HC102823R0032 AMD03.pdf
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
The purpose of Amendment 3 is to:
| 1. | Update Attachment 8 Questions and Answ ers |
| 2. | Update Sections H, L and M |
| 3. | Extend the Proposal Due Date to 10:00 A.M. (CT) on August 7, 2023 |
1. CONTRACT ID CODE PAGE OF PAGES
S 1 21
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 13-Jul-2023
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HC102823R0032
X 9B. DATED (SEE ITEM 11)
20-Jun-2023
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
13-Jul-2023
CODE
DISA/DITCO-SCOTT-PL83
2300 EAST DRIVE, BUILDING 3600
SCOTT AFB IL 62225-5406
HC1028 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
HC102823R0032
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION H - SPECIAL CONTRACT REQUIREMENTS
The following have been modified:
SECTION H ADDITIONAL
RELEASE OF INFORMATION/PUBLICATIONS
The Government maintains overall responsibility for consistent messaging and information to the public about Government programs. All OCONUS IT Solutions II related messaging will remain focused on the appropriate Department of Defense (DoD) or federal/state audience. As such, the Government requires the review and approval of any Press/News Releases under this contract. Government review and approval includes, but is not limited to the following OCONUS IT Solutions II-related items by a Contractor and/or subcontractor: Marketing/Promotional Materials and Brochures; Datasheets/ Slick Sheets; website(s) pages explaining or mentioning the OCONUS IT Solutions II-related service; Written presentations (e.g., DoD monthly stakeholder meetings, other conferences and events); Print media (e.g., Trade magazines and other publications); Banners and other signage (e.g., Mass Transit banners); Public media (e.g., radio, television and news spots); social media (e.g., LinkedIn, Facebook, Twitter, Instagram); and Webinars/Blogs. The following disclaimer will be placed prominently on all Contractor and/or subcontractor materials: “VENDOR NAME is providing OCONUS IT Solutions II services to DoD customers under Contract contract number.” Requests for reviews and approvals shall come through the KO. No news releases or advertising as noted above (denial or confirmation of the same) on any part of the subject matter of this contract, or any phase of the tasks or task order awards hereunder shall be made without the prior written approval of the KO. See also DFARS 252.204-7000, Disclosure of Information and item 12 of the DD Form 254 for the contract and subsequent task order (if applicable).
OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCES
a. The Government hereby provides notice, and the Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays and services under this contract will not be required on Federal holidays or closures by Executive Order.
* New Year ‘s Day
* Martin Luther King Jr Day
* Washington’s Birthday
* Memorial Day
* Juneteenth
* Independence Day
* Labor Day
* Columbus Day
* Veterans Day
* Thanksgiving Day
* Christmas Day
Federal employees in the Washington, DC, area are entitled to a holiday on the day a President is inaugurated (January 20 following a Presidential election). Employees are entitled to this holiday if they are employed in-
1. the District of Columbia;
2. Montgomery and Prince Georges Counties in Maryland;
3. Arlington and Fairfax Counties in Virginia; and
4. the cities of Alexandria and Falls Church in Virginia.
When Inauguration Day is moved to January 21st because January 20th falls on Sunday, Federal employees in the Washington, DC, area who would otherwise work on Monday, January 21st, are entitled to a holiday on that day.
b. In addition to the days designated as holidays, the Government observes the following days:
* Any other day designated by Federal Statute
* Any other day designated by Executive Order
* Any other day designated by a President ‘s Proclamation
c. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation. Whenever the Government is shut down for some unforeseen reason (i.e., death of a former President, unusually severe weather), the shutdown falls within the scope of Executive Order 11582 of February 11, 1971 and of 5 USC 5546 and 6103(b), all of which govern the observance of holidays by Government agencies.
Unforeseen shutdowns will be treated as a federal holiday and will be applied to contractor personnel accordingly.
Section 2 of the Executive Order does allow agencies to require that certain personnel report for work on days that the Government is shut down for reasons of national security, defense, or other public need.
d. Work shall be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer or COR.
GOVERNMENT-CONTRACTOR RELATIONSHIPS
a. Non-personal Services. The parties agree that the services to be provided under this contract are non-personal and that no employer/employee or master/servant relationships exist or will exist between the Government and the Contractor’s employees.
b. Prohibitions. Contractor personnel under this contract shall not:
(1) Be placed in a position where they are appointed or employed by a Federal Official, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.
(2) Be placed in a staff or policy making position or be asked to exercise personal judgment or discretion on behalf of the Government.
(3) Be placed in a position of command, supervision, administration, or control over Military or Civilian Personnel, or personnel of other contractors, or become a part of the Government organization.
(4) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of the DoD or the Federal Government.
(5) Be used in administration or supervision of military procurement activities.
c. Employee Relationship. Local rules, regulations, directives, and requirements issued by military and civilian authorities pursuant to their responsibility for the administration and security of Government and military installations are applicable to contractor personnel entering the offices or installations or traveling via Government-owned transportation. The Contractor agrees that compliance will not be construed to establish any degree of Government control consistent with a personal services contract.
NON-DISCLOSURE OF SENSITIVE AND/OR PROPRIETARY DATA
a. Access to Information. The Contractor recognizes that in the performance of this Contract it may receive or have access to certain sensitive information, including information provided on a proprietary basis by other contractors, equipment manufacturers and other private or public entities. The Contractor agrees to use and examine this information exclusively in the performance of this contract and to take the necessary steps in accordance with Government regulations to prevent disclosure of such information to any party outside the Government or
Government-designated support contractors possessing appropriate proprietary agreements, as listed in paragraphs a.
through d. below.
b. Indoctrination of Personnel. The Contractor agrees to indoctrinate its personnel who have access as to the sensitive nature of the information and the relationship under which the Contractor has possession of or access to the information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information will be used for the profit of any party other than those furnishing the information. The Nondisclosure Agreement for Contractor Employees at Section J, Attachment 7, shall be signed by all indoctrinated personnel and forwarded to the KO, COR, and Task Order CORs for retention, prior to commencement of work. The Contractor shall restrict access to sensitive/proprietary information to the minimum number of employees necessary for contract performance.
c. Signed Agreements.
(1) The Contractor further agrees to sign an agreement to this effect with carriers, and other private or public entities providing proprietary data for performance under this contract. As part of this agreement, the Contractor shall inform all parties of its agreement to allow certain Government-designated contractors access to all data as required by the Government. One copy of each signed agreement shall be forwarded to the KO. These shall be signed prior to work commencing.
(2) In addition, the Contractor shall be required to coordinate and exchange directly with other contractors as designated by the Government for information pertinent and essential to performance of task orders issued under this contract. The Contractor shall discuss and attempt to resolve any problems between the Contractor and those contractors designated by the Government. The KO shall be notified in writing of any disagreement(s) which has (have) not been resolved in a timely manner and furnish the KO copies of communications between the Contractor and associate contractor(s) relative to contract performance. Further, the close interchange between contractor(s) may require access to or release of proprietary data. In such an event, the Contractor shall enter into agreement(s) with the Government designated contractor(s) to adequately protect such proprietary data from unauthorized use or disclosure so long as it remains proprietary. A copy of such agreement shall be provided to the KO.
d. Remedy for Breach. The Contractor agrees that any breach or violation of the certifications or restrictions of this clause shall constitute a material and substantial breach of the terms, conditions and provisions of the contract and that the Government may, in addition to any other remedy available, terminate this contract for default in accordance with the provisions of FAR 52.249-6 - Termination (Cost-Reimbursement), FAR 52.259-6 – Termination (Cost-Reimbursement), Alt IV, and FAR 52.249-8 - Default (Fixed-Price Supply and Service).
Nothing in this clause or contract shall be construed to mean that the Government shall be liable to the owners of proprietary information in any way for the unauthorized release or use of proprietary information by this contractor or its subcontractors.
WORK ON A GOVERNMENT INSTALLATION
In performing on-site work under this contract on a Government installation or in a Government building, the Contractor shall:
a. Conform to the specific safety requirements established by the contract or task order.
b. Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract.
c. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel connected in any way with performance under this contract.
d. Take such additional immediate precautions as the KO, contract level COR, or Task Order COR may reasonably require for safety and accident prevention purposes.
e. Conform to all security requirements as specified in the DD Form 254 and security requirements as specified in the Task Order Performance Work Statement (PWS)/Statement of Work (SOW).
SECURITY CLEARANCES
A Top Secret Facility Site Clearance is required throughout the life of the contract. In order to be awardable, the offeror must have a final Top Secret Facility Clearance from the Defense Counterintelligence and Service Agency at the time of proposal submission. If the Offering entity is a Joint Venture, then only one of the Members of the Joint Venture must have a final Top Secret Facility Clearance from the Defense Counterintelligence and Service Agency at the time of proposal submission to meet this requirement. If only one, and not all Joint Venture Members meet this requirement, the Offeror shall also provide a proposed approach demonstrating that the Member holding the final Top Secret Facility Clearance has the ability to complete the work in the PWS which requires the Top Secret Facility Clearance. This approach must be no more than 5 pages long and included in Volume V.
Offerors who do not demonstrate they have a final top Secret Facility Clearance from the Defense Counterintelligence and Service Agency at the time of proposal submission will be ineligible for award and their proposal will not be considered further. Additionally, if the successful offeror is comprised of a contractor teaming arrangement, such as a Joint Venture, each member of the teaming arrangement is required to maintain a Top Secret Facility Site Clearance throughout the life of the contract.
The Contractor is responsible for providing personnel with appropriate security clearances to ensure compliance with Government security regulations, as specified on individual orders. The Contractor shall fully cooperate on all security checks and investigations by furnishing requested information to verify the Contractor employee's eligibility for any required clearance.
CONTRACTS FOR PERFORMANCE IN THE FEDERAL REPUBLIC OF GERMANY
This contract may require the performance of services in the Federal Republic of Germany (Germany).
NATO SOFA
a. NATO SOFA covers the force and the civilian component, not contractors. Contractors fall under separate side agreements:
• Germany: Supplementary Agreement (SA) (between Germany and the “sending states”), plus US- Germany bilateral agreements of 1998 and 2001
b. AE Reg 715-9 contains most information needed regarding status accreditation under Articles 72 and 73 of the Supplementary Agreement to the NATO SOFA (SA NATO SOFA).
c. In accordance with Article 72 or 73 of the SA NATO SOFA, as applicable, NATO SOFA status accreditation (NSSA) will be granted to DOD contractor employees who meet the criteria of Articles 72 or 73 and specifically the criteria in the “Exchange of Notes between the Governments of the United States of America and the Federal Republic of Germany” (glossary). The NSSA allows contractor employees to be considered and treated as members of the civilian component. The following are possible accreditations:
• Analytical support status accreditation (ASSA) – Article 72: military planning and intelligence analysis
• Troop care status accreditation (TCSA) - Article 72: provides care to members of the force (doctors, nurses, physical therapists, social workers, and military career counselors)
• Technical expert status accreditation (TESA) – Article 73: accomplishes complex tasks of a technical-military or technical-scientific nature
• NOTE: This IDIQ contract only requires and allows TESA – Article 73 accreditations.
d. The following are examples of persons who are technical experts within the meaning of Article 73, first sentence, of the NATO SOFA SA:
• Technicians of firms through which weapons systems, military command and control systems, defense communications systems, and intelligence systems are procured when these technicians are engaged in the initial fielding, testing, training or repair of such equipment or systems under terms of guarantee, this however not extending to routine maintenance
• Technicians responsible for complicated repairs, complicated re-engineering of equipment and components, or unprecedented and complicated application of the equipment if these technicians have specific knowledge clearly exceeding the knowledge conveyed within the scope of normal vocational training
• The top manager of a contract involving substantial use of technical experts within the meaning of Article 73 of the NATO SOFA SA and those directly subordinate managers responsible for technical as opposed to administrative functions
• Computer software engineers
• Technicians responsible for the maintenance of aircraft, combat vehicles and weapons systems and who must apply knowledge of combat applications of this equipment, this however not extending to routine maintenance
• Former officers, whose technical military skill or technical military knowledge are required for the performance of their work in addition to their other technical skills. As a matter of exception, this shall also apply to former non-commissioned officers who, under military training conditions, work closely together with soldiers on equipment used for the simulation of tactical combat conditions
e. The following are examples of persons who are not technical experts within the meaning of Article 73, first sentence, of the NATO SOFA SA:
• Administrative support and clerical personnel to include white collar employees in budgeting and accounting, general office workers, and hotel and billeting personnel
• Sales representatives and service technicians for non-military equipment such as telephones, fax machines and copy machines;
• Automobile sales representatives;
• Secretaries, clerk-typists, computer workstations operators, and draftsmen;
• Automotive, aircraft, electrical, and similar mechanics or technicians, unless covered in paragraph
d. above
• Electricians, plumbers, painters, masons, carpenters, and similar skilled workers
• Unskilled and semi-skilled workers to include warehouse workers, forklift operators, drivers, and helpers
• Customs control inspectors/specialists
• Supply clerks and technicians
f. The NSSA provides the following benefits to contractor employees:
• Individual logistic support (ILS) as granted to members of the civilian component (for example, access to the post exchange and the Commissary, authorization for a U.S. Forces Certificate of License and a fuel-ration card).
• Exemption from German taxes.
• Exemption from the requirement to obtain a German work permit.
g. Department of Defense Contractor Personnel Office. The Department of Defense Contractor Personnel Office (DOCPER), Civilian Personnel Directorate, Office of the Deputy Chief of Staff, G1, HQ USAREUR-AF, is the DOD proponent for administering NATO SOFA status accreditation (NSSA) for contracts and contractor employees for all military services and DOD agencies operating in Germany.
h. The NSSA is granted through a bilateral approval process between DOCPER, as the U.S. representative, and German authorities. The Exchange of Notes implementing Articles 72 and 73 of the SA NATO SOFA establishes this bilateral approval process for granting ASSA, TCSA, and TESA. DOCPER will receive and review contracts proposing the use of accredited personnel and applications for ASSA, TCSA, and TESA from all DOD components and DOD agencies. When DOCPER determines that contracts or application documents meet the criteria established in the Exchange of Notes, DOCPER will forward them to the responsible German authority for review and approval. The approval of the responsible German authority is required for both contracts and applications before personnel proposed for accreditation may begin work. The result was a 2-phase process:
• Phase 1: contract packages reviewed and approved or denied
• Phase 2: individual applicant packages reviewed and approved or denied
i. DOCPER uses ECOPS at https://ecops.ext.eur.army.mil/ for the processing of NSSA of DOD contractor employees. The use of this central data management system ensures that provisions of the SA NATO SOFA pertaining to U.S. contractor employees are properly and consistently applied. ECOPS manages data about individual contracts, labor positions on contracts, and contractor employees submitted for approval for ASSA, TCSA, and TESA.
BACO-90
a. Exemption From German Work Permit (“BACO-90” formerly known as “Fax Back”). The term "BACO- 90" is a short-hand way of referring to the "Request for Confirmation of Exemption from the Requirement to Obtain a Work Permit" in Germany from the Bundesagentur for Arbeit (BA) in Stuttgart.
• What "BACO-90" does: Allows the contractor employee to work in a temporary duty (TOY) status for periods not to exceed 90 days in any 12-month period starting with the first day of entry into Germany/Schengen Zone and ending with the date of exit. Once 90 days are exhausted, the contractor employee has to exit the Schengen Zone!
• What "BACO-90" does not do: Does not authorize logistical support nor NATO SOFA privileges (e.g., PX, commissary, fuel rations, etc.).
• Process: A "BACO-90" is initiated by the contractor (the company, usually HR), scanned and emailed to the Bundesagentur für Arbeit (BA) in Stuttgart. Fax submission only as a last resort!
Email address: zav.amz-stuttgart-241@arbeitsagentur.de The BA signs and stamps the form with the German eagle and emails it back to the originator/requester. The contractor employee should retain the signed form. The BACO-90 confirmation is required before the contractor employee starts to work in Germany!
CONTRACTOR PURCHASING PROCEDURES
Contractor purchase of parts, supplies, or materials and services shall be limited to those incidental to or required for contractor performance and shall be processed as follows:
a. The Contractor is required to include all costs associated with the purchase in the purchase order (e.g., freight, taxes, material handling costs etc.).
b. The Contracting Officer shall, upon contract award, provide the Contractor with written authorization to acquire parts, supplies, and materials from Federal supply sources in accordance with the contract clause entitled “Federal Supply Sources.” Such acquisitions shall be processed in accordance with FAR Part 51. Prior to the Contractor receiving a requirement for purchasing of parts, supplies, and materials, Government personnel will review the Federal supply sources for availability. Purchases from commercial sources may be accomplished only when the part, supplies, or materials are not available from Federal supply sources. The Government will provide documentation to the Contractor that the Federal supply sources were checked. All purchase requests from commercial sources shall be annotated to the effect that the Federal supply sources have been screened and the parts, supplies, or materials are not available.
c. Forms and formats for effecting the procedures set forth herein shall be mutually agreed upon subsequent to contract performance.
d. The Contractor shall maintain records of all purchases and such records shall be made available for review by the Contracting Officer or representative in accordance with the contract clause entitled “Audit of Records- Negotiation,” FAR 52.215-2 (Oct 2010).
e. Purchases subject to the contract clause entitled “Subcontracts,” FAR 52.244-2 ALT I (Oct 2010), shall be processed in accordance with the requirements to that clause.
f. All property acquired by the Contractor and for which the Government reimburses the contractor, becomes Government property upon receipt by the Contractor and shall be returned to the Government upon request or by contract termination. All contractor property shall be clearly marked to identify it as contractor property and not Government property.
g. The Contractor shall be reimbursed for materials, if they are directly required for the contractor’s performance under the terms of this contract, on the basis that the purchases are allowable, allocable, and reasonable. Neither this contract nor the FAR covers every element of cost. Lack of specific reference to an item of cost in this contract or the FAR does not mean that the cost is either allowable or not allowable. The determination of allowability shall be based on the principles of the FAR, the contract, and the Contracting Officer’s approval. The Contractor is encouraged to contact the Contracting Officer prior to purchasing reimbursable items that are not specifically addressed in the contract to determine if the items are allowable and should be purchased on the contract.
ANNUAL PERFORMANCE ASSESSMENT
a. The COR will evaluate and document the Contractor’s performance on an annual basis in a web-based Contractor Performance Assessment Reporting System (CPARS). The COR will forward the rating of Contractor’s performance to the Assessing Official for approval. The Assessing Official Representative then forwards the rating to the Contracting Officer, who will forward it to the Contractor for review. The contractor may not change the rating. The contractor shall either concur, concur with comments, or not concur with comments, and return the evaluation to the Contracting Officer within 60 calendar days.
b. Past performance information is relevant information regarding the contractor’s actions under previously awarded contracts. The written performance evaluation will state whether the services/supplies met the Government’s stated requirements and specifications and if they were performed/delivered on time. It includes, for example, the Contractor’s record of conforming to contract requirements and to standards of good workmanship; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Contractor’s business-like concern for the interest of the customer.
c. The evaluation of the Contractor’s performance will be used as a criterion for exercising any unexercised option. The evaluation will also be used by DISA and other Government agencies as source selection information to support future Government procurements.
REIMBURSEMENT OF TRAVEL COSTS
(a) Contractor Request and Government Approval of Travel
Any travel under this contract must be specifically requested in writing, by the contractor prior to incurring any travel costs. The written Government authorization will be by written notice of approval from the COR for each task/delivery order. The request shall include as a minimum, the following:
(1) Contract number
(2) Date, time, and place of proposed travel
(3) Purpose of travel and how it relates to the contract
(4) Contractor’s estimated cost of travel
(5) Name(s) of individual(s) traveling and;
(6) A breakdown of estimated travel and per diem charges. Any travel under the contract must be specifically identified by the contractor in a written quotation to the Ordering Officer prior to incurring any travel costs. Travel under this contract is only authorized under task/delivery orders issued by the Ordering Officer or by a modification to an issued task/delivery order.
(b) General
(1) The costs for travel, subsistence, and lodging shall be reimbursed to the contractor only to the extent that it is necessary and authorized for performance of the work under this contract. The costs for travel, subsistence, and lodging shall be reimbursed to the contractor in accordance with the Federal Acquisition Regulation (FAR) 31.205-46, which is incorporated by reference into this contract. As specified in FAR 31.205-46(a) (2), reimbursement for the costs incurred for lodging, meals and incidental expenses (as defined in the travel regulations cited subparagraphs (b)(1)(i) through (b)(1)(iii) below) shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the following:
(i) Federal Travel Regulation prescribed by the General Services Administration for travel in the contiguous 48 United States;
(ii) Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and the territories and possessions of the United States; or
(iii) Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, “Maximum Travel Per Diem Allowances in Foreign Areas” prescribed by the Department of State, for travel in areas not covered in the travel regulations cited in subparagraphs (b)(1)(i) and (b)(1)(ii) above.
(2) Personnel in travel status from and to the contractor’s place of business and designated work site or vice versa, shall be considered to be performing work under the contract, and contractor shall bill such travel time at the straight (regular) time rate; however, such billing shall not exceed eight hours per person for any one person while in travel status during one calendar day.
(c) Per Diem
(1) The contractor shall not be paid per diem for contractor personnel who reside in the metropolitan area in which the tasks are being performed. Per diem shall not be paid on services performed at contractor’s home facility and at any facility required by the contract, or at any location within a radius of 50 miles from the contractor’s home facility and any facility required by this contract.
(2) Costs for subsistence and lodging shall be paid to the contractor only to the extent that overnight stay is necessary and authorized in writing by the Government for performance of the work under this contract per paragraph (a). When authorized, per diem shall be paid by the contractor to its employees at a rate not to exceed the rate specified in the travel regulations cited in FAR 31.205-46(a)(2) and authorized in writing by the Government.
The authorized per diem rate shall be the same as the prevailing locality per diem rate.
(3) Reimbursement to the contractor for per diem shall be limited to payments to employees not to exceed the authorized per diem and as authorized in writing by the Government per paragraph (a). Fractional parts of a day shall be payable on a prorated basis for purposes of billing for per diem charges attributed to subsistence on days of travel. The departure day from the Permanent Duty Station (PDS) and return day to the PDS shall be 75% of the applicable per diem rate. The contractor shall retain supporting documentation for per diem paid to employees as evidence of actual payments, as required by the FAR 52.216-7 “Allowable Cost and Payment” clause of the contract.
(d) Transportation
(1) The contractor shall be paid on the basis of actual amounts paid to the extent that such transportation is necessary for the performance of work under the contract and is authorized in writing by the Government per paragraph (a).
(2) The contractor agrees, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission and in accordance with good traffic management principles.
When it is necessary to use air or rail travel, the contractor agrees to use coach, tourist class or similar accommodations to the extent consistent with the successful and economical accomplishment of the mission for which the travel is being performed. Documentation must be provided to substantiate non-availability of coach or tourist if business or first class is proposed to accomplish travel requirements.
(3) When transportation by privately owned conveyance is authorized, the contractor shall be paid on a mileage basis not to exceed the applicable Government transportation rate specified in the travel regulations cited in FAR 31.205-46(a)(2) and is authorized in writing by the Government per paragraph (a).
(4) When transportation by privately owned (motor) vehicle (POV) is authorized, required travel of contractor personnel, that is not commuting travel, may be paid to the extent that it exceeds the normal commuting mileage of such employee. When an employee’s POV is used for travel between an employee’s residence or the Permanent Duty Station and one or more alternate work sites within the local area, the employee shall be paid mileage for the distance that exceeds the employee’s commuting distance.
(5) When transportation by a rental automobile, other special conveyance or public conveyance is authorized, the contractor shall be paid the rental and/or hiring charge and operating expenses incurred on official business (if not included in the rental or hiring charge). When the operating expenses are included in the rental or hiring charge, there should be a record of those expenses available to submit with the receipt. Examples of such operating expenses include: hiring charge (bus, streetcar or subway fares), gasoline and oil, parking, and tunnel tolls.
(6) Definitions:
(i) “Permanent Duty Station” (PDS) is the location of the employee’s permanent work assignment (i.e., the building or other place where the employee regularly reports for work).
(ii) “Privately Owned Conveyance” (POC) is any transportation mode used for the movement of persons from place to place, other than a Government conveyance or common carrier, including a conveyance loaned for a charge to, or rented at personal expense by, an employee for transportation while on travel when such rental conveyance has not been authorized/approved as a Special Conveyance.
(iii) “Privately Owned (Motor) Vehicle (POV)” is any motor vehicle (including an automobile, light truck, van or pickup truck) owned by, or on a long-term lease (12 or more months) to, an employee or that employee’s dependent for the primary purpose of providing personal transportation, that:
(a) is self-propelled and licensed to travel on the public highways;
(b) is designed to carry passengers or goods; and
(c) has four or more wheels or is a motorcycle or moped.
(iv) “Special Conveyance” is commercially rented or hired vehicles other than a POC and other than those owned or under contract to an agency.
(v) “Public Conveyance” is local public transportation (e.g., bus, streetcar, subway) or taxicab.
(iv) “Residence” is the fixed or permanent domicile of a person that can be reasonably justified as a bona fide residence.
LOCAL TRAVEL
Local travel will not be reimbursed, unless otherwise specified in the contract. Local travel is hereby defined to mean any and all travel within a fifty (50) kilometer radius of the place of performance. Travel in support of the Performance Work Statement (PWS). Travel must be pre-approved by the COR. The contractor is authorized to invoice on a monthly basis for approved costs incurred in accordance with FAR 31.205-46 and Joint Travel Regulations.
SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - ATTACHMENTS
Attachment 1- Acronym List – Updated in Amendment 2
Attachment 2 – Quality Assurance Surveillance Plan (QASP) for IDIQ
Attachment 3 – Performance Work Statement (PWS) for Task Order (TO) 0001 – Updated in Amendment 2
Attachment 4 – QASP for TO 0001
Attachment 5 – DD254 – Updated in Amendment 1
Attachment 6 – DD254 Addendum – Updated in Amendment 1
Attachment 7 – Non-Disclosure Agreement
Attachment 8 – Question and Answer Template – Updated in Amendment 3
Attachment 9 – Schedule of Rates for IDIQ Contract
Attachment 10 – CLIN Pricing Worksheet for TO 0001
Attachment 11 – Past and Present Performance Information
Attachment 12 – Evaluation Table
Attachment 13 – Response to Draft RFP Questions
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS
ADDENDUM TO 52.212-1
Addendum to 52.212-1(b), Submission of Offers is tailored as follows:
(b) Submission of offers:
PROPOSALS ARE DUE NO LATER THAN 10:00 A.M. (CT) ON AUGUST 7, 2023
(12) Other Instructions
(i) General Information
(A) Points of Contact: The contracting officer (KO) and contract specialist (CS) are the sole points of contact for this procurement. Address any questions or concerns you may have to the KO/CS. Written requests for clarification must be sent to the KO/CS at brenda.f.green6.civ@mail.mil and barbara.d.miner.civ@mail.mil. Questions/comments are due no later than 10:00 a.m. CT on June 30, 2023.
The subject line of the email shall be titled: “RFP HC1028-23-R-0032 Contractor Name, Source Selection Information See FAR 2.101 and 3.104.” Questions submitted after the deadline may not be answered. Questions shall be submitted using the Question and Answer Template (Section J Attachment 8).
No information concerning this solicitation or requests for clarification will be provided in response to offeror-initiated telephone calls. All such requests must be made in writing and submitted as directed above. All questions/comments provided in a timely manner will be answered in writing and provided to all offerors. However, written inquiries may not be answered when requests are received by the Government points of contact after the original due date for receipt of questions as specified in this solicitation. The timeframe for submitting inquiries will not be extended as a result of an extension to the due date for the receipt of offers unless authorized by the KO.
(B) Discrepancies: If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the KO in writing with supporting rationale. The Government reserves the right to award this effort based on the initial proposal, as received, without discussion.
(C) Electronic Reference Documents: All referenced documents for this solicitation are available on the Contracting Opportunities page (SAM) web site at https://www.sam.gov. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.
(D) The DD Form 254 is unclassified. The DD Form 254 and Addendum are provided as attachments with Amendment 1. Controlled Unclassified Information (CUI). The DD Form 254 will be provided to interested offerors upon request. Interested offerors shall request a copy of the DD Form 254 and Addendum in SAM.gov. In addition, interested offerors shall send a valid email address to barbara.d.miner.civ@mail.mil no later than June 27, 2023, at 10:00 am (CT).
(E) Communications: Exchanges of source selection information between the Government and offerors will be controlled by the KO and CS. Email will be used to transmit such information to the offeror and will include “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line.
(F) FOR INFORMATIONAL PURPOSES ONLY:
TESA and Department of Defense Contractor Personnel Office (DOCPER):
Per DOCPER, to start the process, contract must first be awarded. DOCPERS will interface with the COR. It is assumed that the contract accreditation will be at the IDIQ level instead of the TO level.
Under Phase 1 Contract Notification:
COR requests ECOPS access with COR designation memo;
Provide contract information through ECOPS – CTR PM can assist;
Upload the executed (signed) document;
Upload subcontract documentation if subcontractors are involved and require approval under Article 73 (Technical Experts);
Upload PWS;
Upload job description9s) which articulate duties and minimum education/experience requirements – see template;
Upload COR designation memo, as signed by the KO/
More information can be found at:
mailto:brenda.f.green6.civ@mail.mil mailto:barbara.d.miner.civ@mail.mil https://www.europeafrica.army.mil/contractor/ http://www.eur.army.mil/g1/content/CPD/docper/docper_germanyLinks.html?tab=0&=aboutDOCPERtab http://www.eur.army.mil/aepubs/publications/AER715-9_1000992!.pdf The flow chart:
http://www.eur.army.mil/g1/content/CPD/docs/docper/Flowchart.pdf
(ii) Offerors are requested to submit a written technical proposal and a price proposal in response to the attached Performance Work Statement (PWS) for Task Order 0001 (Section J, Attachment 3) as well as the Basic PWS. The Quality Assurance Surveillance Plan is provided for contractor reference. Offerors must complete Blocks 6 and 7 of the DD Form 254 (Section J, Attachment 5) with the appropriate information for their company and any subcontractors (when applicable). The completed DD Form 254 must be submitted with the proposal.
Information on submission of technical and price proposals is provided below. The proposal shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of statements asserted in the proposal. The proposal should not simply rephrase or restate the Government's requirements, rather, shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume the Government has no prior knowledge of their facilities and capabilities and will base its evaluation on the information presented in the offeror's proposal. The offeror's proposal must include all data and information requested by the RFP and must be submitted in accordance with these instructions. The proposal should sufficiently address the requirements as stated in the Basic and Task Order PWS’s. Non-conformance with these instructions may result in removal of the proposal from further evaluation.
(iii) In accordance with (IAW) DISA Special Contract Requirement H1, each offeror shall specifically identify in its proposal whether or not any potential or actual Organizational and Consultant Conflicts of Interest (OCCI), as described in Federal Acquisition Regulation (FAR) Subpart 9.5, exists for this instant procurement. If the offeror believes that no OCCI exists, the OCCI response shall set forth sufficient details to support such a position. If an offeror believes that an actual or perceived OCCI does exist on the instant procurement, the offeror shall submit an OCCI plan with the proposal, explaining in detail how the OCCI will be mitigated and/or avoided.
(iv) Page limitations, if applicable, are identified below and will be treated as maximums. A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches. If exceeded, excess pages will not be read or considered in evaluation of the proposal. The following items will not be considered when calculating page limits:
cover page, table of contents, glossary, executive summary, generic resumes, OCCI mitigation plans, Sample IDP, SCRM plans, GFP Attachment, Fixed Price Payment Plans, FAR/DFARS Provisions/Clauses attachment, and Section 508 compliance. In the event any evaluation notices are issued, page limitations may also be placed on those. Page limitations shall not be circumvented by including inserted text boxes/pop-ups or internet links to additional information; such inclusions are not acceptable and will not be considered part of a proposal. The Government reserves the right not to consider for award any proposal that does not adhere to the administrative requirements of this RFP.
(v) Organization/Number of Copies/Page Limits. The offeror shall prepare the proposal as set forth in the Proposal Organization Table below. The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits and with the number of copies as specified. The contents of each proposal volume are described in the information to offerors paragraph as noted in the table below. To the greatest extent possible, each volume shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal. Cross-referencing within a proposal volume is permitted where its use would conserve space without impairing clarity. Each volume may contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing may be used to identify sections.
Additionally, each volume may contain a glossary of all abbreviations and acronyms used, and with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.
http://www.eur.army.mil/g1/content/CPD/docs/docper/Flowchart.pdf
Table 1 Proposal Organization VOLUME Addendum to
52.212-1 Paragraph Number
VOLUME TITLE COPIES PAGE LIMIT
I (b)(12)(vii)(A) Executive Summary 1 electronic N/A II (b)(12)(vii)(B) Technical/Management 1 electronic Technical/Management Proposal 35 Sample IDP and Sample Migration and Cutover Plan for TO 0001 N/A
SCRM plan N/A III (b)(12)(vii)(C) Price 1 electronic
Price Narrative 10 Schedule of Rates for the IDIQ
Contract N/A (MS Excel)
CLIN Pricing Worksheet for TO
N/A (MS Excel)
Fixed Price Payment Plan for TO
N/A (MS Excel)
IV (b)(12)(vii)(D) Past Performance 1 electronic Past and Present Performance
Information Sheets 5 pages per reference Past performance reference sheet N/A Subcontractor/Teaming Partner
Consent Letters 1 page for each subcontractor, teaming partner, and/or joint venture
Organizational Change History, if applicable
4 pages
V (b)(12)(vii)(E) Contract Documentation 1 electronic No page limit
SF 33
Completed Provisions and Clauses
DD254
OCCI Mitigation Plan or statement that OCI does not exist
Company information to include authorized personnel
Section 508 Accessibility Standards Response
(vi) Electronic Offers. The offeror shall submit volumes I through V in electronic format via email and must include “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line. Each volume shall be a separate file. The file size of each document shall not exceed 20MB. If files are compressed, the necessary decompression program must be included. Proposals shall be submitted to the KO/CS identified below:
Barbara Miner (Contract Specialist) – barbara.d.miner.civ@mail.mil Brenda Green (KO) – brenda.f.green6.civ@mail.mil
PROPOSALS ARE DUE NO LATER THAN 10:00 A.M. (CT) ON AUGUST 7, 2023
mailto:brenda.f.green6.civ@mail.mil
(vii) Proposal Organization:
(A) Volume I - Executive Summary. In the executive summary volume, the offeror shall describe the significant attributes and theme of its proposal. It should be concise, to include addressing any significant risks, and highlighting any key or unique features, excluding price. Any summary material presented in the Executive Summary shall not be considered as meeting the requirements for any portions of other volumes of the proposal. Include a master table of contents for the entire proposal.
(B) Volume II – Technical/Management. The technical/management volume should be specific and complete and will be evaluated against the technical/management subfactors defined in FAR 52.212-2, Evaluation – Commercial Items. The technical portion of the proposal is to be submitted as a Microsoft (MS) Word 2016 or newer file. The page format shall have a 1-inch margin using no smaller than an 11-point Arial, Times New Roman, or Courier New font for all text to include any text contained in a table. Graphics shall have a text size with visual appearance equal to or greater than 8-point font. Using the instructions provided below, provide as specifically as possible the actual methodology you would use for accomplishing/satisfying the factors/subfactors.
In the Technical/Management volume, address your proposed approach to meeting or exceeding the minimum performance or capability requirements of each technical/management factor/subfactors, as well as any risks in your proposed approach in terms of technical/performance, price, and/or schedule. Address any technical/management risk by identifying those aspects of the proposal considered to have the potential for disruption of schedule, increased cost, poor performance, the need for increased Government oversight, and/or the likelihood of unsuccessful contract performance. Describe the impact of each identified risk in terms of its potential to interfere with or prevent the successful accomplishment of other contract requirements (e.
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