Draft Section H Rev1 Clean Copy.docx

SPECIAL CONTRACT REQUIREMENTS

Section H - Special Contract Requirements Table of Contents

H.1. NORMAL WORK HOURS

Contract performance is in accordance with the Performance Work Statement (PWS) and individual task orders and includes shift work as necessary to perform this contract. Contractor hours of operations are up to the discretion of the contractor unless otherwise stated in individual task orders. Normal hours of operations for PEO SOFSA personnel range between 0600 to 1800 hrs. Core hours will coincide with PEO SOFSA management hours of 0800 to 1630 Monday through Friday. Legal holidays observed by the Government include:

· New Year’s Day

· Birthday of Martin Luther King, Jr.

· Washington’s Birthday

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government Agencies.

H.2. SCRAP PROCEDURE

The contractor shall have an approved scrap procedure for the disposal of scrap resulting from production or testing under this contract. The proceeds from the sale of scrap shall be credited to the Government.

DCMA Lexington manages the scrap process and provides oversight. The process is controlled in the Plant Clearance Automated Reutilization Screening System (PCARSS) by the Plant Clearance Officer.

H.3. FINANCIAL RECORDS

DCAA performs other analysis and reviews that require access to the contractor’s financial and accounting records supporting proposed and incurred cost. All financial and accounting records for the prime will be locally accessible by the Government from Bluegrass Station, Lexington, Kentucky as it pertains to this contract and the DCAA responsibilities.

H.4. RESERVED

H.5. PROCEDURES FOR TASK ORDERS

*NOTE* The Government may unilaterally deviate from these procedures at any time.

General.

The Government will determine the most appropriate task order contract type/pricing arrangement (e.g. FFP, CPFF, etc.) for each effort. The contractor shall perform in accordance with the awarded task order including all terms and conditions of the basic contract and any additional specific information awarded at the order level. Task orders may include option year periods. The process for exercising task order options is included below.

Government Task Order Request for Proposal (TO RFP) Content and Transmission.

When the Government has a requirement for work to be performed, the Contracting Officer will issue a TO RFP containing: (1) an Instruction to Offeror (ITO) providing instructions for proposal submissions and general guidance, (2) the work to be performed via a Performance Work Statement (PWS), Statement of Work (SOW), Statement of Objectives (SOO), or other document that describes the Government’s requirements, and (3) any other information considered to be of assistance to the contractor in preparing a proposal. Unless otherwise specified in the ITO, the contractor shall have 20 calendar days to submit its proposal.

Obligations.

Issuance of a TO RFP does not obligate the Government to issue a corresponding task order under this contract, nor does it authorize the contractor to perform any work pursuant to such TO RFP prior to the contractor’s receipt of an authorized Notice to Proceed by a warranted Contracting Officer or issuance of a formal task order.

Urgent Requirements/Quick Reaction.

Some requirements may require faster than normal submission timelines (quick reaction orders, urgent or unplanned requirements, etc.). In the event of an urgent requirement, the contractor shall provide a written proposal within the timeframe specified by the Contracting Officer in the specified format.

Ordering Authority.

Task orders under this IDIQ will be issued only by PEO SOFSA Business Management Division (BMD) and its Contracting Officers, who are responsible for the overall contract and all task orders. Ordering Authority has NOT been granted to any other SOF AT&L or PEO SOFSA division.

Submission of Task Order Proposals

Formats and File Naming Conventions:

All task order proposal submissions require a very short naming convention in order for the Contracting Officer to open the documents within the official electronic contract files.

Format of the task order proposal submission shall be as follows:

· Text size shall be no smaller than what is equivalent to Microsoft Word, Times New Roman, 11 point, uncompressed font for Technical volumes.

· Pages shall be single sided, one and one half spaced, with a minimum of one inch margins on all sides.

· Pages shall be dated and numbered sequentially starting with page 1 per document. Technical Volume (10 pg limit + PWS) and Cost/Price (10 pg limit + excel files).

· Legible tables, charts, graphs and figures shall be used when necessary to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible and shall not exceed 11 by 17 inches in size. For tables, charts, graphs and figures, the text shall be no smaller than 8 point Arial font.

· Electronic submissions must be in Microsoft Office or in a software format that is compatible with that used by the Contracting Officer at the time of proposal submission. Any changes, as a result of negotiations, will be conformed and have changed information clearly marked by a vertical line in the right margin.

Proposal Content:

Unless the ITO indicates otherwise, proposals will consist of a technical volume and a cost/price volume. Alternate task order proposals are only allowed if stated in the ITO or agreed to by the Contracting Officer.

Technical Volume:

The contractor shall submit a technical volume describing the contractor’s technical and management approach to meet the applicable task order requirements. The approach shall clearly address the following areas: overall discussion of the contractor’s task order management approach, technical, personnel, material, travel, and innovative approach information as required to meet the requirement. When a SOO is provided, the contractor shall propose a PWS or SOW. When a Service Delivery Summary (SDS) table is provided in the SOO, the contractor shall incorporate it into its proposed PWS or SOW.

The contractor shall conform to all security requirements as specified in each task and as detailed in the contract DD Form 254. *NOTE* Per PWS paragraph 6.1, a separate task order DD Form 254 may be provided with the TO RFP if the security requirements differ substantively from the contract DD Form 254.

Cost/Price Volume:

The contractor shall submit a cost/price proposal, which shall include pricing for all CLINs as well as a total. Submission of the cost/price data shall be complete and accurate and in accordance with FAR 15.406-2 when applicable. Each ITO will inform the contractor of the contract type. The proposed cost/price shall be inclusive of all direct (i.e., direct labor, material, travel, and ODC) and associated indirect costs plus profit related to the task order. The contractor shall submit certified cost and pricing data when required. When certified cost and pricing data is not required, the contractor shall submit information other than cost or pricing data. The contractor shall show a clear buildup of all direct and indirect costs being proposed, to include fee. All indirect rates proposed shall be based upon the business unit’s forward pricing rate agreement (FPRA), forward pricing rate recommendation (FPRR), or forward pricing rate proposal (FPRP) that is in effect at the time of the task order proposal submission.

*NOTE*: Reference H.15 regarding the application of the indirect ceiling rates in the first year of performance. The contractor shall show all formulas and calculations used in the cost/price proposal such that Government re-creation of the proposal will be possible. All files noted in the Cost/Price Volume must be delivered as attachments and all supporting information (artifacts) must tie to the Cost/Price Volume.

Notice to Proceed on Task Orders:

In time-critical circumstances, after award and prior to the contractor’s receipt of the contractual instrument, the Contracting Officer may direct the contractor in writing, verbally, or electronically, to commence performance of a task order. If verbally authorized to proceed, the authorization will be confirmed as soon as practical via electronic means by the Contracting Officer. Otherwise, the contractor is not authorized to commence performance prior to the issuance of the task order or other written or electronic notice provided by the Contracting Officer. In no case shall the contractor commence work without explicit approval from the Contracting Officer.

Option exercises at the task order level will be accomplished in accordance with FAR subpart 17.207. Task order option periods will be outlined in each ITO. In accordance with FAR 17.207, the Contracting Officer must make certain determinations prior to exercising any options. Accordingly, prior to exercising a task order option the contractor may be required to provide supporting data (e.g. market research, pricing data) to assist the Contracting Officer with the determinations.

Task Order Completion:

Upon completion of a task order, an authorized representative of the contractor shall certify in writing to the Contracting Officer that the task order is completely billed, remaining dollars of said amount can be de-obligated (if applicable), and all deliverables have been received and accepted by the Government. This information will be used as part of the final required documentation for task order closeout. The final closeout proposal shall include itemized Accounting Classification Reference Number (ACRN) de-obligations at the CLIN level per task order level. CPFF task orders will be closed out in accordance with DCMA and DCAA procedures.

Material CLINs:

All prime contractor material costs, excluding labor associated with procurement, shall be captured in standalone CPFF or FFP designated material CLINs. Proposed material shall be supported by a contractor bill of material (CBOM). Subcontractor cost shall not be captured in this CLIN.

Proposal Preparation Costs:

TO proposal costs shall be direct charges to the task order and funded at contract award. In the event a TO RFP is cancelled prior to award, proposal preparation costs will be managed in accordance with the contractor’s disclosure statement practices.

Travel CLINs:

There shall be no fee or profit applied to any travel costs (at any tier) performed under this contract.

H.6. DRUG-FREE WORK FORCE DFARS 252.226-7003 (AUG 2024) EDITED)

(a) Definitions.

(1) “Employee in a sensitive position,” as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security, health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.

(2) “Illegal drugs,” as used in this clause, means controlled substances included in Schedules I and II, as defined by section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter 13 of that Title. The term “illegal drugs” does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

(b) The contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force.

(c) Contractor programs shall include the following, or appropriate alternatives (except for paragraph (c)(4)(ii) which shall be followed as written):

(1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and coordination with available community resources;

(2) Supervisory training to assist in identifying and addressing illegal drug use by contractor employees;

(3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues;

(4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis. Employee drug testing programs shall be established taking account of the following:

(i) The contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the contractor based on considerations that include the nature of the work being performed under the contract, the employee's duties, the efficient use of contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.

(ii) The contractor shall administer a random drug screening program to include aviation flight crewmembers, air traffic controllers, and aviation personnel in positions in which the duties include dispatching, safety inspections, quality technical inspections, or the repair and maintenance of aircraft under this contract. Random drug screening shall occur not less than monthly. The screen rate will achieve 50% of the above described positions annually. This is in concert with and shall not interfere with current screening required by security positions, as a function of security clearance requirements, or those positions that are already identified as sensitive positions. Random drug testing will use a scientifically valid system of selecting a portion of the testing pool without individualized suspicion that a particular individual is using illicit drugs.

(iii) In addition, the Contractor may establish a program for employee drug testing—

(A) When there is a reasonable suspicion that an employee uses illegal drugs; or

(B) When an employee has been involved in an accident or unsafe practice;

(C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use;

(D) As part of a voluntary employee drug testing program.

(iv) The Contractor may establish a program to test applicants for employment for illegal drug use.

(v) For the purpose of administering this clause, testing for illegal drugs may be limited to those substances for which testing is prescribed by section 2.1 of Subpart B of the “Mandatory Guidelines for Federal Workplace Drug Testing Programs” (53 FR 11980 (April 11, 1988)), issued by the Department of Health and Human Services.

(d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such time as the contractor, in accordance with procedures established by the contractor, determines that the employee may perform in such a position.

(e) The provisions of this clause pertaining to drug testing programs shall not apply to the extent they are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter, the contractor agrees that those issues that are in conflict will be a subject of negotiation at the next collective bargaining session.

H.7. SUBCONTRACTING REQUIREMENT

The magnitude of this contract may require the contractor to team, partner, and/or subcontract with other business concerns (large and small). The Government has set a small business subcontracting requirement of 30%, and other socioeconomic mandates as indicated in the chart in H.8 below, of total funded value (less OCONUS task orders) for this contract. The contractor will be required to meet and maintain this requirement throughout the life of the contract. The contractor shall submit documentation supporting actual total contract dollars subcontracted to small business concerns in accordance with FAR 52.204-10 and FAR 52.219-9, Alt II. The contractor’s meeting of the minimum small business subcontracting requirements identified in H.8 below will be evaluated by the Government as part of a determination of past performance compliance for exercising an option period on the contract. If the contractor fails to meet the minimum small business subcontracting requirements identified in H.8, the Government shall be entitled to a unilateral reduction on contract price in an amount that, considering the circumstances, is determined to be equitable by the Contracting Officer (see Clause H.9). Additionally, the contractor should maintain a greater than one “bench” for supply sources that provide various supplies, parts, materials, products, etc. where possible.

H.8. SMALL BUSINESS MANDATES

The contractor's approved small business subcontracting plan is a material requirement of this contract IAW FAR 52.219-9 Alt II. The subcontracting levels stated in the approved plan are the minimum requirements of the contract. The percentages stated in this clause are not goals; they are mandatory requirements. For task orders or task order modifications where >50% of the work is performed outside the continental United States (OCONUS), those dollars will be excluded from the requirement for the 30% Small Business mandate. The minimum mandatory requirements are a percentage of total contract dollars (less OCONUS task orders). To meet the mandatory requirements, only tier 1 subcontractors shall be included in the calculation. CONUS is defined as the continental 48 states, Alaska, Hawaii, and all us territories and commonwealths.

There are no mandatory contractual requirements to subcontract to National Industries for the Blind (NIB) firms. The Government is however offering an incentive to encourage the prime contractor to provide subcontracting opportunities to NIB. For each percentage point or fraction thereof subcontracted to a NIB or SourceAmerica firm, the prime contractor shall receive a corresponding 2 for 1 credit toward their total 30% Small Business mandate for the next reporting period. Example, NIB receives 1% of the total contract dollars during the base period of the contract. The prime contractor will have already met 2% of their total Small Business subcontracting mandate.

Due to the limitations of eSRS, the total contract dollars reported in the annual subcontracting reporting in eSRS will include all task orders (CONUS and OCONUS). Therefore, in addition to the required annual subcontracting reporting in eSRS and in order to accurately report the percentages subcontracted to small businesses for the purposes of determining if the contractor complied with the specified mandated percentages and AbilityOne set asides, the contractor shall provide a separate report (known as the SOF GLSS Small Business Subcontracting Report, B004) to the Contracting Officer and SOCOM Director of Small Business on an annual basis. This report shall include a breakout of the dollar amounts and percentage of total contract dollars awarded to small businesses just as reported in eSRS, however, with the exclusion of OCONUS task orders. Additionally, this separate report shall include an overview of the services set aside for AbilityOne, and identify any NIB subcontracts as a percentage of total contract dollars (less OCONUS task orders).

1 Included in 30%

2 Interior facility maintenance (PWS paragraph 4.2.2.2) and custodial services (PWS paragraph 4.2.2.1) shall be set aside for AbilityOne

It is recommended that small businesses be registered in SAM.gov, but not required per FAR 52.219. The Dynamic Small Business Search (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm) be utilized as well.

H.9. FAILURE TO MEET THE SMALL BUSINESS MANDATES

The evaluation of small business subcontracting performance and the determination if the contractor is meeting the mandatory requirements identified in H.8 above will be conducted annually in conjunction with the submission of subcontracting reports in eSRS and the separate report detailed in H.8 above.

At the end of year two of the base period and every annual reporting period thereafter, if the contractor does not meet the overall Small Business subcontracting mandate of 30% and at least three of the subcategory mandated percentages and/or set aside, the Government shall take a reduction of 10% of negotiated profit/fee on all task orders issued during that contract year. The determination to take this action shall be based solely on the annual submission by the contractor of the SOF GLSS Small Business Subcontracting Report and the Government's subsequent review of such report thereafter.

If the Government elects to take the 10% reduction, it will be processed as an across-the-board reduction and applied to all task orders issued during the contract year from which the SOF GLSS Small Business Subcontracting Report applies. The PCO will coordinate this action with the local DCMA office.

H.10. THIRD PARTY CONTRACTING

The contractor is authorized to propose, contract with, and perform work for third parties utilizing the Government facilities operated by the contractor to perform the work under this contract subject to the following:

1. Third Party contract work will be limited to projects conducted in support of SOF hardware or projects for the Department of Defense, Homeland Security, or overseas contingency operations related activities. This could also include Foreign Military Sales and sales to foreign militaries directly involved in supporting US forces.

2. The annual project cost ceiling for work as described in this section is $250,000,000 to ensure non-interference with work performed under this contract. All third party work will be performed on a non-interference basis and cannot impede or adversely affect any work on this contract. The $250,000,000 ceiling will be calculated using the value of orders received under this section. This will be tracked via CDRL B002 and reported quarterly in order to ensure that the ceiling is not exceeded.

3. The contractor shall obtain prior approval before entering into any contracts for third party work from the Business Management Division (BMD) Chief or his/her designated representative. If a representative is designated, the contractor will be formally notified in writing. Upon receipt of information that may lead to a third-party contract, the contractor shall notify the BMD Chief or designated representative of the scope and rationale for performing the work and receive approval to continue with the analysis and proposal.

4. The contractor shall apply indirect rates as applicable to all third-party work performed per section H.15. By doing so, the contractor and Government expect the contractor’s indirect rates to decline for work on this contract. Reduction of the indirect rates will result in cost savings for the Government and serve as compensation and fair rental for use of the Government facilities and utilities as described by FAR 45.301 Use and Rental.

H.11. HAZARDOUS DUTY PREMIUM

The contractor is authorized to include in task order proposals and bill the Government as an allowable cost Hazardous Duty Premium not to exceed the current State Department premiums for personnel deployed to OCONUS hardship and hazardous duty locations regardless of base salary or hourly wage. This Hazardous Duty Premium is in lieu of the Allowance rates for Post Hardship Differential (5 U.S.C. 5925) and Danger Pay (5 U.S.C. 5928) payable to personnel deployed to OCONUS hardship and hazardous duty locations.

H.12. COMMON ACCESS CARDS FOR CONTRACTOR PERSONNEL

(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who require logical access to Department of Defense computer networks and systems.

(b) Contractors and their personnel shall follow the procedures outlined in the Mission Partner Identity, Credential, and Access Management (MP ICAM) users guide.

(c) During the performance period of the contract, the contractors should immediately report loss or theft of their CAC to the MPAS.

(d) The contractor will notify PEO SOFSA Mission Partner Affiliation Sponsor Manager (MPASM) when an employee is departing and/or will no longer be supporting a PEO SOFSA Task Order and no longer requires a CAC. Personnel who are not actively supporting a PEO SOFSA contract or task order are not permitted to retain a CAC issued by PEO SOFSA Trusted Agents.

(e) In the event that an employee separates without prior notice (quits or is terminated) the contractor will immediately notify the PEO SOFSA MPASM, who will take immediate action to revoke the employee’s CAC.

(f) The contractor will collect the CAC of all employees who separate or who are no longer supporting PEO SOFSA. The contractor will return the CACs to the local RAPIDS Office within 15 days of collection. The contractor will notify the PEO SOFSA MPASM within three business days of the date the employee separated and the date the CAC was returned to the RAPIDS Office.

(g) For employees not located in the local area, the contractor will instruct the departing employee to return the CAC to the RAPIDS Office, obtain a receipt for the CAC, and mail a copy of the receipt to the contractor. If this is not possible, the employee will be instructed to send the CAC to the contractor, who will then return it to the RAPIDS Office.

(h) For various reasons, employees may be laid off for short periods but are expected to return to work. In these instances, the contractor will collect and retain the CACs until the employee returns to work. The CAC will not be deactivated.

H.13. SPECIAL ALLOCATION

The Special Operations Forces Support Activity (SOFSA) will from time-to-time fund task orders for procurement of labor, supplies, and material in support of prime contract management functions as described in section c, Performance Work Statement. Contractor and Government will agree in advance on the applicability of this Special Allocation section to a particular Task Order prior to receipt of the Task Order request for proposal. In accordance with Cost Accounting Standards 410 and 418, the contractor shall create a special allocation applicable only to these prime contract management task orders. This special allocation shall apply only to Fringe, Labor Overhead, General and Administrative (G&A), and applicable Material Handling (MHX) burdens to these task orders. Any such task orders receiving the special allocation shall not be counted within the rate base of any indirect rates except for Fringe, Labor Overhead, G&A, and MHX.

H.14. TRANSFER OF BUSINESS UNIT EXECUTING THE CONTRACT

(a) The contract award was based on the cost structure of the (to be defined at time of award) business unit. It is in the Government’s best interest that the work performed under the contract remains with this business unit. The contractor agrees that there will not be a transfer of the contract to another business unit without compliance with the following:

(1) Clear and substantive proof is provided that the transfer is in the best interest of the Government.

(2) All requests for transfer must be in writing and provide a detailed explanation of the circumstances necessitating the change. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.

(3) If the Contracting Officer determines that transfer request is not acceptable or that the operations of the current business unit would be so substantial as to impair successful completion of the contract, and if the Contractor then proceeds with the transfer anyway, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, and will consider when assessing performance prior to exercising an option year.

H.15. LIMITATIONS ON INDIRECT COST RATES

a) Pursuant to FAR 42.707, an indirect cost rate ceiling is incorporated into the contract. "Indirect cost" is defined as set forth at FAR 31.001 and 31.203. "Indirect cost rate" is defined as set forth at FAR 42.701.

b) Notwithstanding the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), the allowable indirect cost under this contract shall be obtained by applying limitations on indirect cost rates to bases agreed upon by the parties, as specified below.

c) Allowability of costs and acceptability of cost allocation methods shall be determined and payable in accordance with FAR Subpart 31.2, FAR 52.216-7, in effect on the date of this contract, as limited by the indirect ceiling rates in year 1 established by contract terms..

d) For the first year of contract performance (defined as 15 January 2027 to 31 December 2027), the indirect cost rates contained in the Contractor's accepted contract proposal shall be incorporated into this clause as limitations on indirect cost rates for the first year of contract performance. The basis to which the indirect cost rates apply shall be those contained in the Contractor's accepted contract proposal and hereby, incorporated into this clause, in accordance with the Contractor's accounting system upon which its proposal was based.

e) The Government will not be obligated to pay any additional amount should any final indirect cost rates for the first year of contract performance exceed the indirect rates incorporated into this clause as a result of increased indirect pool costs incurred. In the event any of the Contractor's final indirect cost rates are less than the indirect cost rates incorporated into this clause as a result of decreased indirect pool costs incurred, the incorporated rates shall be reduced to conform with the lower rates. Adjustments due to actual indirect base costs incurred may be upward or downward.

f) The limitations on indirect cost rate shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract.

g) The limitations on the indirect cost rate shall apply to all work performed under the contract in the first year of contract performance, and to all change orders and supplemental agreements, including changes due to growth, supplemental, emergent and new work in the first year of contract performance.

h) Notwithstanding any of the terms of this requirement, should the Contractor initiate a change to its accounting systems which would alter the composition of any overhead base or pool affected by this requirement, the Contracting Officer and Contractor shall negotiate to determine the indirect cost rate ceilings to be applied to the new overhead pools, provided that no agreement shall be made which would increase the costs paid by the Government under this contract.

i) Unreimbursed costs resulting from application of the provisions of this clause shall not be charged to any other direct or indirect cost account in such a manner as to result in recoupment of the unreimbursed costs on this or any other Government contract or assistance agreement.

j) The Contractor will be required to submit a Forward Pricing Rate Proposal (FPRP) to DCMA and DCAA IAW FAR 42.1701(b) and DFARS 215.403-5 covering the subsequent period(s) beyond the first year of contract performance not later than 90 calendar days before the Contractors accounting year start (if forecasted annually).

H.16. 5652.209-9003 – USE OF CONTRACTOR SUPPORT/ADVISORY PERSONNEL (2015)

The contractor’s attention is directed to the fact that USSOCOM contracts for various IT, business, acquisition, technical, and staff support services, some of which require support contractor access to proprietary information submitted by other contractors during administration of this contract. Execution of this contract constitutes approval to release the contract, contractor proposals, other contractor information, or proprietary data obtained during contract administration to Government Support Contractors who require access and have signed Non-Disclosure and Rules of Conduct/Conflict of Interest Statements.

H.17. 5652.237-9001 – KEY PERSONNEL REQUIREMENTS

1. Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

0. If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer or an authorized representative, promptly replace personnel with personnel of equal ability and qualifications.

0. All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.

1. If the Contracting Officer determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.

H.18. APPLICABILITY OF EVMS 10 April 2018 Applicability of Earned Value Management System and DFARS 252.234-7002 Earned Value Management System (Jan 2025) by Task Order.

Formal Earned Value Management (EVM) in accordance with DFARS 252.234-7002 will be required when all elements listed below are present and/or task order adherence is required:

1. Task Orders which are not Level of Effort (LOE), Services or Firm Fixed type contracts (Ref. DOD Instruction 5000.02 Enclosure 2 paragraph 6c).

2. Task Orders with an initial contract value greater than or equal to $20 million IAW 252.234-7002 DEV 234.201 Paragraph 1i.

3. Task Orders with 18 months or greater period of performance (Ref. DOD Instruction 5000.02 Enclosure 1 paragraph 5d).

4. Task Orders with an Integrated Program Management Report (IPMR) requirement/CDRL. The IPMR DI-MGMT-81861 can be tailored by the task order requirements to exclude specific Contract Performance Report (CPR) formats and/or alter the submitted document format and contents.

Task Orders where applicability does not apply will not require formal Earned Value Management (EVM) wholly compliant with ANSI/EIA-748 guidelines, unless otherwise specified in the solicitation and task order award. At a minimum, for task orders that are not Firm Fixed type contracts, financial variances will be reported monthly on the Cost/Schedule Status Report (CDRL P002).

H.19. NON-MFP11

The Program Executive Office Special Operations Forces Support Activity (PEO SOFSA) is responsible for payment to the Commonwealth of Kentucky for Bluegrass Station building leases, communication services, and utilities cost. These facilities costs are centrally resourced from Major Force Program 11 (MFP-11) Special Operations Forces funding on a fiscal year (FY) basis. Non MFP-11 funded activities that use this contract do not contribute to facilities costs. The establishment of the Non MFP-11 Rate, in accordance with the Federal Acquisition Regulation (FAR) 9904.418-50(g), allows Non MFP-11 funded activities to contribute to the facilities costs. The Contractor shall apply a Non MFP-11 Charge to allocate facilities costs to Non MFP-11 funded activities using this contract.

The contractor will administer the Non MFP-11 Charge as described herein. The Non MFP-11 charge is applied to Total Cost on task orders, Contract Line Item Number (CLIN) or sub-CLIN with non MFP-11 funding prior to G&A expenses and is not eligible for profit or fee. PEO SOFSA will identify in the Statement of Objectives (SOO) or tasking letter whether a task order, CLIN or sub-CLIN is categorized as MFP-11 or Non MFP-11. The Non MFP-11 charge is derived from the PEO SOFSA annual facilities costs (numerator) and the estimated annual SOF GLS G&A business base (denominator) [Annual (FY) PEO SOFSA facilities expense / Annual (CY) G&A Business Base].

PEO SOFSA and the Contractor will coordinate payment instructions and schedule. PEO SOFSA will issue the Contractor facilities expense invoice(s) as coordinated. The annual facilities expense amount is determined by PEO SOFSA Financial Management Division (FMD) based on fiscal year requirements and estimated utility costs. PEO SOFSA FMD is responsible for determining if adjustment(s) to the facilities expense is required based on actual expenses. The SOF GLSS business base is derived from the active Forward Pricing Rate Recommendation. Non MFP-11 Charge monitoring and subsequent adjustments will comply with FAR 9904.418-50(g)(4) and (5). The Contractor shall immediately submit to the Administrative Contracting Officer, Defense Contracting Management Agency; the local Defense Contract Audit Agency office; and, PEO SOFSA FMD any significant changes or other information that may affect the validity of the allocations contained in this clause.

The monies collected by the application of the pool shall be used to pay the Commonwealth of Kentucky a portion of the building leases, communications services, and utilities costs.

H.20. MODIFICATION OF DFARS 252.245-7005 (b)(3) This local clause modifies DFARS 252.245-7005 (b)(3) to give the contractor 30 days versus 7 days to update the status of the property to the GFP module for the SOF GLSS 2 IDIQ and individual Task Orders. See below change.

FROM

In complying with paragraphs (b)(1)(i) through (iv) of this clause, the Contractor shall report the updated status of the property to the GFP module within 7 business days of the date the change in status occurs, unless otherwise specified in the contract.

TO

In complying with paragraphs (b)(1)(i) through (iv) of this clause, the Contractor shall report the updated status of the property to the GFP module within 30 business days of the date the change in status occurs, unless otherwise specified in the contract.

H.21. AUTHORITY FOR ACO TO APPROVE 2-IN-1 INVOICES

The DCMA ACO is delegated authority to approve 2-In-1 Invoices for payment of Firm-Fixed Price "Non-MFP11" invoices in Wide Area Workflow. Written approval from the SOFSA PCO or appointed COR is required to be obtained and is to be uploaded in WAWF as part of the approval process.