Clause Changes Amendment 0002.docx

Section I Clause Additions:

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation 52.229-12 Tax on Certain Foreign Procurements 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States

Section H Clause Change:

TSA IV-H017 TASK ORDER PROCEDURES (JAN 2021, AFLCMC/WNS)

The effort identified in the statement of objectives (SOO) of this contract is described in general terms. Performance can be authorized under this contract by issuing individual orders signed by an AFLCMC/WNS Procuring Contracting Officer (PCO) or other AFLCMC PCOs upon approval of the AFLCMC/WNS (Simulators) Division Chief. Order modifications may be issued by AFLCMC/WNS PCOs, authorized AFLCMC PCOs, or Administrative Contracting Officers (ACOs). Modifications to orders will be issued by the PCO or ACO in writing.

Orders shall be issued by the PCO in writing and shall be dated and numbered. They shall set forth as applicable (a) the services, supplies and/or data being ordered and include attachments; (b) the quantities to be furnished; (c) delivery or performance dates; (d) place of delivery or performance; (e) packing and shipping instructions; and (f) funds obligated. Each order will obligate specific dollar amounts for each contract line item number (CLIN) that is applicable for the effort. An order is considered “issued” when the Government deposits the order in the mail/email or hands it to the contractor’s representative.

A ceiling total price or estimated cost shall be established for each order. If the contractor exceeds this price or cost, it is at its own risk. Any changes to the price or cost will be issued in writing, will set forth any additional obligation incurred by the Government, and shall be signed by the PCO in advance of the contractor exceeding the price. The Government reserves the right to use the contract type it deems to be in the best interest of the Government at the time the order is issued; although, the vast majority of the task orders issued will be firm fixed price (FFP). An individual order may have single or multiple contract types.

Not all clauses apply to all contract types or acquisition situations.

Each order shall be issued in accordance with the following procedures:

(a) Prior to the issuance of a Fair Opportunity Proposal Request (FOPR) for an order, the Contracting Officer will determine whether the work required under the proposed order should be set-aside for competition among the TSA IV Small Business contractors. That determination will be coordinated with the Small Business Office and the AFLCMC Small Business Specialist via the Small Business Coordination Record (DD Form 2579) in accordance with DFAR 219.201.

If the decision is to set-aside the order, a FOPR will be issued to the TSA IV Small Business contractors only.

The provisions of 52.219-14 Limitations on Subcontracting (DEVIATION 2020-O0008) apply to only those orders set aside for small business.

(b) The PCO shall furnish the contractor with a FOPR that includes a Performance Work Statement (PWS)/Statement of Work (SOW), the anticipated performance period, and other pertinent information, such as site or location. It is at the contractor’s discretion whether or not to respond to the request. Non-response will not prejudice the award of future orders.

(c) Proposals may be oral or written as stated in the FOPR. Proposal copies shall be submitted to the Government by the date specified in the FOPR. Proposals received after the proposal due date will not be evaluated but will be retained in the official contract file.

(d) For each non-competitive FAR Part 16.505 task order, the contractor shall submit information other than cost or pricing data in support of any proposal up to the certified cost or pricing data threshold, and shall submit certified cost or pricing data, if requested by the PCO.

(e) The cost of preparing any quotation or proposal in advance of receiving a task order FOPR is to be considered a bid and proposal (B&P) cost and therefore is only chargeable to the appropriate indirect cost account. Under no circumstances are such B&P costs to be considered as direct costs chargeable to or reimbursable under a task order that may be issued.

(f) If the proposal is accepted as submitted, the PCO shall unilaterally issue the order. Upon receipt of an order issued hereunder, the contractor, pursuant to such order, shall furnish to the Government services and/or supplies of the type and at the prices as awarded. Orders may be issued at the sole discretion of the Government during the period set forth in the “Options” clause hereof.

(g) If required, the PCO will negotiate with the contractor(s) to resolve problems and determine price. Following negotiations and receipt of contractor(s) required data, the amended proposals shall be evaluated. The order shall be forwarded to the selected contractor for signature. The contractor shall sign and return the order with an original signature, title, and date of signature.

(h) The contractor shall segregate each order and individual CLIN costs for accounting purposes. Each order schedule shall be tracked separately and each order shall be reported separately during program reviews. After all effort on an order is complete, the order may be closed by the PCO or the ACO and any and all excess funds may be removed by unilateral modification to the order.

(i) The Government reserves the right to not award an order after requesting an order proposal. Regardless whether an order is awarded or not, the Government shall not be responsible for the contractor’s bid and proposal costs.