification services to return the equipment to the pre-existing condition as defined by the Contractor.

2. SERVICE LIMITATIONS

This Agreement covers all causes of Equipment malfunction resulting in downtime except for the malfunctions caused by the deliberate, negligent acts of Government and/or user, or failure/inadequacy of electrical, plumbing, air conditioning or other facility services.

3. RESPONSIBILITIES OF GOVERNMENT AND/OR USER

a. Prior to the commencement of any service period on specified Equipment, Government and/or user shall guarantee to Contractor that said Equipment is in RFI condition. As applicable, the Government and/or user shall provide evidence of RFI condition to the Contractor via a CASS FoT Self-Test Report (Certificate of Completion).

1) For purposes of this Agreement, RFI condition is verified by successful

Input/Output (I/O) Self Maintenance/Calibration (SMAT/CAL) execution acknowledged by both parties.

2) Contractor reserves the right to examine the Government's operating environment and the equipment to ensure its maintainability. Both parties will verify satisfactory facility requirements, current configuration and condition of the particular Equipment.

3) Station asset swapping shall be allowed between systems covered under this agreement to minimize schedule impacts.

4) Government and/or user is responsible for proper packaging and shipment of failed assets until assets reach the contractor. The Contractor is responsible for RFI asset until asset is received/signed for by the Government and/or user.

b. The Government and/or user shall notify Contractor of Equipment failure using one of (but not limited to) the following traceable means; fax or email if the Contractor does not have an on-site representative available for in person notification.

c. Contractor shall be allowed full and free access to the Equipment at times mutually agreeable to the Government and/or users and Contractor. The Government and/or users may provide the Contractor facilities to enhance performance of the Services required. Government and/or users shall allow Contractor to use such machines, communications facilities, and other equipment (except that normally supplied by Contractor per paragraph 1.a.2 of this appendix) consistent with Government's and/or users normal business practices, at no cost to the Contractor, if available. To facilitate Contractor's performance of the Services, the Government and/or users may provide a storage area for parts and Contractor's test equipment deemed necessary by Government and/or users and Contractor to perform this Agreement. This storage area will be fully secured with access limited to the Contractor's service personnel.

d. Thirty (30) calendar days prior to the conclusion of the station period of performance, the

Government and/or user shall coordinate access for the Contractor to restore the Equipment maintained hereunder to RFI condition. The Contractor shall provide evidence of RFI condition to the Government and/or user, and the Government and/or user shall acknowledge concurrence by signing the CASS FoT Self-Test Report.

4. MOVEMENT OF EQUIPMENT

Contractor shall be given fifteen (15) calendar days prior notice in writing before Government relocates any equipment under this Basic Service Agreement. In the event that the Equipment under this contract is moved from its location of initial installation and/or reinstallation, Contractor shall proceed diligently under the terms of this Agreement, upon direction and bilateral modification, to provide re-certification services if required to return the Equipment to the pre-existing condition.

5. SERVICE GUARANTEE

a. Operational Availability (Ao). The Contractor guarantees that it shall allocate required materials and apply all applicable company resources to maintain the Equipment in such a manner so that the Equipment shall achieve seventy (70) percent “Operational Availability” (Ao). Operational Availability is defined as that percentage of time during the Utilization Window when, under actual operating conditions, each CASS FoT station is available to perform required functions at that site. The Utilization Window is described in paragraph 1.a of this appendix, however, Government and/or users' operating range shall not be limited to eighty (80) hours per week (Monday through Friday, two shifts) provided that:

1) Contractor's ability to maintain the Equipment is not affected;

2) Government’s utilization of CASS FoT availability, calculated as a three-month moving average, reflects the average of eighty (80) hours per week per station type;

In the event Contractor does not meet the required 70% Ao, Contractor shall grant a credit to the Government for each hour of down time that falls below the defined 70% Ao guarantee. The credit amount is equivalent to the average Basic Service CASS (BCASS) FoT Performance Based Logistics (PBL) hourly rate for the system configuration(s) impacted as computed by the formula below;

BCASS FoT PBL Monthly dollars / 320 Average Monthly Hours = Average

BCASS FoT PBL Hourly rate

Average BCASS FoT PBL Hourly dollars X Downtime Hours Below Guarantee

Threshold = Credit amount.

Credit shall be computed to the nearest whole hour.

No credit shall accrue to the Government during those periods when the Contractor is denied access to the equipment.

If Government exceeds 80 hours per week station utilization, Contractor shall not be held accountable for Ao falling below the moving average for that period that falls outside the Utilization Window.

b. Moving Average. Upon commencement of service, moving average calculation begins at the completion of calendar month 1; completion of months 1 and 2; and completion of months 1, 2, and 3. After three months of service, availability is calculated using a three-month moving average. Average Ao will include scheduled and unscheduled maintenance as defined in the contract but will exclude any downtime due to operator/ Government negligence, unforeseen events or forces of nature IAW Federal Acquisition Regulation (FAR) 52.249-8(c).

c. Operational Availability Calculation. Contractor shall track operational availability by station.

The calculation is:

Operational Availability (Ao) = (Schedule Time - Downtime)

Schedule Time

For example:

Schedule time based on 80 hrs/week with a 3 month moving average.

Total hours for the 3 month period = 960 hrs.

If total downtime = 50 hours within the 3 month period, the Ao is calculated as follows:

Ao = 960 – 50 = 910 = 94.8% Ao

960 960

d. Station downtime is defined as the time that the station is considered not capable of performing required functions.

1) Station downtime shall end upon the successful completion of all tests necessary to demonstrate and/or document the failed station assets required for performing required station task(s) are operating within the applicable specifications.

2) The following ground rules apply:

a) Station asset swapping shall be allowed (with Government and/or user concurrence) to minimize schedule impact.

b) Station downtime begins when the cognizant Contractor representative is notified of a station problem IAW paragraph 3.b. herein.