HC1028-11-R-2010 Final RFP 24 Jan 11.pdf
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- Final RFP DISA Test & Evaluation Mission Support Services Federal contract opportunity
- Solicitation number
- HC1028-11-R-2010
- Issued by
- Defense Information Systems Agency
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CODE
(Hour)
PAGE(S)
until 05:00 PM local time 10 Mar 2011
X
A
X B
X C X D
EX
X
G
F 183 - 184
185 - 244 X H 245 - 259
Mardell.miller@disa.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 259
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
HC1028 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
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 see Sec L 2.4 conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
MARDELL I. MILLER 520-538-0372
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 13
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
14 - 44
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 48 - 55 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 56 - 121 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance 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 price 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
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
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 AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
122 - 180
PART II - CONTRACT CLAUSES
DISA/DITCO-SCOTT-PL8315
JITC SUPPORT SECTION
2001 BRAINARD ROAD, BLDG 57305
FT HUACHUCA AZ 85613
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
181 - 182
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
24 Jan 2011
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
HC1028-11-R-2010
Section B - Supplies or Services and Prices
SEC B SUPPLIES AND SERVICES
Section B Supplies or Services and Prices
There is a guaranteed contract minimum of $100,000.00 for the contract base period only. Does not apply to option periods.
Maximum contract value for the life of the contract is $___________.
Contract ordering period consists of a one (1) year base period and four (4) one (1) year option periods.
ITEM
NO
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
0001 Dollars, U.S.
Phase In
FFP
3 month period - to include transfer and inventory of government furnished equipment (GFE), transfer of the following: personnel hires, active purchase orders for maintenance/lease agreements, and issuance of new JITC badges and CAC cards. See PWS Section 4.1 for further information. Percentage of completion shall be 33% within the first month, 66% within the second month and 100% within the final month.
FOB: Destination
NET AMT
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
0002 Dollars, Fixed Price Services
Base Period (One Year Ordering Period) - fixed price services to support the mission functions of DISA Test and Evaluation Mission Support Services during the base period. The contractor shall provide services IAW the Performance Work Statement (PWS) incorporated herein Section C.2 Scope.
Includes ODC’s such as equipment, materials, travel, training, shipping, freight, contractor acquired facilities, and other services.
Premium pay is limited to Service Contract Act (SCA) personnel only.
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
0003 Dollar s, U.S.
Cost Reimbursable Services
CPFF
Base Period (One Year Ordering Period) - cost reimbursable services to support the mission functions of DISA Test and Evaluation Mission Support Services during the base period. The contractor shall provide services IAW the Performance Work Statement (PWS) incorporated herein Section C.2 Scope.
Includes ODC’s such as equipment, materials, travel, training, shipping, freight, contractor acquired facilities, and other services.
Premium pay is limited to Service Contract Act (SCA) personnel
No profit shall be paid on ODCs, however applicable DCAA approved indirect rates are authorized. ODCs must be purchased in accordance with the Contractor's approved Purchasing System and Section H.18 Contractor Purchasing Procedures, as applicable. The Contractor will provide ODCs on a cost reimbursement basis only.
Overtime (OT) Premium is not subject to fixed fee. Premium pay is limited to Service Contract Act (SCA) personnel only. Overtime must be authorized at the task level.
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
1002 Dollars, OPTION Fixed Price Services
Option Year 1 (12 month ordering period) - fixed price services to support the mission functions of DISA Test and Evaluation Mission Support Services during the first option period. The contractor shall provide services IAW the Performance Work Statement (PWS) incorporated herein Section C.2 Scope.
Includes ODC’s such as equipment, materials, travel, training, shipping, freight, contractor acquired facilities, and other services.
Premium pay is limited to Service Contract Act (SCA) personnel
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
1003 Dollar
OPTION Cost Reimbursable Services
Option Year 1 (12 month ordering period) - cost reimbursable services to support the mission functions of DISA Test and Evaluation Mission Support Services during the first option period.
The contractor shall provide services IAW the Performance Work accordance with the Contractor's approved Purchasing System and
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
2002 Dollars, Option Year 2 (12 month ordering period) - fixed price services to support the mission functions of DISA Test and Evaluation Mission Support Services during the second option period. The contractor shall provide services IAW the Performance Work Statement (PWS) incorporated herein Section C.2 Scope.
Includes ODC’s such as equipment, materials, travel, training, shipping, freight, contractor acquired facilities, and other services.
Premium pay is limited to Service Contract Act (SCA) personnel
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
2003 Dollar
Option Year 2 (12 month ordering period) - cost reimbursable services to support the mission functions of DISA Test and Evaluation Mission Support Services during the second period.
accordance with the Contractor's approved Purchasing System and
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
3002 Dollars, Option Year 3 (12 month ordering period) - fixed price services to support the mission functions of DISA Test and Evaluation Mission Support Services during the second option period. The contractor shall provide services IAW the Performance Work Statement (PWS) incorporated herein Section C.2 Scope.
Includes ODC’s such as equipment, materials, travel, training, shipping, freight, contractor acquired facilities, and other services.
Premium pay is limited to Service Contract Act (SCA) personnel
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
3003 Dollar
Option Year 3 (12 month ordering period) - cost reimbursable services to support the mission functions of DISA Test and Evaluation Mission Support Services during the second period.
Statement (PWS) incorporated herein Section C.2 Scope, dated.
accordance with the Contractor's approved Purchasing System and
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
4002 Dollars, Option Year 4 (12 month ordering period) - fixed price services to support the mission functions of DISA Test and Evaluation Mission Support Services during the second option period. The contractor shall provide services IAW the Performance Work Statement (PWS) incorporated herein Section C.2 Scope.
Includes ODC’s such as equipment, materials, travel, training, shipping, freight, contractor acquired facilities, and other services.
Premium pay is limited to Service Contract Act (SCA) personnel
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
4003 Dollar
Option Year 4 (12 month ordering period) - cost reimbursable services to support the mission functions of DISA Test and Evaluation Mission Support Services during the second period.
accordance with the Contractor's approved Purchasing System and
SUPPLIES/SERVI
CES
QUANTITY UNIT UNIT PRICE AMOUNT
4004 Dollars, Phase-Out
3 month period - to include transfer and inventory of government furnished equipment (GFE), transfer of the following: personnel hires, active purchase orders for maintenance/lease agreements, and issuance of new CAC cards. See PWS Section 4.2 for further information. Percentage of completion shall be 33% within the first month, 66% within the second month and 100% within the final month.
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
(posted separately in FedBizOpps with RFP)
Section D - Packaging and Marking
CLAUSES INCORPORATED BY FULL TEXT
52.247-9200 PACKAGING REQUIREMENTS (MAR
1996)
(D500 Previously)
Preservation, packaging, and packing of deliverable items called for hereunder shall be in accordance with the contractor's best commercial methods to prevent deterioration and damage during shipment, handling, and storage and to ensure safe arrival at destination.
52.247-9201 MARKING REQUIREMENTS (JUN 1996)
(D501 Previously)
a. Distribution marking shall be in accordance with the latest edition of DOD Directive
5230.24. Technical data submitted with limited rights, restricted rights, and copyrights shall be marked in accordance with DFARS 252.227-7013.
b. For other deliverable items, marking shall be in accordance with MIL-STD-129 current edition, “Marking for Shipment and Storage.”
52.247-9202 SHIPPING INSTRUCTIONS (JUN 1996)
(D502 Previously)
The requirements in the latest edition of DOD Regulation 4500.32-R, Military Standard Transportation and Movement Procedures (MILSTAMP), shall be followed for items shipped overseas through the Defense Transportation System (DTS). Chapter 5-1 of 4500.32-R further requires the contractor to follow marking requirements in MIL-STD 129. If the contractor wishes to review 4500.32-R, he can do either of the following:
a. Write to the Defense Logistics Agency, Attn: DLA-XPD, Alexandria VA 22304-6100 to obtain a copy of the regulation.
b. Contact the Defense Logistics Standards System Office at 703-274-6062 to obtain the nearest agency location which maintains a current copy of the regulation.
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-9 Inspection Of Research And Development (Short
Form)
APR 1984
52.246-16 Responsibility For Supplies APR 1984 252.211-7007 Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry
NOV 2008
Section F - Deliveries or Performance
CONTRACT PERFORMANCE PERIOD
The period of performance for this contract is identified below:
Phase-in:
Base Period:
First option Period:
Second Option Period:
Third Option Period:
Fourth Option Period:
Phase-out:
TBD
CLAUSES INCORPORATED BY REFERENCE
52.242-14 Suspension of Work APR 1984 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984
Section G - Contract Administration Data
CONTRACT ADMINISTRATIVE DATA
SECTION G Contract Administration Data
G.0 SF-294 AND SF-295 REPORTING REQUIREMENTS
(FAR 19.704(a)(10)(iii) and 52.219-9(d)(10))
The requirement for SF-294 and SF-295 reporting shall be accomplished by submitting the Individual Subcontract Report (ISR) and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov; following the instructions in the eSRS.
G.1 CONTRACT MANAGEMENT
CONTRACTOR’S CONTRACT ADMINISRATION AND PAYMENT OFFICE:
Contract Administration Office: Offeror’s office which will receive payment, supervise, and administer the resulting contract (Insert complete address, phone, and facsimile number and email address).
Mailing Address:
Point of Contact:
Telephone Number:
Facsimile Number:
E-mail Address:
Remittance Office (if different than above). See Section I, FAR clause 52.232-33 entitled “Payment by Electronic Funds Transfer-Central Contractor Registration”.
Mailing Address:
Point of Contact:
Telephone Number:
Facsimile Number:
E-mail Address:
G.2 GOVERNMENT CONTRACT ADMINISTRATOR
Administration of this contract shall be performed by:
DISA/DITCO PL8315
ATTN: Contracting Officer Nancy E. Johnson JITC Support Section P.O. Box 12798 2001 Brainard Drive, Bldg 57305 Fort Huachuca, AZ 85613
Contracting Officer: Alternate Contracting Officer:
Nancy E. Johnson Mardell Miller
(520) 538-5529 (520) 538-0372
Nancy.johnson@disa.mil mardell.miller@disa.mil
Primary Contract Administrator:
Mardell Miller
(520) 538-0372 mardell.miller@disa.mil
G.3 INVOICE REQUIREMENT
a. The contractor, who has been approved by the Defense Contract Audit Agency
(DCAA) for direct submission of invoices, shall submit their SF 1034, Public Voucher for Purchases and Services Other Than Personal marked “direct submission authorized” for each submission for payment to Wide Area Work Flow
(WAWF).
b. If the contractor has not been approved by the Government for direct submissions of invoices, the contractor shall submit an original and one copy of the invoice to the DCAA Office who shall certify invoices for services received and shall submit them to the payment office within five (5) working days after receipt. Originals of the final invoice must be forwarded to the DCAA office. The DCAA office will submit the approved final invoice to the payment office no later than twenty (20) working days from receipt.
c. The contractor shall submit the semi-monthly voucher/invoice electronically to JPAS. CFE (Chief, Financial Executive) will review the electronic invoice and return it to the contractor for submission for payment through Wide Area Work Flow. Semi-monthly voucher/invoices shall be submitted the first and third week of the month.
d. Invoices shall be broken down by task order and include all charges to the task.
Details for each task order shall include fee, labor rates, labor categories, name of employees in each labor category, labor hours per category and employee, total labor hours, travel (includes per diem, airfare, and car rental), and ODCs.
e. Copies of all invoices must be posted to the DISA workspace site. The location will be provided upon contract award.
f. At times Action Officers will set priorities for fund cites at the task level.
g. As allowed by FAR 52.216-7, on cost reimbursable tasks contractors are required to withhold 15% of the fixed fee amount on all cost reimbursable tasks until acceptance of final deliverables, at which time the final voucher for all remaining costs shall be submitted for payment. The 15% withhold amount will be identified on each interim voucher until final voucher is submitted.
h. Firm fixed price tasks shall submit invoices in WAWF and payment will be made upon Government acceptance of the DD250 in that system.
i. Failure of the Contractor to comply with the instructions provided herein will be considered as an improper invoice submission and the time period for payment set forth in the terms of the Prompt Payment Act will not commence until receipt of a proper invoice by the DFAS payment office.
j. During the phase-in period, the Government will establish a phase-in task order for each contractor. The phase-in task will cover activities such as hiring of personnel, government furnished property transition, security, office space, employee badges, and management transition. The tasks will not be used for direct work and will be invoiced to the phase-in task.
DCAA Offices:
DCAA – Contractor’s DCAA office information will be inserted upon contract award.
G.4 PAYMENTS TO THE CONTRACTOR
Designated Payment Office:
CODE: HQ0131
DFAS-CO/JAQBAC WAWF HQ0131
HTTPS://WAWF.EB.MIL/
COLUMBUS OH 43213
DFAS Columbus Customer Service Vendor Pay - Columbus Vendor Pay Commercial: (614) 693-8507 Option 2 Toll Free: (800) 756-4571 Option 2
G.5 ACCESS TO CONTRACTOR FACILITIES
The Government Technical Point of Contact (designated on individual task orders) and/or other authorized Government personnel shall be allowed access to the Contractor’s facilities or other work locations utilized under this contract during normal working hours provided the visitor has complied with the visit planning and coordination requirements of FAR 42.402. This does not preclude the Government security personnel, the COR, the property administrator, the contract administrator, and the Contracting Officer, from making unannounced inspections, when required, to ensure compliance with COMSEC plans and directives.
G.6 OVERTIME PREMIUM
All requests by the Contractor for overtime not proposed in the TEP shall be reviewed and approved, in writing, by the Contracting Officer or designated representative prior to the Contractor performing the overtime. Overtime is hours worked over the duty hours stated in G.8, Hours of Operation. For overtime hours worked for both exempt and non-exempt employees, the individual shall be paid no more than time and one-half the employee’s regular hourly rate.
G.7 HOURS OF OPERATION
Contractor employees shall work nor more than 40 hours per week, unless overtime is proposed in the TEP. Those hours shall include the core contract duty hours from 9:00 AM to 3:00 PM Monday through Friday, equating to a 40-hour workweek. The Contractor shall comply with the duty hours established on each task order. A list of contract legal holidays can be found in Section H.7 of the contract. U.S. Government Federal holidays must be observed unless Mission requirements indicate otherwise, as authorized in the task order.
From time to time there will be a requirement to have extended testing to be performed outside of the routine work week. Extended testing may be accomplished by flex-time, shift work, overtime or other arrangement which shall be approved by the Contracting Officer or COR prior to the commencement of performance.
Work is to be accomplished at the authorized Government or Contractor facilities. Work performed other than these locations (e.g. home) shall be approved by the Contracting Officer or COR prior to the commencement of the performance.
G.8 CONTRACT MINIMUM
Contract Minimum Quantity:
The Government agrees to order a guaranteed contract minimum of $100,000 per contract base period.
G.9 INCREMENTAL FUNDING
a. Cost Reimbursable Tasks - This contract is subject to the clause entitled “Limitation of Funds FAR 52.232-22 (Apr 1984).
b. Fixed Price Tasks – Provided the restrictions are met at DFARS 232.703-1, fixed-price tasks may be incrementally funded as required. They will be subject to the clause entitled “Limitation of Government’s Obligation DFAR 252.232-7007 (May 2006).
c. Funding will be provided incrementally at these clauses citing the appropriate accounting classifications at contract award and via contract modifications. The modifications will specify estimated contract amount, obligated amount, and subject to the availability of funds. The obligated amount represents that amount available for payment.
52.222-99 52.222-99 Notification of Employee Rights under the National Labor Relations Act.
NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEVIATION 2010-O0013)(JUN 2010)
(a) During the term of this contract, the Contractor shall post a notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor’s plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relation Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor’s website that contains the full text of the poster. The link to the Department’s website, as referenced in (b)(3) of this section, must read, “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.”
(b) This required notice, printed by the Department of Labor, may be–
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency, if requested];
(3) Downloaded from the Office of Labor-Management Standards web site at www.dol.gov/olms/regs/compliance/EO13496; or
(4) Reproduced and used [as] exact duplicate copies of the Department of Labor’s official poster.
(c) The required text of the Employee Notification referred to in this clause is located at Appendix A, Subpart A, 29 CFR part 471.
(d) The Contractor shall comply with all provisions of the Employee Notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and FAR Subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 471, which implements E.O. 13496 or as otherwise provided by law.
(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for non compliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of Clause)
52.204-9001 Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor-Hours (Jan 2007)
Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.
If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.
(End of clause)
52.232-9000 Wide Area WorkFlow (WAWF)
As prescribed in 232.7004(S-90), use the following clause:
WIDE AREA WORKFLOW (WAWF) (3 OCT 2008)
(a) As prescribed in DFARS clause 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Mar 2008), Contractors must submit payment requests in electronic form. Paper copies will no longer be accepted or processed for payment unless the conditions of DFARS clause 252.232-7003(c) apply. To facilitate this electronic submission, the Defense Information Systems Agency (DISA) has implemented the DoD sanctioned Wide Area WorkFlow (WAWF) for contractors to submit electronic payment requests and receiving reports.
The contractor shall submit electronic payment requests and receiving reports via WAWF. For payment problems related to WAWF, the contractor should contact the Acceptor identified.
(b) Definitions:
Acceptor: Contracting Officer’s Representative, Task Monitor, or other government acceptance official as identified in the contract/order.
Local Processing Office (LPO): Government office responsible for certifying invoices.
Pay Official: Defense Finance and Accounting Service (DFAS) payment office identified in the contract/order.
SHIP To/Service Acceptor DoDAAC: Acceptor DoDAAC or DCMA DoDAAC (as specified in the contract/order).
LPO DoDAAC: Certifying Office DoDAAC (only required when the Payment Office DoDAAC is HQ0251 and the LPO DoDAAC field is marked as mandatory in WAWF).
DCAA Auditor DoDAAC: Used when DCAA invoice approval is required by the contract/order and the field is marked as mandatory in WAWF-RA. (Click the DCAA Audit Office Locator Link in WAWF and enter zip code of your CAGE code address).
(c) WAWF Contractor Input Information - ** IMPORTANT! **
The contractor shall use the following information in creating electronic payment requests in
WAWF:
To create electronic payment requests and receiving reports, go to the following WAWF production website at https://wawf.eb.mil.
Invoice Type in WAWF:
If billing for Materials Only or a combination of Materials and Services, select “Invoice and Receiving Report (Combo)”.
If billing for Services Only, select “2-n-1 (Services Only)” If billing for Cost-Reimbursement, Time-and-Materials, and Labor Hour- Contracts, select “Cost Voucher”
(**Cost Vouchers require invoices to be sent to DCAA for approval, therefore a DCAA DoDAAC is required A letter of “DCAA Approval for Direct Invoice Submittal” is required to be attached to all Direct-Bill Cost Vouchers.**)
Acceptor: TBD at time of award
Ship To/Service Acceptor DoDAAC:
Name:
Phone Number:
E-Mail:
Pay Official: Pay DoDAAC: HQ0131.
For payment processing questions, contact the following DFAS office as specified in the contract/order:
Columbus Center -- 1-800-756-4571 HQ0131 – Option 2, then Option 2
E-Mail Notifications:
For Acceptors: To facilitate payment processing, the contractor shall send an additional e-mail notification to the Acceptor by clicking on the “Send More Email Notifications” link after submitting a document in WAWF.
(d) Points of Contact: See Section G.
(e) Information: Additional DISA WAWF guidance and information for both contractor and government personnel is available at http://www.ditco.disa.mil/hq/WAWF/.
(End of clause)
Section H - Special Contract Requirements
SPECIAL CONTRACT REQUIREMENTS
SECTION H SPECIAL CONTRACT REQUIREMENTS
H.1. NOTICE OF INCORPORATION OF SECTION K
The following section of the solicitation will not be distributed with the contract;
however, it is incorporated in and forms a part of the resultant contract as though furnished in full text therewith:
SECTION TITLE
K REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS
H.2 INSURANCE
a. Pursuant to the contract clause in Section I, entitled “INSURANCE-LIABILITY TO THIRD PERSONS (Mar 1996), FAR Clause 52.228-7,” the contractor shall at all times during the performance of this contract, unless otherwise directed or approved by the Contracting Officer, carry insurance of the types and in the minimum amounts set forth below:
b. Worker’s Compensation and Employer’s Liability Insurance: $100,000;
Comprehensive General Liability Insurance: $500,000 per occurrence; and Comprehensive Automobile Liability Insurance IAW FAR Clause 52.228-8 Liability & Insurance-Leased Motor Vehicles (May 1999):
$200,000 per person;
$500,000 per occurrence for death or bodily injury; and $20,000 per occurrence for property damage
c. The contractor shall furnish the Contracting Officer proof of insurance, prior to the commencement of work. The proof will contain a written statement including the nature of the polices, the names of the insured, and the number, amounts, and policy periods, and an endorsement that any cancellation, expiration, or material change in the coverage adversely affecting the Government’s interest shall not be effective unless the insurer or contractor provides written notice to the Contracting Officer no less than 30 days before any change in any policies adversely affecting the interest of the Government in such insurance.
H.3 TASK ORDER (TO) PROCEDURES
The Government will give each contractor an opportunity to compete for tasks over $3,000.
There are four exceptions to this rule: 1) urgency, 2) only one vendor is capable of supplying unique or highly specialized services, 3) logical follow-on to a previous order that was competitively awarded, and 4) necessary to meet the guaranteed minimum quantity.
Task Orders will only be issued by the DITCO Contracting Officer using the following procedures:
a. The TM shall review the proposed requirements package to ensure the task is within the scope of the Performance Work Statement (PWS) and that the task documentation is complete. Upon TM technical approval the requirements package shall be sent to DITCO.
b. The Government task requirements will be provided to the contractor by a Request For Proposal (RFP) that will be posted on the DITCO Scott webpage (to be provided at contract award). The RFP will state the task requirements, a listing of the deliverables required, and any additional information. Any changes to the RFP will be posted as amendments on the DITCO Scott webpage. The PWS will state a contract type, either FFP or CPFF. The Government’s preference is to use a FFP type if possible. If the contractor disagrees with the proposed contract type, they may propose the alternate type, i.e. CPFF vs. FFP. Submission of a Task Execution Plan (TEP) to the Government shall be provided no later than 10 working days from issuance of the RFP. Submission of TEP will be provided through the JITC Project and Accounting System (JPAS) that communicates the technical approach and estimated resources needed to satisfy the task requirements.
c. Technical Proposals. Technical proposal information will be streamlined, e.g., the Government anticipates written proposals consisting of ten (10) pages or less stating compliance or exception to requirements, assumptions, and conflict of interest issues. Proposals shall not merely restate PWS requirements. The following information shall be required for each technical proposal:
. Technical/Management Approach . Quantities/Hours of Personnel by Labor Categories . Justification for Other Direct Costs (ODCs) (materials and supplies, travel, training, etc.)
. Risks . Teaming Arrangement (including subcontracting) . Other Pertinent Data (including deliverables, etc.)
d. Cost/Price Proposals. A written cost proposal will always be required. This part of the proposal shall include detailed cost/price amounts of all resources required to accomplish the task. It is incumbent upon the contractor to capture all anticipated costs for labor categories/hours, travel, materials, equipment, overtime, and other associated costs in their Task Execution Plan (TEP). The level of detail required shall be primarily based on the contract type planned for use, as further discussed below.
(i) Firm Fixed Price (FFP). The proposal shall identify labor categories and the number of hours required for performance of the task. The proposal must identify and justify use of all non-labor cost elements. If travel is specified in the TO PWS, air fare and/or local mileage, per diem rates by total days, number of trips, location, and number of Contractor employees traveling shall be included in the proposal.
(ii) Cost-Reimbursement. Cost proposals will be required for cost-reimbursement type task orders. Cost proposals shall include, as a minimum, a complete Work Breakdown Structure (WBS), which coincides with the detailed technical approach; and provides proposed labor categories, labor hours, wage rates, direct/indirect rates, ODCs and fee. If travel is specified in the TO PWS, air fare and/or local mileage, per diem rates by total days, number of trips, location, and number of Contractor employees traveling shall be included in the cost proposal. Cost-reimbursement proposals shall be submitted in accordance with FAR 52.215-20 - Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
e. Other Relevant Information. This information shall always be in writing and shall address other relevant information as required by the contract or requested by the TO RFP. The Contractor shall assume all costs in preparation of proposals for task order awards as an indirect charge. The Government will not reimburse the Contractor for proposal preparation as a direct charge.
f. Clarification of Proposals. The proposals will be evaluated to ascertain the Contractor's understanding of the technical requirements, as reflected in the PWS. If necessary, during the evaluation of a proposal, the Government may contact the Contractor with questions concerning its proposal. Upon completion of evaluation and satisfactory negotiations, the Contracting Officer will issue a task order to the Contractor.
g. Resolution of Issues. In the event issues pertaining to a proposed task cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw and cancel the proposed task. In such event, the Contractor shall be notified in writing of the Contracting Officer's decision. This decision is final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act."
h. Task Order Issuance. Task orders may be issued by e-mail, regular mail, facsimile or posted to a website.
i. Unauthorized Work. The Contractor is not authorized to commence task order performance prior to issuance of a signed TO or other written approval provided by the
CONTRACTING OFFICER.
j. Task Funding Restrictions. No unfunded tasks are allowed.
k. All Task Orders issued against this contract will be funded at the Subcontract Line Item Number (SLIN) under the Contract Line Item Number (CLIN) for ease in administration.
H.4 ASSIGNMENT OF CONTRACTOR ACQUIRED FACILITIES
The contractor may acquire/lease facilities necessary for support of the JITC as required under the contract and directed by specific tasks. These facilities may be required on or off-site, in CONUS or OCONUS locations, and may be on a permanent or temporary basis. The facilities shall meet the applicable Occupational Safety and Health Administration (OSHA) requirements.
The contractor acquired facility shall adhere to the security requirements as required by DD Form 254, Security Classification Specification. The contractor shall comply with DISA Director’s Policy letter 2006-01 and JITC Instruction 100-50-01, which prohibits smoking within DISA and JITC facilities. The operation, maintenance, and management of the facilities shall be the responsibility of the contractor. Facilities acquired/leased under this contract are transferable to other contractors only with the express written permission of the Contracting Officer. The provision entitled, CONTRACTOR PURCHASING PROCEDURES applies.
H.5 INCORPORATION OF ADDITIONAL LABOR CATEGORIES
a. This contract provides JITC with the ability to obtain support required to perform its mission and functions. The contractor is required to provide a wide range of nonpersonal services to encompass scientific, engineering, logistical, administrative, purchasing, and ancillary support.
b. All labor categories and labor rates bid for the sample tasks will be incorporated into Section J of the contract upon award. Should additional labor categories be needed, the contractors will be required to propose labor categories and rates for consideration. Upon approval by the Contracting Officer, they will be incorporated into Section J of the contract by modification.
c. This clause shall apply throughout the phase-in, basic contract, exercised options, and /or extensions.
H.6 WORK PRIORITY/TEST SCHEDULES
Notwithstanding the contractor’s responsibility for total management during the performance of this contract, the Government reserves the right to assign priority for the work to be performed. The contractor shall accept changes to the priorities when required by the Contracting Officer or COR/TM and shall allocate personnel to perform the work in the most efficient and expeditious manner.
H.7 LEGAL HOLIDAYS
a. U.S. Government Federal holidays are as follows:
New Year’s Day Martin Luther King Jr.’s Birthday Washington’s Birthday ** Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day Inauguration Day *
*Note: Inauguration Day, January 22, 2013, falls on a Tuesday. An employee who works in the District of Columbia, Montgomery or Prince George’s Counties in Maryland, Arlington or Fairfax Counties in Virginia, or the cities of Alexandria or Falls Church in Virginia, and who is regularly scheduled to perform non-overtime work on Inauguration Day, is entitled to a holiday.
(See 5 U.S.C. 6103(c).) There is no in-lieu-of-holiday for employees who are not regularly scheduled to work on Inauguration Day.
** This holiday is designated as “Washington’s Birthday” in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees.
b. Contractors are to schedule compensated work during the normal hours of operation specified in contract paragraph G.8, Hours of Operation. Work on weekends or federal holidays should only be performed if absolutely necessary for the task. In order to maintain the integrity of this requirement, a separate written approval by the Contracting Officer or Contracting Officer’s Representative is required for work on weekends or federal holidays only if the work has not been approved in the task order. Weekend work that has not been approved in the task order will require written approval by the Contracting Officer or Contracting Officer’s Representatives within one (1) working day prior to the weekend work. Federal holiday work that has not been approved in the task order will require written approval by the Contracting Officer or Contracting Officer’s Representative within one (1) working day prior to the Federal Holiday. This excludes travel requirements which are covered by contract paragraph H.21.
c. Legal holidays for Service Contract Employees are indicated on individual Wage
Determinations contained at Section J of this contract.
d. The contractor is expected to adhere to the Federal holidays outlined in this clause.
H.8 CONTINUED PERFORMANCE DURING CRISIS SITUATIONS
The requirements of this contract have been identified as essential to the mission and operational readiness of U.S. and Allied Forces operating worldwide; therefore, the contractor shall be responsible for performing all requirements of this contract notwithstanding crisis situations including the existence of any state of war, whether declared or undeclared, state of emergency, or contingency by the United States or foreign country, commencement of hostilities, internal strife, rioting, civil disturbances, or activities of any type which could endanger the welfare and security of U.S. Allied Forces worldwide. Failure by the contractor to perform may subject the contractor to termination of this contract for default.
a. Crisis situations shall be determined by a Combatant Command (COCOM), when the Defense Readiness Condition (DEFCON) 3 or lower is declared, when the Force Protection Condition (FPCON) is at or above FPCON Charlie, or when an area is declared to be hostile.
b. Continued performance hereunder may require an equitable adjustment; therefore, the contractor shall segregate and separately identify all costs incurred in the contract performance during war, state of emergency, or contingency operation. The contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The contractor’s notice shall include the contractor’s proposal for an adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. As soon as practicable after receipt of the contractor’s proposal, the parties shall negotiate a price adjustment to the contract price. Failure to agree on any adjustment shall be handled as a dispute under the Dispute Clause.
c. Contractor personnel will be integrated into Government contingency plans, and afforded the same rights, privileges, protection and priority as Government personnel. The Government will provide security, housing, and dining facilities for contractor personnel should conditions warrant.
d. When security conditions deteriorate to the extent that additional costs are incurred to continue contract performance or to allow the continued placement of the Government Property on the compound (e.g., increased level of access security, increased insurance premiums, inability to use the compound for the Contractor’s normal purposes), such costs shall be allowable subject to contract terms and conditions. Upon activation by the Secretary of State, Danger Pay premium rates shall be added to the existing price of all labor related CLINs.
e. Contractors will perform such tasks as may be assigned under this contract provision identified as a crisis situation in accordance with an approved TEP submitted in response to a Government task. The Government will provide oral notification as soon as the potential need becomes known. In emergency situations, contractor will be prepared to execute its TEP within five working days after direction to proceed, subject to timely receipt of visas, passports, physical examination, immunization, country clearance, and special equipment as required. Unless otherwise specified in the approved TEP, it is the Government’s intent to provide employees with the same benefits and support provided or authorized to Government personnel under relevant sections of 5 U.S.C. and 42 U.S.C.
as further implemented in the Joint Travel Regulations/Federal Travel Regulations (JTR/FTR) and Department of State Standardized Regulations (DSSR) in effect during the assignment. If the Government is unable to provide such benefits and support, the contractor will charge any costs associated with contractor providing the benefits and support as ODCs to the applicable task as approved by the Government. The contractor will segregate and separately identify all costs incurred as a result of this contract provision.
H. 9 MISSION ESSENTIAL - NON-COMBATANT PERSONNEL (DEC 2004)
(DITCO/PL8232).
Some contractor/subcontractor employees under individual tasks may be designated as Mission Essential - Non-Combatants per applicable DoD guidance. Designation for affected individuals shall be through formal appointment by the Combatant Commanders or another Senior U.S.
authority in accordance with said DoD guidance. It is the sole responsibility of the requiring community to recommend and/or coordinate with the Combatant Commander or Senior U.S.
Authority to obtain such designations. Due to the possibility of rapidly changing designation statuses, individual tasks will not reflect specific names or positions so designated. The formal appointment documentation shall be provided to the Contracting Officer upon request.
H.10 AFTER HOURS SUPPORT
For requirements occurring during non-duty hours, the following three scenarios apply:
(1) Emergency Phone Roster – When requested in individual tasks, the contractor will provide the Government Action Officer with an emergency phone roster at the beginning of each month.
The roster shall provide primary and alternate points of contact for all non-duty hours.
Individuals on the emergency phone roster will either carry a beeper or a cellular phone.
Employees listed on the emergency phone roster will not be considered on duty.
(2) Emergency Support – In the event they are called in during non-duty hours, the individual if subject to the Service Contract Act, will be paid no more than time and one-half the employee’s regular hourly rate. If the emergency support services require less than two hours, or no work is available after reporting, the employee will be credited with two hours of work time. The employee shall not be paid if the emergency work is canceled and the employee has received and acknowledged notification prior to reporting. If the Government is unable to contact the employee, the employee may be offered alternate work upon reporting. Employees will be paid only when required to report to the work site.
(3) Ready-Alert – In the event that particular scenarios are known in advance, but a specific time period cannot be determined, individuals will be required to remain on ready alert status.
Individuals on ready-alert are on a standby status and must be available to respond immediately by phone and be able to report to work within one hour. Employees on standby status are considered to be on duty. Employees will be paid no more than time and one-half the employee’s regular hourly rate if subject to the Service Contract Act.
H.11 SAFETY REQUIREMENTS
a. The contractor shall adhere to commercial safety practices and to all Government safety requirements (Occupational Safety and Health Act of 1970; Title 29, Code of Federal Regulations Parts 1910 and 1960).
b. The Government reserves the right to investigate incidents and accidents. The contractor shall within 48 hours report to the COR and Contracting Officer any accidents or incidents which result in bodily injury and/or death. The contractor shall report all incidents and accidents by submitting an electronic DISA Form 73 Mishap Report to the COR and the Contracting Officer.
H.12 UNITED STATES – REPUBLIC OF KOREA STATUS OF FORCES
AGREEMENT (JUL 2005) (DITCO/PL8232).
Invited contractor and Technical Representative (TR) status shall be governed by the United States (U.S.)- Republic of Korea (ROK) Status of Forces Agreement (SOFA) as implemented by United States Forces – Korea (USFK) Reg 700-19.
a. Invited contractor or TR status under the SOFA is subject to the written approval of ACofS, Acquisition Management (FKAQ), Unit #15237, APO AP 96205-5237.
b. The contracting officer will coordinate with HQ USFK, ACofS, Acquisition Management (FKAQ), IAW FAR 25.8, and USFK Reg 700-19.
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