EA133W-15-RP-0044_-_Amendment_0004.pdf

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Advanced Weather Interactive Processing System (AWIPS) Recompete
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EA133W-15-RP-0044
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EA133W-15-RP-0044 - Amendment 0004

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SF30_EA133W-15-RP-0044_Amendment_0005.pdf PDF
EA133W-15-RP-0044_-_Amendment_0005.pdf PDF
Attachment_J.6.-_Information_Technology_-_Addendum_-_Amendment_0004.pdf PDF
SF30_EA133W-15-RP-0044_Amendment_0004.pdf PDF
Attachment_J.3_-_Contract_Data_Requirements_List_-_Amendment_0004.pdf PDF
Attachment_J.1_-_Statement_of_Objectives_-_Amendment_0004.pdf PDF
Attachment_J.3_-_Contract_Data_Requirements_List_-_Amendment_0003.pdf PDF
Attachment_J.1_-_Statement_of_Objectives_-_Amendment_0003.pdf PDF
Attachment_J.7_-_Product_Improvement_Pricing_Schedule_-_Amendment_0003.xlsx XLSX spreadsheet
EA133W-15-RP-0044_-_Amendment_0003.pdf PDF
SF30_EA133W-15-RP-0044_Amendment_0003.pdf PDF
Attachment_J.8_-_Government_Furnished_Property_-_Amendment_0003.pdf PDF
Appendix_L.4_-_Relevant_Project_Questionnaire_-_Amendment_0002.pdf PDF
Appendix_L.3_-_Reference_Data_Sheet_-_Amendment_0002.pdf PDF
Attachment_J.7_-_Product_Improvement_Pricing_Schedule_-_Amendment_0002.xlsx XLSX spreadsheet
SF30_EA133W-15-RP-0044_Amendment_0002.pdf PDF
Attachment_J.8_-_Government_Furnished_Property_-_Amendment_0002.pdf PDF
EA133W-15-RP-0044_Amendment_0002.pdf PDF
SF30_EA133W-15-RP-0044_Amendment_0001.pdf PDF
EA133W-15-RP-0044_-_Amendment_0001_Conformed_Copy.pdf PDF
Attachment_J.1_-_Statement_of_Objectives_-_Amendment_0001_Conformed_Copy.pdf PDF
EA133W-15-RP-0044.pdf PDF
Appendix_L.5_-_Property_Management_System_Questionnaire.pdf PDF
Attachment_J.8_-_Government_Furnished_Property.pdf PDF
Attachment_J.7_-_Product_Improvement_Pricing_Schedule.xlsx XLSX spreadsheet
AWIPS_Industry_Day_Q A_Contract_ _Admin_Questions.pdf PDF
Attachment_J.4_-_Acronym_Abbreviation_List.pdf PDF
Attachment_J.3_-_Contract_Document_Requirements_List.pdf PDF
Attachment_J.2_-_Work_Breakdown_Structure.pdf PDF
Attachment_J.5_-_Key_Personnel_Definitions.pdf PDF
Appendix_L.2-_Accounting_System_Questionnaire.pdf PDF
Appendix_L.3_-_Reference_Data_Sheet.pdf PDF
Attachment_J.1_-_Statement_of_Objectives.pdf PDF
Attachment_J.6.-_Information_Technology_-_Addendum.pdf PDF
Appendix_L.1-_Representative_Task_Order.pdf PDF
AWIPS_Industry_Day_Technical_Questions.pdf PDF
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SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 106

NWWH0000-15-04009

NOAA Eastern Acquisition Division 200 Granby Street, Suite 815 Norfolk VA, 23510

AJ60031

U.S Department of Commerce 1325 East-West Hhy SSMC-2 Room 15130 Silver Spring MD, 20910

EA133W-15-RP-0044

See L.6 NOAA/EAD (Address Listed in L.8) 12:00PM

Timothy Wampler timothy.wampler@noaa.gov

3-13 16-19 20-21 22-34 35-52 104-06

80-103

64-66

53- 63

10/06/2015

757 441 6563

08/18/2015

67-79

U.S. DEPARTMENT OF COMMERCE

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA),

NATIONAL WEATHER SERVICE (NWS)

THE ADVANCED WEATHER INTERACTIVE PROCESSING SYSTEM (AWIPS)

REQUEST FOR PROPOSALS (RFP)

EA133W-15-RP-0044

ACQUISITION AND GRANTS OFFICE (AGO)

EASTERN ACQUISITION DIVISION (EAD)

NORFOLK, VIRGINIA

SECTION B—SUPPLIES OR SERVICES AND PRICES

B. 1. CONTRACT TYPE

The Government intends to award a single Performance-Based Indefinite Delivery

Indefinite Quantity (IDIQ) contract. The IDIQ contract will have a base period of six (6) years and two (2) two (2) - year option periods. This ordering period may be extended by an additional six (6) months under FAR 52.217-8—Option to Extend Services, for a total base and all options ordering period of ten (10) years and six (6) months.

Task Orders may be of one or more contract types, including, but not limited to the following: firm-fixed-price (FFP), time and materials (T&M), labor hour (LH), cost plus fixed fee (CPFF) and cost plus award fee (CPAF), under the appropriate contract line item

(CLIN).

B. 2. COMMERCE ACQUISITION REGULATION (CAR) 1352.216-75—MINIMUM

AND MAXIMUM CONTRACT AMOUNT (APR 2010)

During the term of the contract, the Government shall place orders totaling a minimum of

$5,000,000.00. The amount of all orders shall not exceed (TO BE DETERMINED).

(End of clause)

B. 3. EFFECTIVE PERIOD

The effective period of this contract begins August 15, 2016, or date of contract award, through six (6) years thereafter. The contract shall contain two (2) two-year options which if exercised, will result in a ten (10) year contract.

B. 4. SCHEDULE OF PRICES

Contractor pricing shall be in accordance with the following Contract Line Item Number

(CLIN) structure:

BASE PERIOD: SIX (6) YEARS TOTAL

(To be priced separately by individual contract year)

The Government reserves the right to place orders for FFP CLINS in monthly increments

BASE PERIOD PRICING YEAR ONE

CLIN DESCRIPTION

CLIN

TYPE

QTY

UNIT OF

ISSUE

UNIT PRICE AMOUNT

Operations and Maintenance -

Includes Hardware and

Software Maintenance and

Hardware and Software

Refresh.

In accordance with the Statement of Objectives (SOO), attached herein from August 15, 2016, or date of award, through twelve

(12) months thereafter.

FFP 12 MONTHS

1001A

Operations and Maintenance -

Information Technology

Security Support

In accordance with the Statement of Objectives (SOO), attached herein from August 15, 2016, or date of award, through twelve

(12) months thereafter.

FFP 12 MONTHS

Product Improvement

In accordance with the Statement of Objectives (SOO), attached herein. Priced in accordance with

Attachment J.7. - Product

Improvement Pricing Schedule.

From August 15, 2016, or date of award, through twelve (12) months thereafter.

To Be

Determined

(TBD) at time of task order award

1 YEAR

Communications

In accordance with the Statement of Objectives (SOO), attached herein from August 15, 2016, or date of award, through twelve

(12) months thereafter.

FFP 12 MONTHS

Transition (Phase-in)

In accordance with the Statement of Objectives (SOO), attached herein, from August 15, 2016, or date of award, through three (3) months thereafter.

FFP 3 MONTHS

BASE PERIOD PRICING YEAR TWO

FROM EXPIRATION OF BASE PERIOD PRICING YEAR ONE THROUGH TWELVE (12) MONTHS

THEREAFTER

The Government reserves the right to place orders for FFP CLINS in monthly increments

CLIN

NO.

DESCRIPTION

CLIN

TYPE

QTY

UNIT OF

ISSUE

UNIT PRICE AMOUNT

Operations and Maintenance -

Includes Hardware and

Software Maintenance and

Hardware and Software

Refresh.

In accordance with the Statement of Objectives (SOO), attached herein.

FFP 12 MONTHS

2001A

Operations and Maintenance -

Information Technology

Security Support

In accordance with the Statement of Objectives (SOO), attached herein.

FFP 12 MONTHS

Product Improvement

In accordance with the Statement of Objectives (SOO), attached herein. Priced in accordance with

Attachment J.7. - Product

Improvement Pricing Schedule

TBD at time of task order award

1 YEAR

Communications

In accordance with the Statement of Objectives (SOO), attached herein.

FFP 12 MONTHS

BASE PERIOD PRICING YEAR THREE

FROM EXPIRATION OF BASE PERIOD PRICING YEAR TWO THROUGH TWELVE (12) MONTHS

THEREAFTER

The Government reserves the right to place orders for FFP CLINS in monthly increments

CLIN

NO.

DESCRIPTION

CLIN

TYPE

QTY

UNIT OF

ISSUE

UNIT

PRICE

AMOUNT

Operations and Maintenance

- Includes Hardware and

Software Maintenance and

Hardware and Software

Refresh.

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

3001A

Operations and Maintenance

- Information Technology

Security Support

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

Product Improvement

In accordance with the

Statement of Objectives

(SOO), attached herein. Priced in accordance with Attachment

J.7. - Product Improvement

Pricing Schedule

TBD at time of task order award

1 YEAR

Communications

In accordance with the

Statement of Objectives

(SOO), attached herein.

BASE PERIOD PRICING YEAR FOUR

FROM EXPIRATION OF BASE PERIOD PRICING YEAR THREE THROUGH TWELVE (12) MONTHS

THEREAFTER

The Government reserves the right to place orders for FFP CLINS in monthly increments

CLIN

NO.

DESCRIPTION FFP QTY

UNIT OF

ISSUE

UNIT

PRICE

AMOUNT

Operations and Maintenance

- Includes Hardware and

Software Maintenance and

Hardware and Software

Refresh.

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

4001A

Operations and Maintenance

- Information Technology

Security Support

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

Product Improvement

In accordance with the

Statement of Objectives

(SOO), attached herein. Priced in accordance with Attachment

J.7. - Product Improvement

Pricing Schedule

TBD at time of task order award

1 YEAR

Communications

In accordance with the

Statement of Objectives

BASE PERIOD PRICING YEAR FIVE

FROM EXPIRATION OF BASE PERIOD PRICING YEAR FOUR THROUGH TWELVE (12) MONTHS

THEREAFTER

The Government reserves the right to place orders for FFP CLINS in monthly increments

CLIN

NO.

DESCRIPTION

CLIN

TYPE

QTY

UNIT OF

ISSUE

UNIT

PRICE

AMOUNT

Operations and

Maintenance - Includes

Hardware and Software

Maintenance and

Hardware and Software

Refresh.

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

5001A

Operations and

Maintenance -

Information Technology

Security Support

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

Product Improvement

In accordance with the

Statement of Objectives

(SOO), attached herein.

Priced in accordance with

Attachment J.7. - Product

Improvement Pricing

Schedule

TBD at time of task order award

1 YEAR

Communications

In accordance with the

Statement of Objectives

BASE PERIOD PRICING YEAR SIX

FROM EXPIRATION OF BASE PERIOD PRICING YEAR FIVE THROUGH TWELVE (12)

MONTHS THEREAFTER

The Government reserves the right to place orders for FFP CLINS in monthly increments

CLIN

NO.

DESCRIPTION

CLIN

TYPE

QTY

UNIT OF

ISSUE

UNIT

PRICE

AMOUNT

Operations and

Maintenance - Includes

Hardware and Software

Maintenance and

Hardware and Software

Refresh.

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

6001A

Operations and

Maintenance -

Information Technology

Security Support

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

Product Improvement

In accordance with the

Statement of Objectives

(SOO), attached herein.

Priced in accordance with

Attachment J.7. - Product

Improvement Pricing

Schedule

TBD at time of task order award

1 YEAR

Communications

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

Transition (Phase-out)

In accordance with the

Statement of Objectives

Option Period I: Two (2) years total

(to be priced separately by individual option year)

OPTION PERIOD I — PRICING YEAR ONE

UPON EXPIRATION OF THE BASE PERIOD THROUGH TWELVE (12) MONTHS THEREAFTER

The Government reserves the right to place orders for FFP CLINS in monthly increments

CLIN

NO.

DESCRIPTION

CLIN

TYPE

QTY

UNIT OF

ISSUE

UNIT

PRICE

AMOUNT

Operations and

Maintenance - Includes

Hardware and Software

Maintenance and

Hardware and Software

Refresh.

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

7001A

Operations and

Maintenance -

Information Technology

Security Support

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

Product Improvement

In accordance with the

Statement of Objectives

(SOO), attached herein.

Priced in accordance with

Attachment J.7. - Product

Improvement Pricing

Schedule

TBD at time of task order award

1 YEAR

Communications

In accordance with the

Statement of Objectives

OPTION PERIOD I — PRICING YEAR TWO

FROM EXPIRATION OF OPTION PERIOD I — PRICING YEAR ONE THROUGH TWELVE (12)

MONTHS THEREAFTER

The Government reserves the right to place orders for FFP CLINS in monthly increments

CLIN

NO.

DESCRIPTION

CLIN

TYPE

QTY

UNIT OF

ISSUE

UNIT

PRICE

AMOUNT

Operations and

Maintenance - Includes

Hardware and Software

Maintenance and

Hardware and Software

Refresh.

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

8001A

Operations and

Maintenance -

Information Technology

Security Support

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

Product Improvement

In accordance with the

Statement of Objectives

(SOO), attached herein.

Priced in accordance with

Attachment J.7. - Product

Improvement Pricing

Schedule

TBD at time of task order award

1 YEAR

Communications

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

Transition (Phase-out)

In accordance with the

Statement of Objectives

Option Period II: Two (2) years total

(to be priced separately by individual option year)

OPTION PERIOD II — PRICING YEAR ONE

FROM EXPIRATION OF OPTION PERIOD I THROUGH TWELVE (12) MONTHS THEREAFTER

The Government reserves the right to place orders for FFP CLINS in monthly increments

CLIN

NO.

DESCRIPTION CLIN TYPE QTY UNIT OF ISSUE

UNIT

PRICE

AMOUNT

Operations and

Maintenance - Includes

Hardware and Software

Maintenance and

Hardware and Software

Refresh.

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

9001A

Operations and

Maintenance -

Information Technology

Security Support

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

Product Improvement

In accordance with the

Statement of Objectives

(SOO), attached herein.

Priced in accordance with

Attachment J.7. - Product

Improvement Pricing

Schedule

TBD at time of task order award

1 YEAR

Communications

In accordance with the

Statement of Objectives

OPTION PERIOD II — PRICING YEAR TWO

FROM EXPIRATION OF OPTION PERIOD II — PRICING YEAR ONE THROUGH TWELVE (12)

MONTHS THEREAFTER

The Government reserves the right to place orders for FFP CLINS in monthly increments

CLIN

NUMBER

DESCRIPTION CLIN TYPE QTY UNIT OF ISSUE

UNIT

PRICE

AMOUNT

10001

Operations and

Maintenance - Includes

Hardware and

Software Maintenance and Hardware and

Software Refresh.

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

10001A

Operations and

Maintenance -

Information

Technology Security

Support

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

10002

Product Improvement

In accordance with the

Statement of Objectives

(SOO), attached herein.

Priced in accordance with Attachment J.7. -

Product Improvement

Pricing Schedule

TBD at time of task order award

1 YEAR

10003

Communications

In accordance with the

Statement of Objectives

(SOO), attached herein.

FFP 12 MONTHS

10004

Transition (Phase-out)

In accordance with the

Statement of Objectives

(End of Section B)

SECTION C— DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. STATEMENT OF WORK/SPECIFICATIONS

The Contractor shall furnish the necessary personnel, materials, equipment, services and facilities (except as otherwise specified) to perform the Performance Work Statement

(PWS) for AWIPS based on the Statement of Objectives (SOO) document dated July 08, 2015, identified in Attachment J.1 - Statement of Objectives of this contract.

(End of Section C)

SECTION D—PACKAGING AND MARKING

D.1. PACKAGING

The Contractor shall preserve, pack, and package all items in accordance with best commercial practices to ensure delivery at destination and to prevent deterioration of items and damages due to the hazards of shipping, handling, and storage. The Contractor shall ensure compliance with such practices by all lower-tier Contractors (subcontractors and vendors) that ship equipment or other merchandise directly to the Government.”

D.2. MARKING DELIVERABLES

The contract number shall be placed adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract. Unless otherwise specified by the Contracting

Officer. Mark deliverables, except for reports, with:

1. Name of the Contracting Officer’s Representative (COR)

2. Contract Number

3. Task Order Number

4. Description of Items Contained Therein

D.3. MARKINGS OF WARRANTED ITEMS

In accordance with FAR 46.706(b)(5), the Contractor shall stamp, mark, or stamp and mark, all items delivered, or otherwise furnish notice with the items, of the existence of the warranty for each. Markings shall include the following:

1. A statement that a warranty exists,

2. The substance of the warranty,

3. The duration of the warranty,

4. Whom to notify if the supplies are found to be defective.

For commercial items, the Contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies, and associated warranty procedures.

(End of Section D)

SECTION E—INSPECTION AND ACCEPTANCE

E.1. FEDERAL ACQUISITION REGULATION (FAR) 52.252-2—CONTRACT

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more of the following Federal Acquisition Regulation

(FAR) 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 http://www.acquisition.gov/far/.

FAR Clause

No.

Title Date

52.246-2*

INSPECTION OF SUPPLIES—FIXED PRICE

(Reference FAR 46.302)

AUG 1996

52.246-3*

INSPECTION OF SUPPLIES COST REIMBURSEMENT

(Reference FAR 46.303)

MAY 2001

52.246-4*

INSPECTION OF SERVICES—FIXED PRICE

(Reference FAR 46.304)

AUG 1996

52.246-5*

INSPECTION OF SERVICES—COST REIMBURSEMENT

(Reference FAR 46.305)

APR 1984

52.246-6*

INSPECTION—TIME-AND-MATERIAL AND

LABOR-HOUR

(Reference FAR 46.306)

MAY 2001

52.246-15*

CERTIFICATE OF CONFORMANCE

(Reference FAR 46.315)

APR 1984

*To be included at the task order level as appropriate.

E.2. PERFORMANCE MEASUREMENT

This is a performance-based contract. Per FAR Subpart 37.6—Performance-Based

Acquisitions, the Offeror shall provide all detailed and measurable performance standards, criteria, and evaluation processes necessary to measure its performance in terms of quality, timeliness, cost-containment, and the other performance objectives and requirements identified in the contract specifications and Statement of Objectives. Contractor-identified performance measures as approved by the Government and the resulting performance metrics and services level agreement(s), together with the approved Quality Assurance

Surveillance Program (QASP), will form the basis of the Government’s inspection and acceptance http://www.acquisition.gov/far/ https://www.acquisition.gov/sites/default/files/current/far/html/52_246.html#wp1118712 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2046_3.html#wp1069849 https://www.acquisition.gov/sites/default/files/current/far/html/52_246.html#wp1118742 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2046_3.html#wp1069851 https://www.acquisition.gov/sites/default/files/current/far/html/52_246.html#wp1118768 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2046_3.html#wp1069853 https://www.acquisition.gov/sites/default/files/current/far/html/52_246.html#wp1118782 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2046_3.html#wp1069855 https://www.acquisition.gov/sites/default/files/current/far/html/52_246.html#wp1118795 https://www.acquisition.gov/sites/default/files/current/far/html/52_246.html#wp1118795 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2046_3.html#wp1069857 https://www.acquisition.gov/sites/default/files/current/far/html/52_246.html#wp1118933 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2046_3.html#wp1069879

Using the Contractor provided metrics, the Government and the Contractor will agree on a

Quality Assurance framework, and methodology to establish initial performance levels and the ongoing performance level management and incentive or disincentive program should the Contractor propose them. The framework will continuously seek to refine, allocate and adjust service levels and incentives to reflect changes in priority and ensure that, throughout the life of the contract, the program delivers improved performance and reduced cost.

E.3. TESTING AND ACCEPTANCE CRITERIA—SOFTWARE

Software delivered to the Government shall be ready for acceptance testing and, if applicable, product implementation in the AWIPS production environment. The

Contractor shall perform unit verification and integration testing prior to delivery of production software to the Government. Documentation, test plans, and test data shall accompany the delivery of software as specified in each Task Order. The Contractor shall conform to the testing standards specified in each Task Order. The software shall meet all specifications of the governing Task Order Statement of Work (TOSOW), and performance of the software shall be measured in accordance with the approved Quality

Assurance Surveillance Plan (QASP).

E.4. CONTRACTORS’ RESPONSIBILITIES ASSOCIATED WITH INSPECTION,

TESTING AND ACCEPTANCE OF CONTRACTOR PROVIDED PRODUCTS

AND SERVICES.

The Contractor is responsible for the completion, verification, confirmation, and communication to the Government of all inspections and test results necessary to substantiate that the products and services furnished under this contract meet the

Government’s requirements and specifications. Delivery shall not be considered complete, and Government testing, inspection, and acceptance shall not begin, until after the

Contractor has fulfilled the aforementioned responsibilities.

Additional inspection and acceptance requirements unique to the relevant deliverables may be specified in each Task Order (TO).

E.5. PERFORMANCE INCENTIVES AND DISINCENTIVES

The Government’s determination that satisfactory services have been provided by the

Contractor is contingent upon demonstration by the Contractor that it has completed all work hereunder in accordance with the performance standards, service level agreements, and terms and conditions of this contract, together with any additional specifications, performance standards, service level agreements, or special terms and conditions imposed by any specific Task Order hereunder, and that performance has been consistent with all modifications to the contract.

E.6. GOVERNMENT CONTRACT QUALITY ASSURANCE

The Contractor shall be responsible for the management and quality of all services provided and products developed. The Contractor quality control methods necessary to meet the quality standards set forth by the contract and follow-on task orders. The

Contractor shall use the Quality Assurance Plan (QAP) to guide and to rigorously document the implementation of the required management and quality control actions to achieve the specified results. The Quality Assurance Surveillance Plan (QASP) is to provide Government surveillance oversight of the Contractor’s quality control efforts to assure that they are timely, effective and are delivering the results specified in the contract or task order.

A. QUALITY ASSURANCE PLAN (QAP)

The Quality Assurance Plan (QAP) is developed by the Contractor for its internal use to ensure that it performs and delivers quality service. The QAP shall explain the quality measures the Contractor shall undertake to perform the Performance Work

Statement as proposed and incorporated into the resultant contract. The negotiated

QAP will be used to establish and evaluate performance levels for the AWIPS program. The Contractor’s performance measures are to be defined for the major elements of the technical solution and the process used to gather, evaluate and report actual performance data. The Contractor’s QAP will be used to establish and evaluate performance levels for the AWIPS Program. The appropriate performance measures for each task shall be defined for the major elements of the technical solution, as will the quality control processes used to gather, evaluate, and report actual performance data. The QAP shall provide for growth and continuous improvement of the

Contractor’s performance levels. The QAP shall be subject to modification as agreed to by the parties necessary during contract administration.

B. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Quality Assurance Surveillance Plan (QASP) is the key Government-developed surveillance process document that is applied to Performance-Based Service

Contracting (PBSC) and is used to manage Contractor performance assessment by ensuring that systematic quality assurance methods are utilized to validate that the

Contractor's quality control efforts are timely, effective, and are delivering the results specified in the contract and its task orders. The QASP details how, when and by whom the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine whether the Contractor has met the required standards for each objective.

The QASP is based on the premise that the Contractor, not the Government, is responsible for managing its quality controls and ensuring that performance meets the terms of the contract. The QASP is intended to be a “living” document, and shall be reviewed and revised as performance warrants. Consequently, the method and degree of performance assessment may change over time depending on the level of confidence in the Contractor.

E.7. CAR 1352.246-70—PLACE OF INSPECTION AND ACCEPTANCE (APR 2010)

(a) The Contracting Officer or his or her duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place and time of acceptance will be as specified in the task/delivery orders.

(End of Section E)

SECTION F—DELIVERIES OR PERFORMANCE

F.1. FAR 52.252-2—CONTRACT CLAUSES INCORPORATED BY REFERENCE

(FEB 1998)

This contract incorporates one or more of the following Federal Acquisition Regulation

(FAR) 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. The full text of a clause may also be accessed electronically at http://www.acquisition.gov/far/.

(End of clause)

FAR CLAUSE TITLE DATE

52.211-16

VARIATION IN QUANTITY

(Reference FAR 11.703(a))

AUG 1984

52.242-15, ALT I

STOP-WORK ORDER—ALTERNATE I (FOR COST

REIMBURSEMENT TOS)

(Reference FAR 42.1305(b)(2))

APR 1984

52.242-17

GOVERNMENT DELAY OF WORK

(Reference FAR 42.1305(c))

APR 1984

52.247-29

F.O.B. ORIGIN

(Reference FAR 47.303-1(c))

FEB 2006

52.247-34

F.O.B. DESTINATION

(Reference FAR 47.303-6(c))

NOV 1991

F.2. CAR 1352.270-70—PERIOD OF PERFORMANCE (APR 2010)

(a) The period of performance of this contract is from the date of contract award through six (6) years thereafter. If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The Government, at its sole discretion, may elect to exercise two (2) additional optional periods of performance of two (2) years in duration each, for a total of ten (10) contract performance years, if all options are exercised.

(c) The option periods that may be exercised are as follows:

Period Start Date End Date

Option Period I End of Base Period Two (2) Years Thereafter

Option Period II End Of Option Period I Two (2) Years Thereafter http://www.acquisition.gov/far/ https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1141253 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2011_7.html#wp1077438 https://www.acquisition.gov/sites/default/files/current/far/html/52_241_244.html#wp1128884 https://www.acquisition.gov/sites/default/files/current/far/html/52_241_244.html#wp1128884 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_13.html#wp1075619 https://www.acquisition.gov/sites/default/files/current/far/html/52_241_244.html#wp1128909 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_13.html#wp1075619 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1155640 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2047_3.html#wp1078700 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1155803 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2047_3.html#wp1078761

SECTION F—DELIVERIES OR PERFORMANCE

(d) The notice requirements for unilateral exercise of option periods are set out in FAR

52.217-8 and FAR 52.217-9.

F.3. DELIVERY SCHEDULE

Delivery shall be made in accordance with the specifications set forth in Sections

F.4—NOAA Acquisition Manual (NAM) 1330-52.215-70, Schedule Of Deliverables, and

Section C-Description, Specifications, Work Statement, or as otherwise directed by the

Contracting Officer in writing at the Task Order level.

F.4. NOAA ACQUISITION MANUAL (NAM) 1330-52.215-70—SCHEDULE OF

DELIVERABLES

Following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

(See Attachment J.3 - Contract Data Requirements List dated July 08, 2015.)

(End of Section F)

SECTION G—CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER

Timothy Wampler, AWIPS Contracting Officer

National Weather Service Branch

U. S. Department of Commerce/NOAA/EAD

Norfolk Federal Building

200 Granby Street--Suite 815

Norfolk, VA 23510-1811

Telephone: 757.441.6563

Email: timothy.wampler@noaa.gov

G.2. CAR 1352.201-70—CONTRACTING OFFICER'S AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes to any of the requirements of this contract and notwithstanding any provisions to the contrary contained elsewhere in this contract, the said authority remains solely in the Contracting

Officer. In the event that the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.3. RESPONSIBILITY FOR CONTRACT ADMINISTRATION

The Contracting Officer (CO) has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, and other requirements. The CO may delegate certain other responsibilities to authorized representatives or Contracting

Officer’s Representative(s) (CORs), who will be specifically named in the contract if so authorized.

The COR has the authority to monitor the technical progress of the supplies and services that are required to be delivered under the basic contract and each option (including task orders). This includes: visits to the Contractor’s place of performance; meetings;

communications by various means with the Contractor’s personnel; inspection, acceptance, or rejection of the contracted items; and other duties that may be authorized by the CO.

The COR cannot authorize or order the cessation of contract work, nor delete, change, or waive any of the technical requirements or other terms and conditions of the contract.

Should the Contractor desire that change(s) (monetary or otherwise) be made to the contract or task order, a written request to the CO must be submitted for consideration. If appropriate, the change will be effected by a contract modification, after discussions, negotiations or discussions and negotiations.

Whenever a difference of opinion between the Contractor and the COR occurs, the

Contractor shall notify the CO immediately for resolution.

G.4. CAR 1352.201-72—CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(APR 2010)

a. Beraq Azeem is hereby designated as the Contracting Officer's Representative (COR).

The COR may be changed at any time by the Government without prior notice to the

Contractor by a unilateral modification to the Contract.

b. The COR’s contact information is as follows:

NAME: Beraq Azeem

ADDRESS:

Central Processing (W/CP)

U. S. Department of Commerce/NOAA/NWS

1325 East-West Highway

SSMC-2, Room 15130

Silver Spring, MD 20910

EMAIL: Beraq.Azeem@noaa.gov

TELEPHONE NUMBER: (301) 427-9230

c. The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all services delivered, deliverables and reports, and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the

Government or authorize any changes which affect the contract price, terms, or conditions. Any Contractor request for changes shall be referred to the Contracting

Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the

Contractor.

G.5. CAR 1352.216-76—PLACEMENT OF ORDERS (APR 2010)

The Contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

1. Date of order;

2. Contract number and order number;

3. Item number and description, quantity, and unit price or estimated cost or fee;

4. Delivery or performance date;

5. Place of delivery or performance (including consignee);

6. Packaging, packing, and shipping instructions, if any;

7. Accounting and appropriation data;

8. Method of payment and payment office, if not specified in the contract;

9. Any other pertinent information.

In accordance with FAR 52.216–18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

Any duly appointed Department of Commerce, National Oceanic and Atmospheric

Administration Contracting Officer, acting within the scope of their authority.

G.6. INVOICING INSTRUCTIONS

(1) Invoices for fixed price contract line items and the associated task orders shall contain the information required by FAR 52.232-25, “Prompt Payment”, including the contract number, Task Order number, and applicable line item numbers.

(2) Invoices for cost-reimbursement type, Time and Material (T&M), and Labor Hour

(LH) contract line items and the associated task orders shall contain the following:

1. All direct labor charges substantiated by hours and dollars incurred by labor category.

2. All other direct costs (if any) substantiated at the same level as originally proposed.

3. All subcontract costs (if any) substantiated by cost category at the same level of detail as prime costs.

4. All indirect costs based on application of the indirect billing rates applied to the applicable cost bases.

5. Invoicing for Fixed Fee will be specified on individual task orders.

6. Cumulative value to date of all billings against the applicable Task Order.

7. Invoices for Task Orders shall be submitted no more than monthly.

G.7. NAM 1330-52.242-70—SUBMITTAL OF INVOICES

The Contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the Contractor’s invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt

Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts;

or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the Contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

G.8. CAR 1352.237-74—PROGRESS REPORTS (APR 2010)

The Contractor shall submit, to the Government, a progress report every month after the effective date of the contract and every month thereafter during the period of performance.

The Contractor shall deliver progress reports that summarize the work completed during the month, the work forecast for the following month, and report the metrics. The report shall also include any additional information—including findings and recommendations—that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the

Contractor's planned phasing of work by reporting period. Progress reports shall be submitted in the first week of the month following the effective date of the contract, and in the first week of every month thereafter during the period of performance.

G.9. TECHNICAL DIRECTION

Technical Direction applies to other than Fixed Price Task Orders.

a) Performance of the work under this contract shall be subject to the technical direction of the Department of Commerce (DOC), National Oceanic and Atmospheric

Administration (NOAA) Contracting Officer’s Representative (COR). The term

‘‘technical direction’’ is defined to include, without limitation:

1) Providing direction to the Contractor that redirects contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details, or otherwise serve to accomplish the contractual Performance Work

Statement.

2) Providing written information to the Contractor that assists in interpreting drawings, specifications, or technical portions of the work description.

3) Reviewing and, where required by the contract, approving, technical reports, drawings, specifications, and technical information to be delivered by the

Contractor to the Government.

b) The Contractor will receive a copy of the written COR designation from the

Contracting Officer. It will specify the extent of the COR’s authority to act on behalf of the Contracting Officer.

c) Technical direction must be within the scope of work stated in the contract. The COR does not have the authority to, and may not, issue any technical direction that—

1) Constitutes an assignment of additional work outside the Performance Work

Statement;

2) Constitutes a change as defined in the Federal Acquisition Regulation,

3) In any manner causes an increase or decrease in the total estimated contract cost, the fee (if any), or the time required for contract performance;

4) Changes any of the expressed terms, conditions or specifications of the contract; or

5) Interferes with the Contractor’s right to perform the terms and conditions of the contract.

d) All technical direction shall be issued in writing by the COR with a copy to the

Contracting Officer and the Contracting Specialist.

e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through

(c)(5) of this clause, the Contractor must not proceed and must notify the Contracting

Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly.

Upon receiving the notification from the Contractor, the Contracting Officer must—

(b) Advise the Contractor in writing within thirty (30) days after receipt of the

Contractor’s letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract;

(c) Advise the Contractor in writing within a reasonable time that the Government will issue a written change order; or

(d) Advise the Contractor in writing within a reasonable time not to proceed with the instruction or direction of the COR.

f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the

Federal Acquisition Regulation.

G.10. CAR 1352.245-70—GOVERNMENT FURNISHED PROPERTY (APR 2010)

The Government will provide the following item(s) of Government property to the

Contractor. (See the Government Furnished Property List document dated July 08, 2015 in

Section J). The Contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the

Contractor in accordance with provisions of the “Government Property” clause included in this contract.

The Government Furnished Property list may be modified as needed by the Government to accommodate the requirements of this contract. In accordance with the Contractor

Business Systems and the Contractor Property Management System Administration clauses herein, the Contractor will be required to have a system adequate to satisfy the requirements of FAR 52.245-1, Government Property, to receive and manage (control, use, preserve, protect, repair, and maintain) all Government property in its possession.

G.11. CONTRACTOR ACQUIRED PROPERTY

Contractor-Acquired Property (CAP) has the meaning given in FAR clause

52.245-1—Government Property. Upon acceptance by the Government, CAP becomes

Government Furnished Property (GFP). CAP is anything acquired by the Contractor on behalf of the Government with NOAA funds for performance of the contract becomes

Government Property at the end of the contract. At the end of the contract, and the end of each task order, CAP shall be turned over to NOAA. NOAA may assign CAP to other task orders upon the completion of a task order containing CAP.

G.12. CONTRACTOR BUSINESS SYSTEMS

(a) Definitions. As used in this clause—

“Acceptable Contractor business systems” means Contractor business systems that comply with the terms and conditions of the applicable business system clauses listed in the definition of "Contractor business systems" in this clause.

“Contractor business systems” means—

(1) Accounting system, if this contract includes the clause, Accounting System

Administration;

(2) Earned value management system, if this contract includes the clause, Earned

Value Management System;

(3) Estimating system, if this contract includes the clause, Cost Estimating System

Requirements;

(4) Material management and accounting system, if this contract includes the clause, Material Management and Accounting System;

(5) Property management system, if this contract includes the clause, Contractor

Property Management System Administration; and

(6) Purchasing system, if this contract includes the clause, Contractor Purchasing

System Administration.

“Significant deficiency,” in the case of a Contractor business system, means a shortcoming in the system that materially affects the ability of officials of the Department of Commerce to rely upon information produced by the system that is needed for management purposes.

(b) General. The Contractor shall establish and maintain acceptable business systems in accordance with the terms and conditions of this contract.

(c) Significant deficiencies.

(1) The Contractor shall respond, in writing, within 30 days to an initial determination that there are one or more significant deficiencies in one or more of the Contractor’s business systems.

(2) The Contracting Officer will evaluate the Contractor's response and notify the

Contractor, in writing, of the final determination as to whether the Contractor’s business system contains significant deficiencies. If the Contracting Officer determines that the Contractor’s business system contains significant deficiencies, the final determination will include a notice to withhold payments.

(d) Withholding payments.

(1) If the Contracting Officer issues the final determination with a notice to withhold payments for significant deficiencies in a Contractor business system required under this contract, the Contracting Officer will withhold five percent of amounts due from progress payments and performance-based payments, and direct the

Contractor, in writing, to withhold five percent from its billings on interim cost vouchers on cost-reimbursement, labor-hour, and time-and-materials contracts until the Contracting Officer has determined that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer’s final determination.

The Contractor shall, within 45 days of receipt of the notice, either correct the deficiencies or submit an acceptable corrective action plan showing milestones and actions to eliminate the deficiencies.

(2) If the Contractor submits an acceptable corrective action plan within 45 days of receipt of a notice of the Contracting Officer’s intent to withhold payments, and the

Contracting Officer, in consultation with the auditor or functional specialist, determines that the Contractor is effectively implementing such plan, the

Contracting Officer will reduce withholding directly related to the significant deficiencies covered under the corrective action plan, to two (2) percent from progress payments and performance-based payments, and direct the Contractor, in writing, to reduce the percentage withheld on interim cost vouchers to two (2) percent until the Contracting Officer determines the Contractor has corrected all significant deficiencies as directed by the Contracting Officer’s final determination.

However, if at any time, the Contracting Officer determines that the Contractor has failed to follow the accepted corrective action plan, the Contracting Officer will increase withholding from progress payments and performance-based payments, and direct the Contractor, in writing, to increase the percentage withheld on interim cost vouchers to the percentage initially withheld, until the Contracting Officer determines that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer’s final determination.

(3) Payment withhold percentage limits:

(i) The total percentage of payments withheld on amounts due under each progress payment, performance-based payment, or interim cost voucher, on this contract shall not exceed—

(A) Five percent for one or more significant deficiencies in any single Contractor business system; and

(B) Ten percent for significant deficiencies in multiple Contractor business systems.

(ii) If this contract contains pre-existing withholds, and the application of any subsequent payment withholds will cause withholding under this clause to exceed the payment withhold percentage limits in paragraph (e)(3)(i) of this clause, the

Contracting Officer will reduce the payment withhold percentage in the final determination to an amount that will not exceed the payment withhold percentage limits.

(4) For the purpose of this clause, payment means any of the following payments authorized under this contract:

(i) Interim payments under—

(A) Cost-reimbursement contracts;

(B) Incentive type contracts;

(C) Time-and-materials contracts;

(D) Labor-hour contracts.

(ii) Progress payments.

(iii) Performance-based payments.

(5) Payment withholding shall not apply to payments on fixed-price line items where performance is complete and the items were accepted by the Government.

(6) The withholding of any amount or subsequent payment to the Contractor shall not be construed as a waiver of any rights or remedies the Government has under this contract.

(7) Notwithstanding the provisions of any clause in this contract providing for interim, partial, or other payment withholding on any basis, the Contracting Officer may withhold payment in accordance with the provisions of this clause.

(8) The payment withholding authorized in this clause is not subject to the interest-penalty provisions of the Prompt Payment Act.

(e) Correction of deficiencies.

(1) The Contractor shall notify the Contracting Officer, in writing, when the Contractor has corrected the business system’s deficiencies.

(2) Once the Contractor has notified the Contracting Officer that all deficiencies have been corrected, the Contracting Officer will take one of the following actions:

(i) If the Contracting Officer determines that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer’s final determination, the Contracting Officer will, as appropriate, discontinue the withholding of progress payments and performance-based payments, and direct the Contractor, in writing, to discontinue the payment withholding from billings on interim cost vouchers under this contract associated with the Contracting Officer’s final determination, and authorize the Contractor to bill for any monies previously withheld that are not also being withheld due to other significant deficiencies. Any payment withholding under this contract due to other significant deficiencies, will remain in effect until the Contracting Officer determines that those significant deficiencies are corrected.

(ii) If the Contracting Officer determines that the Contractor still has significant deficiencies, the Contracting Officer will continue the withholding of progress payments and performance-based payments, and the Contractor shall…

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