Draft RFP N6523626R3007.pdf

N6523626R3007 - DRAFT

Section A- General Information

DEPARTMENT OF THE NAVY

NAVAL INFORMATION WARFARE CENTER (NIWC) ATLANTIC

P.O. BOX 190022, NORTH CHARLESTON, SC 29419-9022

SeaPort-Next Generation (NxG)

IN REPLY REFER TO SOLICITATION:

N6523626R3007

TASK ORDER REQUEST FOR PROPOSAL FOR

Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance (C4ISR) Sustainment III

EVALUATION METHODOLOGY:

Best Value – Tradeoff

**Please note that we are only solicitating offers from Small Business Seaport NxG MAC holders**

Section B - Supplies and Services

Offerors please complete.

CLIN - SUPPLIES OR SERVICES

Cost Type Items:

Item Supplies/Services Qty Unit Est. Cost Fixed Fee CPFF

Base Year Labor - Control, Communications, Computer, Intelligence, Surveillance, and Reconnaissance Sustainment III

6000AA Holding SLIN for CLIN 6000 (Fund Type

- TBD)

1.00 Lot

6100 Option Year 1 Labor - Control, Communications, Computer, Intelligence, 6100AA Holding SLIN for CLIN 6100 (Fund Type

Option

1.00 Lot

6200 Option Year 2 Labor - Control, Communications, Computer, Intelligence, 6200AA Holding SLIN for CLIN 6200 (Fund Type

Option

1.00 Lot

6300 Option Year 3 Labor - Control, Communications, Computer, Intelligence, 6300AA Holding SLIN for CLIN 6300 (Fund Type

Option

1.00 Lot

6400 Option Year 4 Labor - Control, Communications, Computer, Intelligence, 6400AA Holding SLIN for CLIN 6400 (Fund Type

Option

1.00 Lot

6500 6 Month Option to Extend Services in accordance with FAR 52.217-8 - Labor - Control, Communications, Computer, Intelligence, Surveillance, and Reconnaissance Sustainment III

6500AA Holding SLIN for CLIN 6500 (Fund Type

Option

1.00 Lot

Cost Only Items:

Item Supplies/Services Qty Unit Est. Cost

Base Year ODCs - Control, Communications, Computer, Intelligence, Surveillance, and Reconnaissance Sustainment

III

7000AA Holding SLIN for CLIN 7000 (Fund 1.00 Type - TBD)

Lot

7100 Option Year 1 ODCs - Control, Communications, Computer, 7100AA Holding SLIN for CLIN 7100 (Fund 1.00 Type - TBD) Option

Lot

7200 Option Year 2 ODCs - Control, Communications, Computer, 7200AA Holding SLIN for CLIN 7200 (Fund 1.00

Lot

7300 Option Year 3 ODCs - Control, Communications, Computer, 7300AA Holding SLIN for CLIN 7300 (Fund 1.00

Lot

7400 Option Year 4 ODCs - Control, Communications, Computer, 7400AA Holding SLIN for CLIN 7400 (Fund 1.00

Lot

7500 6 Month Option to Extend Services in accordance with FAR 52.217-8 - ODCs - Control, Communications, Computer, 7500AA Holding SLIN for CLIN 7500 (Fund 1.00

Lot

FFP Items:

Item Supplies/Services Qty Unit Unit Price Total Price

Not Separately Priced - Contract Data Requirements List (CDRLs) for Base Year, Option Year 1, Option Year 2, Option Year 3, and Option Year 4

FEE DETERMINATION AND PAYMENT (TERM TYPE)

a. Subject to the requirements of the “Limitation of Cost” or “Limitation of Funds” clause (whichever is applicable to this order), it is hereby understood and agreed that the fixed fee is based upon the Contractor providing the below listed number of staff-hours of direct labor, hereinafter referred to as X, at the estimated cost and during the term of this order specified elsewhere herein:

Total Staff Hours of Direct Labor (X) Estimated Funded Staff Hours*

1,062,965 TBD

*Note: Estimated Funded Staff Hours (LOE) is identified mathematically by calculating the total labor cost divided by the total hours identified for each CLIN.

The Contractor agrees to provide the total level of effort specified above in performance of work described in Sections “B” and “C” of this order. The total staff-hours of direct labor shall include subcontractor direct labor hours.

b. Notwithstanding any key personnel requirements of the order, the Contractor may utilize any mix of labor categories in performing the required effort. Although not typically permissible, if technical direction by the Government impacts the labor mix of this order AND as a result, the Contractor would be unable to perform estimated staff hours of direct labor during the performance period, the Contractor shall notify the Contracting Officer and COR in writing and request a bilateral modification for consideration for an increase in the estimated labor cost. It shall not be assumed that any changes will be approved by the Contracting Officer prior to a mutually agreed upon modification. Under no circumstance is the Contractor authorized to perform outside of the scope of the terms and conditions of this contract/task order. The primary purpose of this notification is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Contracting Officer in writing promptly, within five calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions which will impact the estimated staff hours. On the basis of the most accurate information available to the Contractor, the notice shall state, at a minimum,

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of the change in estimated staff hours for which the Contractor has identified an issue to include, but not limited to:

- What line items have been or may be affected by the alleged change;

- What labor have been or may be added, deleted, or wasted by the alleged change;

- To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

- What adjustments to the estimated staff hours and labor cost affected by the alleged change are estimated;

- What specific adjustments are being requested and the basis (both mathematical, and any information not previously listed) including the from, by, and to information

c. Of the total staff-hours of direct labor set forth above, it is estimated that zero (0) staff-hours are competitive time (uncompensated overtime). Competitive time (uncompensated overtime) is defined as hours provided by personnel in excess of 40 hours per week without additional compensation for such excess work. All other effort is defined as compensated effort. If no amount is indicated in the first sentence of this paragraph, competitive time (uncompensated overtime) effort performed by the Contractor shall not be counted in fulfillment of the level of effort obligations under this order.

d. Effort performed in fulfilling the total level of effort obligations specified above shall only include effort performed in direct support of this order and shall not include time and effort expended on such things as local travel from an employee’s residence to their usual work location, uncompensated effort while on travel status, truncated lunch periods, or other time and effort which does not have a specific and direct contribution to the tasks described in Section B and C.

e. It is understood and agreed that various conditions may exist prior to or upon expiration of the term of the order, with regard to the expenditure of staff hours of direct labor and/or costs thereunder which may require adjustment to the aggregate fixed fee. The calculations below will not be determined until the end of the performance on the order. The following actions shall be dictated by the existence of said conditions:

1. If the Contractor has provided not more than 110% of X or not less than 90% of X, within the estimated cost, and at the term of the order, then the fee shall remain as set forth in Section B.

2. If the Contractor has provided X-staff-hours, within the term, and has not expended the estimated cost, then the Contracting Officer may require the Contractor to continue performance until the expiration of the term, or until the expenditure of the estimated cost of the order except that, in the case of any items or tasks funded with O&MN funds, the "term" of performance shall not exceed a 12-month period. In no event shall the Contractor be required to provide more than 110% of X within the term and estimated cost of this order. The fee shall remain as set forth in Section B.

3. If the Contractor expends the estimated cost of the order, during the term of the order and has provided less than X staff-hours, the Government may require the Contractor to continue performance, by providing cost growth funding, without adjusting the fixed fee, until such time as the Contractor has provided X staff-hours.

4. If the Contracting Officer does not elect to exercise the Government’s rights as set forth in paragraph (e)(2) and (3) above, and the Contractor has not expended at least 90% of X staff-hours, the fixed fee shall be equitably adjusted downward to reflect the diminution of work. The Government shall use the following in order to determine the downward adjustment, where the Estimated Funded Staff Hours are defined in Paragraph a. above:

Fee Reduction = Fee (Estimated Funded Staff Hours - Expended Staff Hours) Estimated Funded Staff Hours

5. If the order is not fully funded, the total fixed fee is based on the percentage of staff hours of direct labor that is funded. The following equation will be utilized to determine the fixed fee for this order if it is not fully funded:

STEP ONE: Estimated Funded Staff Hours = Percentage of LOE funded Total Staff Hours of Direct Labor

STEP TWO: Percentage of LOE funded x Total Fixed Fee = maximum fee allotted/earned

Example:

Total Awarded Staff Hours 100 hours Awarded Labor Cost without fee $2,500.00 Awarded Fee (Proposed) $175.00 (7%)

Estimated Funded Staff Hours 20 hours Funded Labor Cost without fee $500.00 Funded Fee $35.00

*The maximum fee allotted/earned in this example will remain at $35 based on the funding on this order.

The Funded Fee shall be the maximum fee allowed if the full funded LOE is provided. In addition, if the estimated funded LOE is not provided, the fee may be reduced utilizing the Fee Reduction formula provided above in paragraph (e)(4).

6. Nothing herein contained shall abrogate the Contractor’s responsibilities, and/or the Government’s rights within the terms of the contract provision entitled “Limitation of Cost” or “Limitation of Funds” as they shall apply throughout the term of the order, based upon the total amount of funding allotted to the order during its specified term.

f. During the administration of this task order, deobligations of funding may be needed. The following is an example of how a deobligation of funding may change the estimated funded staff hours and funded fee using the same example from above:

EXAMPLE:

Awarded Staff Hours 100 hours Awarded Labor Cost without fee $2,500.00 Awarded Fee (Proposed) $175.00 (7%)

Estimated Funded Staff Hours 20 hours Funded Labor Cost without fee $500.00 Funded Fee $35.00

Deobligation Request: Total Deobligation Request: $133.75. Deobligate $125 Labor cost, $8.75 Fee.

This would change the Funded values to the following:

Estimated Funded Staff Hours 15 hours Funded Labor Cost without fee $375.00 Funded Fee $26.25

The modification would show the following changes as a result of the modification to deobligate:

From By To* Estimated Funded Staff Hours 20 hours -5 hours 15 hours

Funded Labor Cost without fee $500.00 -$125.00 $375.00 Funded Fee $35.00 -$8.75 $26.25

*All calculations described above in para e. would utilize these values instead of the originally funded values.

g. Payment of fee

The Government shall pay fixed fee to the Contractor at [add proposed fee rate]* based on total labor cost invoiced ensuring a minimum of 15% of the fee is withheld on each invoice. A total of all such payments shall not exceed 85% of the fixed fee specified under this order, unless waived. In accordance with the provisions of paragraph (e) of this clause, any balance of fixed fee shall be paid to the Contractor, or any overpayment of fixed fee shall be repaid by the Contractor, at the time of final payment or earlier as requested by the Government.

*Effective Fee Rate for Task Order to be added at time of award.

h. Within 45 days after completion of the work under each separately identified period of performance hereunder and 90 days after the completion of this work on this order in its entirety, the Contractor shall submit the following information in writing to the Contracting Officer with copies to the cognizant Contract Administration Office and DCAA office to which vouchers are submitted:

1. The total number of staff-hours of direct labor expended during the applicable period.

2. A breakdown of this total showing the number of staff-hours expended in each direct labor classification and associated direct and indirect costs.

3. A breakdown of other costs incurred.

4. The Contractor’s estimate of the total allowable cost incurred under the order for the period.

5. The amount of excess funds that may be recovered.

6. Total amount of staff-hours not expended (applicable to completion of this order).

7. A calculation of the appropriate fee reduction in accordance with this text, as applicable (also applicable to completion of this order).

All submissions required by this text shall include subcontractor information, if any.

FAILURE TO COMPLETE TIMELY SUBMISSION AS IDENTIFIED IN THIS TEXT MAY IMPACT

CPAR/PAST PERFORMANCE RATING.

ALLOTMENT OF FUNDS

(a) This task order is incrementally funded with respect to both cost and fee.

(b) The amounts presently available and allotted to this task order for payment of fee is detailed in Section B.

(c) The amounts presently available and allotted to this task order for payment of cost is detailed in Section B, the items covered thereby and the period of performance which it is estimated the allotted amount will cover is detailed in Section F.

(d) The parties contemplate that the Government will allot additional amounts to this task order from time to time by unilateral task order modification, and any such modification shall state separately the amounts allotted for cost and for fee, the items covered thereby, and the period of performance the amounts are expected to cover.

Section D - Packaging and Marking

All deliverables shall be packaged and marked IAW best commercial practices.

Section E - Inspection and Acceptance

Inspection and acceptance of the services to be furnished hereunder shall be made at destination by the COR.

Section F - Deliveries or Performance

CLIN - DELIVERIES OR PERFORMANCE

The Period of Performance of the following Firm items are as follows:

6000AA 04/01/2026 – 03/31/2027

7000AA 04/01/2026 – 03/31/2027

The Period of Performance of the following Option items are as follows:

6100AA 04/01/2027 – 03/31/2028

6200AA 04/01/2028 – 03/31/2029

6300AA 04/01/2029 – 03/31/2030

6400AA 04/01/2030 – 03/31/2031

6500AA 04/01/2031 – 09/30/2031

7100AA 04/01/2027 – 03/31/2028

7200AA 04/01/2028 – 03/31/2029

7300AA 04/01/2029 – 03/31/2030

7400AA 04/01/2030 – 03/31/2031

7500AA 04/01/2031 – 09/30/2031

The periods of performance identified above for the Firm items (i.e. base year) and Option items may change depending upon the date of task order award. The Firm item and Option item CLINs will maintain a 12-month period of performance regardless of when the task order is awarded.

The above periods of performance for the option(s) to extend the term of the task order shall apply only if the Government exercises the option(s) as stated in Section B in accordance with the task order clause at FAR 52.217-9 "Option to Extend the Term of the Contract" and FAR 52.217-8 “Option to Extend Services”. Option periods will be exercised in succession (if exercised).

Section G - Contract Administration Data

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

(a) The Contracting Officer hereby appoints the following individual as the Contracting Officer’s Representative(s) (COR) for this contract/order:

CONTRACTING OFFICER’S REPRESENTATIVE

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Name:

Code:

Address:

Phone Number:

E-mail:

*To be completed at task order award.

(b) It is emphasized that only the Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding agreement, modification, change order, or other matter deviating from the terms of the basic contract between the Contractor and any other person be effective or binding on the Government.

When/If, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the Contractor shall promptly notify the PCO in writing. No action shall be taken by the Contractor unless the Procuring Contracting Officer (PCO) or the Administrative Contracting Officer (ACO) has issued a contractual change.

PAYMENT INSTRUCTION LINK (PGI 204.7108)

The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the linked table below based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

SUPPLEMENTAL WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS

The following Wide Area WorkFlow (WAWF) payment instructions supplement DFARS 252.232-7006:

(a) Interim Voucher costs are to be broken down in a clear and logical manner with fully burdened cost information (inclusive of fee). Cost information shall include identification of:

1) All labor categories and individuals utilized during the billing period;

2) Number of hours and fully burdened hourly labor rates (including fee), per individual;

3) Material (consumable and non-consumables) description and fully burdened costs, separated by type;

4) Fully burdened travel costs itemized by trip, date and individual;

5) Other fully burdened direct costs not separately identified; e.g., reproduction, cell phones, equipment rentals, etc.;

6) Subcontractor costs itemized with the same level of detail; and

7) Average actual hourly labor rates (total actual fully burdened labor cost/total # hours performed). Attachments shall be created with any Microsoft Office product or Adobe (.pdf files) and are to be attached to the invoice in WAWF. The total size limit for files per invoice in WAWF is 5 megabytes. A separate copy of the invoice with back-up documentation shall be emailed to the COR/TOM.

(b) Contractors approved by DCAA for direct billing will not process vouchers through DCAA, but will submit directly to DFAS. Vendors MUST still provide a copy of the invoice and any applicable cost back-up documentation supporting payment to the Acceptor/Contracting Officer's Representative (COR) if applicable. Additionally, a copy of the invoice(s) and attachment(s) at time of submission in WAWF shall also be provided to each point of contact identified in section (g) of DFARS clause 252.232-7006 by email. If the invoice and/or receiving report are delivered in the email as an attachment it must be provided as an Adobe (.pdf file), Microsoft Office product or other mutually agreed upon form between the Contracting Officer and vendor.

(c) A separate invoice will be prepared no more frequently than for every two weeks. Do not combine the payment claims for services provided under this contract.

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(d) In accordance with DFARS 204.7104-1 Informational subline item numbers (e.g., 000101, 000102, etc) shall not be priced separately for payment purposes. Therefore, you are reminded to bill at the CLIN level using the applicable ACRN, e.g., AA, AB, AC, etc. DFAS will reject invoices that contain informational subline items.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

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(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

N/A

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC * Issue By DoDAAC N65236 Admin DoDAAC * Inspect By DoDAAC N65236 Ship To Code N65236 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N65236 Service Acceptor (DoDAAC) N65236 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC * Other DoDAAC(s) N/A

*To be completed at task order award.

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

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(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

SPECIAL INSTRUCTION TO THE PAYING OFFICE REGARDING WITHHELD FEE

Fees withheld pursuant to the provisions of this order, such as the withholding provided by the “Allowable Cost and Payment” and “Fixed Fee” clauses, shall not be paid until the order has been modified to reduce the fixed fee in accordance with paragraph (e) in the Fee Determination and Payment Language in Section B, except that no such action is required if the total level of effort provided falls within the limits established in paragraph (e).

SECTION H SPECIAL CONTRACT REQUIREMENTS

LIMITED RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION

(a) Definition.

“Confidential Business Information,” (Information) as used in this text, is defined as all forms and types of financial, business, economic or other types of information other than technical data or computer software/computer software documentation, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if — (1) the owner thereof has taken reasonable measures to keep such Information secret, and (2) the Information derives independent economic value, actual or potential from not being generally known to, and not being readily ascertainable through proper means by, the public.

Information does not include technical data, as that term is defined in DFARS 252.227-7013, 252.227-7015, and 252.227-7018. Similarly, Information does not include computer software/computer software documentation, as those terms are defined in DFARS 252.227-7014 and 252.227-7018.

(b) The Naval Information Warfare Center (NIWC) may release to individuals employed by NIWC support contractors and their subcontractors Information submitted by the contractor or its subcontractors pursuant to the provisions of this contract. Information that would ordinarily be entitled to confidential treatment may be included in the Information released to these individuals. Accordingly, by submission of a proposal or execution of this contract, the offeror or contractor and its subcontractors consent to a limited release of its Information, but only for purposes as described in paragraph (c) of this text.

(c) Circumstances where NIWC may release the contractor’s or subcontractors’ Information include the following:

(1) To other NIWC contractors and subcontractors, and their employees tasked with assisting NIWC in handling and processing Information and documents in the administration of NIWC contracts, such as file room management and contract closeout; and,

(2) To NIWC contractors and subcontractors, and their employees tasked with assisting NIWC in accounting support services, including access to cost-reimbursement vouchers.

(d) NIWC recognizes its obligation to protect the contractor and its subcontractors from competitive harm that could result from the release of such Information. NIWC will permit the limited release of Information under paragraphs (c)(1) and (c)(2) only under the following conditions:

(1) NIWC determines that access is required by other NIWC contractors and their subcontractors to perform the tasks described in paragraphs (c)(1) and (c)(2);

(2) Access to Information is restricted to individuals with a bona fide need to possess;

(3) Contractors and their subcontractors having access to Information have agreed under their contract or a separate corporate non-disclosure agreement to provide the same level of protection to the Information that would be provided by NIWC employees. Such contract terms or separate corporate non-disclosure agreement shall require the contractors and subcontractors to train their employees on how to properly handle the Information to which they will have access, and to have their employees sign company non disclosure agreements certifying that they

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(4) NIWC contractors and their subcontractors performing the tasks described in paragraphs (c)(1) or (c)(2) have agreed under their contract or a separate non-disclosure agreement to not use the Information for any purpose other than performing the tasks described in paragraphs (c)(1) and (c)(2); and,

(5) Before releasing the Information to a non-Government person to perform the tasks described in paragraphs (c)(1) and (c)(2), NIWC shall provide the contractor a list of the company names to which access is being granted, along with a Point of Contact for those entities.

(e) NIWC’s responsibilities under the Freedom of Information Act are not affected by this text.

(f) The contractor agrees to include, and require inclusion of, this text in all subcontracts at any tier that requires the furnishing of Information.

(End of text)

REIMBURSEMENT OF TRAVEL COSTS

(a) Contractor Request and Government Approval of Travel

Any travel under this contract must be specifically requested in writing, by the contractor prior to incurring any travel costs. If this contract is a definite or indefinite delivery contract, then the written Government authorization will be by task/delivery orders issued by the Ordering Officer or by a modification to an issued task/delivery order.

If this contract is not a definite or indefinite delivery contract, then the written Government authorization will be by written notice of approval from the Contracting Officer’s Representative (COR). The request shall include as a minimum, the following:

(1) Contract number

(2) Date, time, and place of proposed travel

(3) Purpose of travel and how it relates to the contract

(4) Contractor’s estimated cost of travel

(5) Name(s) of individual(s) traveling and;

(6) A breakdown of estimated travel and per diem charges.

The contractor shall submit the travel request in writing to the Contracting Officer’s Representative (COR). The COR shall review and approve/disapprove (as appropriate) all travel requests submitted giving written notice of such approval or disapproval to the contractor.

(b) General

(1) The costs for travel, subsistence, and lodging shall be reimbursed to the contractor only to the extent that it is necessary and authorized for performance of the work under this contract. The costs for travel, subsistence, and lodging shall be reimbursed to the contractor in accordance with the Federal Acquisition Regulation (FAR) 31.205- 46, which is incorporated by reference into this contract. As specified in FAR 31.205-46(a) (2), reimbursement for the costs incurred for lodging, meals and incidental expenses (as defined in the travel regulations cited subparagraphs (b)(1)(i) through (b)(1)(iii) below) shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the following:

(i) Federal Travel Regulation prescribed by the General Services Administration for travel in the contiguous 48 United States;

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(ii) Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and the territories and possessions of the United States; or

(iii) Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, “Maximum Travel Per Diem Allowances in Foreign Areas” prescribed by the Department of State, for travel in areas not covered in the travel regulations cited in subparagraphs (b)(1)(i) and (b)(1)(ii) above.

(2) Personnel in travel status from and to the contractor’s place of business and designated work site or vice versa, shall be considered to be performing work under the contract, and contractor shall bill such travel time at the straight (regular) time rate; however, such billing shall not exceed eight hours per person for any one person while in travel status during one calendar day.

(c) Per Diem

(1) The contractor shall not be paid per diem for contractor personnel who reside in the metropolitan area in which the tasks are being performed. Per diem shall not be paid on services performed at contractor’s home facility and at any facility required by the contract, or at any location within a radius of 50 miles from the contractor’s home facility and any facility required by this contract.

(2) Costs for subsistence and lodging shall be paid to the contractor only to the extent that overnight stay is necessary and authorized in writing by the Government for performance of the work under this contract per paragraph (a). When authorized, per diem shall be paid by the contractor to its employees at a rate not to exceed the rate specified in the travel regulations cited in FAR 31.205-46(a)(2) and authorized in writing by the Government.

The authorized per diem rate shall be the same as the prevailing locality per diem rate.

(3) Reimbursement to the contractor for per diem shall be limited to payments to employees not to exceed the authorized per diem and as authorized in writing by the Government per paragraph (a). Fractional parts of a day shall be payable on a prorated basis for purposes of billing for per diem charges attributed to subsistence on days of travel. The departure day from the Permanent Duty Station (PDS) and return day to the PDS shall be 75% of the applicable per diem rate. The contractor shall retain supporting documentation for per diem paid to employees as evidence of actual payments, as required by the FAR 52.216-7 “Allowable Cost and Payment” clause of the contract.

(d) Transportation

(1) The contractor shall be paid on the basis of actual amounts paid to the extent that such transportation is necessary for the performance of work under the contract and is authorized in writing by the Government per paragraph (a).

(2) The contractor agrees, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission and in accordance with good traffic management principles. When it is necessary to use air or rail travel, the contractor agrees to use coach, tourist class or similar accommodations to the extent consistent with the successful and economical accomplishment of the mission for which the travel is being performed. Documentation must be provided to substantiate non-availability of coach or tourist if business or first class is proposed to accomplish travel requirements.

(3) When transportation by privately owned conveyance (POC) is authorized, the contractor shall be paid on a mileage basis not to exceed the applicable Government transportation rate specified in the travel regulations cited in FAR 31.205-46(a)(2) and is authorized in writing by the Government per paragraph (a).

(4) When transportation by privately owned (motor) vehicle (POV) is authorized, required travel of contractor personnel, that is not commuting travel, may be paid to the extent that it exceeds the normal commuting mileage of such employee. When an employee’s POV is used for travel between an employee’s residence or the Permanent Duty Station and one or more alternate work sites within the local area, the employee shall be paid mileage for the distance that exceeds the employee’s commuting distance.

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(5) When transportation by a rental automobile, other special conveyance or public conveyance is authorized, the contractor shall be paid the rental and/or hiring charge and operating expenses incurred on official business (if not included in the rental or hiring charge). When the operating expenses are included in the rental or hiring charge, there should be a record of those expenses available to submit with the receipt. Examples of such operating expenses include: hiring charge (bus, streetcar or subway fares), gasoline and oil, parking, and tunnel tolls.

(6) Definitions:

(i) “Permanent Duty Station” (PDS) is the location of the employee’s permanent work assignment (i.e., the building or other place where the employee regularly reports for work.

(ii) “Privately Owned Conveyance” (POC) is any transportation mode used for the movement of persons from place to place, other than a Government conveyance or common carrier, including a conveyance loaned for a charge to, or rented at personal expense by, an employee for transportation while on travel when such rental conveyance has not been authorized/approved as a Special Conveyance.

(iii) “Privately Owned (Motor) Vehicle (POV)” is any motor vehicle (including an automobile, light truck, van or pickup truck) owned by, or on a long-term lease (12 or more months) to, an employee or that employee’s dependent for the primary purpose of providing personal transportation, that:

(a) is self-propelled and licensed to travel on the public highways;

(b) is designed to carry passengers or goods; and

(c) has four or more wheels or is a motorcycle or moped.

(iv) “Special Conveyance” is commercially rented or hired vehicles other than a POC and other than those owned or under contract to an agency.

(v) “Public Conveyance” is local public transportation (e.g., bus, streetcar, subway, etc) or taxicab.

(iv) “Residence” is the fixed or permanent domicile of a person that can be reasonably justified as a bona fide residence.

EXAMPLE 1: Employee’s one way commuting distance to regular place of work is 7 miles. Employee drives from residence to an alternate work site, a distance of 18 miles. Upon completion of work, employee returns to residence, a distance of 18 miles.

In this case, the employee is entitled to be reimbursed for the distance that exceeds the normal round trip commuting distance (14 miles). The employee is reimbursed for 22 miles (18 + 18 - 14 = 22).

EXAMPLE 2: Employee’s one way commuting distance to regular place of work is 15 miles. Employee drives from residence to an alternate work site, a distance of 5 miles. Upon completion of work, employee returns to residence, a distance of 5 miles.

In this case, the employee is not entitled to be reimbursed for the travel performed (10 miles), since the distance traveled is less than the commuting distance (30 miles) to the regular place of work.

EXAMPLE 3: Employee’s one way commuting distance to regular place of work is 15 miles. Employee drives to regular place of work. Employee is required to travel to an alternate work site, a distance of 30 miles. Upon completion of work, employee returns to residence, a distance of 15 miles.

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In this case, the employee is entitled to be reimbursed for the distance that exceeds the normal round trip commuting distance (30 miles). The employee is reimbursed for 30 miles (15 + 30 + 15 - 30 = 30).

EXAMPLE 4: Employee’s one way commuting distance to regular place of work is 12 miles. In the morning the employee drives to an alternate work site (45 miles). In the afternoon the employee returns to the regular place of work (67 miles). After completion of work, employee returns to residence, a distance of 12 miles.

In this case, the employee is entitled to be reimbursed for the distance that exceeds the normal round trip commuting distance (24 miles). The employee is reimbursed for 100 miles (45 + 67 + 12 - 24 = 100).

EXAMPLE 5: Employee’s one way commuting distance to regular place of work is 35 miles. Employee drives to the regular place of work (35 miles). Later, the employee drives to alternate work site #1 (50 miles) and then to alternate work site #2 (25 miles). Employee then drives to residence (10 miles).

In this case, the employee is entitled to be reimbursed for the distance that exceeds the normal commuting distance (70 miles). The employee is reimbursed for 50 miles (35 + 50 + 25 + 10 - 70 = 50).

EXAMPLE 6: Employee’s one way commuting distance to regular place of work is 20 miles. Employee drives to the regular place of work (20 miles). Later, the employee drives to alternate work site #1 (10 miles) and then to alternate work site #2 (5 miles). Employee then drives to residence (2 miles).

In this case, the employee is not entitled to be reimbursed for the travel performed (37 miles), since the distance traveled is less than the commuting distance (40 miles) to the regular place of work.

INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS UNDER U.S. - REPUBLIC

OF KOREA (ROK)

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the “publications” tab on the US Forces Korea homepage http://www.usfk.mil

(a) Definitions. As used in this clause—

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States Pacific Command.

“United States Forces Korea” (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.

“Commander, United States Forces Korea” (COMUSK) means the commander of all U.S. forces present in Korea.

In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC).

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19).

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“Responsible Officer (RO)” means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.

(b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15289, APO AP 96205-5289.

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA.

(f) The contractor’s direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements.

Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

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(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.e. “off-limits”), prostitution and human trafficking and curfew restrictions.

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees/dependents must have either a Korean driver’s license or a valid international driver’s license to legally drive on Korean roads.

(p) Evacuation.

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

(2) Non-combatant Evacuation Operations (NEO).

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(i) The contractor shall designate a representative to provide contractor personnel and dependents information to the servicing NEO warden as required by direction of the Responsible Officer.

(ii) If contract period of performance in the Republic of Korea is greater than six months, non emergency essential contractor personnel and all IC/TR dependents shall participate in at least one USFK…