Addendum to 52.212-4.pdf

Addendum to 52.212-4, Additional Terms and Conditions

1.0 This is a firm fixed price contract with cost reimbursable line items.

2.0 INSPECTION AND QUALITY CONTROL:

1. GOVERNMENT INSPECTIONS

(a) Any inspection of the contractor’s work shall be governed by the contract clauses incorporated by reference and the terms and conditions of this contract shall not involve direction or supervision of the contractor’s employees. Only the Contracting Officer will direct compliance or correction of conditions by inspectors.

(b) It is the Government policy that only designated Government contract inspectors such as contractor officer representative (COR) may inspect the contractor’s performance. However, when directed by the Contracting

Officer, the contractor shall provide information to the inspector general or staff assistance personnel to assist in their evaluation of the Kirtland Base Fuels Management requirement.. Moreover, the contractor shall provide information on performance of the contract function, as required by the Contracting Officer, to the HQ AFMC Air

Force Staff to help in resolving various issues.

2. CONTRACTOR QUALITY CONTROL (FIXED PRICE SERVICES)

Pursuant to FAR 52.246-4, “Inspection of Services”, the contractor’s inspection system shall as a minimum: (i) be described in writing; (ii) cover all services to be performed; (iii) address each Services Summary

(SS) item; (iv) specify the contract requirements to be inspected and the frequency of inspections; (v) include a procedure for the correction of defects; (vi) require a record of all inspections made and corrective action taken; (vii) identify, by position(s) the individual(s) to perform the inspections; and (viii) include a procedure for promptly notifying the Contract Administration Office of any changes to the inspection system.

(a) Any inspection of the contractor’s work shall be governed by the contract clauses incorporated by reference and the terms and conditions of this contract shall not involve direction or supervision of the contractor’s employees. Only the Contracting Officer will direct compliance or correction of conditions by inspectors.

(b) COR will perform inspection and acceptance of the Base Fuels Management Services performed at

Kirtland AFB, NM.

(c) It is the Government policy that only designated Government contract inspectors such as CORs may inspect the contractor’s performance. However, when directed by the Contracting Officer, the contractor shall provide information to the inspector general or staff assistance personnel to assist in their evaluation of the Kirtland

Base Fuels Management Services function. Moreover, the contractor shall provide information on performance of the contract function, as required by the Contracting Officer, to the HQ AFMC Air Force Staff to help in resolving various issues.

3.0 INVOICE AND PAYMENT INSTRUCTIONS TO THE CONTRACTOR:

(a) The contractor shall submit a monthly invoice for payment of the work and services performed under this contract for CLINs X001 through X009 and all like option year CLINs.

(b) The contractor shall submit and will be paid monthly for reimbursable CLINs after approval by the

Contracting Officer of satisfactory contractor performance. The contractor shall provide supporting documentation for all costs incurred. Billing should be accomplished within 30 days of costs incurred.

(c) Invoices will be submitted via Wide Area Work Flow to the Contracting Officer through the COR for processing.

WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-RA)

ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS IN ACCORDANCE WITH DFARS

232.7002, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED

UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS

ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area Workflow- Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil. Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Columbus through the DFAS Centralized Customer Service number (800) 756-4571 (select option 2) or faxed to (866) 392-7091. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the

DFAS myInvoice web site at http://www.dod.mil/dfas/contractorpay/myinvoice.html.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES

AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF:

CONTRACT NUMBER:

TYPE OF DOCUMENT: Invoice and Receiving Report (Combo)

CAGE CODE:

ISSUE BY DODAAC: FA9401

ADMIN DODAAC: FA9401

SERVICE ACCEPTOR / SHIP TO: FA9401

PAY OFFICE DODAAC: F03000

4.0 NEW MEXICO GROSS RECEIPTS TAX

(a) New Mexico Gross Receipts Tax (NMGRT) applies to all receipts collected (cost and profit) from engaging in business in New Mexico (NM); selling property in NM; leasing property employed in NM; selling R&D services performed outside NM the product of which is initially used in NM if the contractor has nexus in NM; or performing services in NM.

(b) Offerors are expected to be knowledgeable of the Gross Receipts and compensating Tax Act for the State of

New Mexico in the preparation of their proposal. For assistance, please contact the State of New Mexico Taxation and Revenue Department, P.O. Box 630, Santa Fe NM 87509-0603, or call (505)827-0928 or 0969.

(c) The NMGRT rate currently in effect for Kirtland Air Force Base and applicable to this acquisition is

6.0625%. The Government cannot guarantee that this rate will continue for the life of the contract.

5.0 DISTRIBUTION DATA

The contractor shall submit the Data Requirements/Reports identified in the PWS to the following addresses:

AFNWC/PKOC 377 LRS

Bldg. 20604 Room D-17a N/A

2000 Wyoming Blvd. SE 4600 RANDOLPH AVE SE BLDG 1010

KIRTLAND AFB NM 87117 Kirtland AFB, NM 87117-5663

6.0 RIGHTS OF THE GOVERNMENT TO PERFORM WITH OWN PERSONNEL

The Government reserves the right to perform or supplement contract performance of contract functions with

Government personnel during periods of disaster, war, emergencies, police action, or acts of God.

7.0 SERVICE CONTRACT ACT AND COLLECTIVE BARGAINING AGREEMENT APPLICABILITY

For the Kirtland AFB Base Fuels Management Services, both Service Contract Act (SCA) and Collective

Bargaining Agreement (CBA) wages apply. IAW FAR 22.1002-3 successor contractors performing on contracts in excess of $2,500 for substantially the same services performed in the same locality must pay wages and fringe benefits (including accrued wages and benefits and prospective increases) at least equal to those contained in any bona fide collective bargaining agreement entered into under the predecessor contract. This requirement is self-executing and is not contingent upon incorporating a wage determination or the wage and fringe benefit terms of the predecessor contractor’s collective bargaining agreement in the successor contract.

The current contract is subject to the following Collective Bargaining Agreement (CBA):

CBA between Base Fuels Employees and Communications Workers of America, AFL-CIO. No.7011

8.0 FACILITY CLEARANCE (MAY 1996)

(As prescribed in AFFARS 5315.209)

The offeror must possess, or acquire prior to award of a contract, a facility clearance equal to the highest classification stated on the Contract Security Classification Specification (DD Form 254) attached to this solicitation.

(End of provision)

9.0 SECURITY REQUIREMENTS FOR UNESCORTED ENTRY

The contractor is required to obtain a facility clearance to perform work in those areas as designated and listed on

DD Form 254, DoD Contract Security Classification Specification, attached. Employees working in these areas will be required to have a security clearance. Pending receipt of the facility clearance, contractor employees will be escorted in these areas by Government employees. If security clearance is denied, the contract may be terminated in accordance with the terms of the contract. Any employee denied security clearance will be replaced with an employee who has a security clearance at no additional cost to the Government. Contractor may be required to have http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5315.htm#p5315209 http://www.dior.whs.mil/icdhome/forminfo/FormInfoPage51.htm his/her employees processed to meet investigative requirements under DODR 5200-2, Personnel Security

Program/AFI 31-501, Personnel Security Management Program.

10.0 SAFEGUARDING CLASSIFIED INFORMATION

The contractor shall brief all personnel performing under this contract concerning the safeguarding of classified information as follows:

“If during the performance of their duties contractor personnel accidentally discover or find classified information, they shall immediately notify the Security Forces. Do not release the classified information to anyone other than the

Security Forces unless the Security Forces so directs you. Contractor personnel shall also notify their immediate supervisor. The immediate supervisor shall notify the administrative contract office immediately.”

11.0 SUPERVISION OF EMPLOYEES

The Government shall not exercise any supervision or control over the contractor employees or subcontractor employees performing services under this contract. The contractor’s employees shall be accountable not to the

Government but solely to the contractor who in turn is responsible to the Government. However, the Government reserves the right to order, by letter from the Contracting Officer, the removal from Government installation of any individual for reasons of security or misconduct. Contractor employees shall fully cooperate with all official

Government investigations including, but no limited to, criminal, administrative, civil, and contractual matters.

12.0 ACCIDENT REPORT PROCEDURES

In the event of an accident involving Government personnel or property, the Contractor shall submit a report to the

Contracting Officer in letter form that will include the following:

(a) Time and date of occurrence;

(b) The place of occurrence;

(c) A list of personnel directly involved and;

(d) A narrative description of the accident that includes a chronological order of the accident and circumstances.

13.0 GOVERNMENT DATA – “AS IS”

The accuracy, availability, completeness and condition of all data identified for use or furnished to the contractor are furnished or identified for use on “as is” basis. The Government makes no claims and no warranty whatsoever with respect to the accuracy, availability, completeness, or condition of aforementioned data.

14.0 TRANSITION/PHASE-IN

a) To ensure a smooth transition in the change of work effort from the incumbent contractor to new contractor a transition/phase-in period shall begin on 31 Aug 12, as required by Line Items 0001 and 0002 of the solicitation/contract. The purpose of this period is to:

(1) Observe work accomplished by incumbent employees.

(2) Become thoroughly familiar with work requirements and work procedures.

(3) Obtain security clearances, if required.

(4) Complete training requirements and accomplish necessary training of contractor employees.

(5) Complete the development of necessary work plans/procedures.

(6) Complete the development of quality control plans and procedures.

(b) Include this transition period in the phase-in schedule presented to the Government.

(c) The contractor will be allowed access to the facilities to familiarize supervisors, key personnel and staff with equipment, reporting work scheduling and procedures. However, such access will not interfere with the production efforts of current Government personnel.

15.0 ADDITIONAL INFORMATION ABOUT THE GOVERNMENT BUILDINGS

The buildings marked by ** on the PWS Appendix F, Government Furnished Facilities, of this solicitation are facilities that have the potential to be demolished or consolidated during the terms of this contract. 377MSG/ CE and 377LRS will work together to determine how to best meet the space utilization requirements and give the contractor reasonable notification before changes and/or moves need to be executed.