HSCG32-14-R-R00013__IDT E_RFP.pdf

United States Coast Guard U.S. Department of Homeland Security Research & Development Center (RDC) 1 Chelsea Street New London, CT 06320-5506

27June 2014

Solicitation Request for Proposal

HSCG32-14-R-R00013

Integrated Design, Test & Evaluation

(IDT&E) Services

Proposal due date: 12 August 2014

Contracting Officer: Ms. Brenda M. Burke

(860) 271-2872 brenda.m.burke@uscg.mil

Contract Specialist: Mr. Richard J. Pecoraro

(860) 271-2837 richard.j.pecoraro@uscg.mil

SECTION A – SOLICITATION/CONTRACT FORM

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES OR SERVICES AND PRICES/COSTS

(a) This is an Indefinite Delivery/ Indefinite Quantity (IDIQ) contract with Cost-Plus-Fixed-Fee

(CPFF) provisions. Individual Task Orders under this contract will be issued on a term or completion form basis.

(b) The Contractor shall, in accordance with oral and written task orders issued by the

Contracting Officer, perform work assignments within the parameters of the Statement of Work

(SOW), Attachment #1.

(c) The services and supplies to be ordered hereunder shall be reimbursed in accordance with the provisions of the clauses in Section I entitled, Allowable Cost and Payment (FAR 52.216-7) and

Fixed Fee (FAR 52.216-8), the terms of which are construed to apply, on an individual basis, to each task order issued.

(d) The following Contract Line Item Numbers (CLINS) are the estimated five (5) year total amounts:

CLIN 00001: Integrated Design, Test and Evaluation (IDT&E) Services

The estimated cost-plus-fixed-fee (CPFF) for this contract is as follows:

Estimated Cost: $_______________*

Fixed Fee: $_______________*

Total CPFF: $_______________*

CLIN 00002: Guaranteed Minimum $50,000.00**

* Offeror shall fill in amounts.

**This contract line item number (CLIN) is established for obligating this contract's minimum guarantee of $50,000.00. This CLIN does not increase the overall value of this contract.

B.2 CONTRACT LIMITATIONS

(a) Multiple Contract Awards: [*] contracts have been awarded under the United States Coast

Guard (USCG) Research and Development Center (RDC) Solicitation HSCG32-14-R00013. The combined ceiling of all multiple award contracts shall not exceed the total Level of Effort (LOE) specified in Clause B.3, Level of Effort.

(b) The value of all task orders placed under any individual contract shall not exceed the amount stated in Clause B.1, Supplies or Services and Prices/Costs of that contract. Each task order issued under this contract will have its own cost ceiling.

(c) Minimum Guarantee: Under CLIN 00002, the guaranteed minimum is a single task order of at least $50,000.00 for each contract.

*To be filled in at Contract Award

B.3 LEVEL OF EFFORT

(a) The level of effort estimated to be ordered during the term of this contract is 184,500 labor hours of direct labor including authorized subcontract labor, if any. The level of effort is expected to occur evenly over the contract term. The Contractor shall not, under any circumstances, exceed 100% of the total level of effort specified in this basic contract. The estimated composition of the total labor hours of direct labor by classification is as follows:

Labor Category Labor hours

Contractor Site

Program Manager* 9300

Project Manager* 11300

Subject Matter Expert 5000

Test Director* 6000

Test Engineer* 18600

Statistician 3200

Systems Analyst* 9300

Senior Programmer/Analyst 3200

Junior Programmer/Analyst 1600

Senior Data Analyst* 5000

Junior Data Analyst 4000

Senior Engineer * 18600

Middle Engineer 14000

Junior Engineer 9300

Senior Physical Scientist 12000

Junior Physical Scientist 4000

Senior Information Technology Specialist 1600

Junior Information Technology Specialist 1600

Senior Electronics Technician 4000

Junior Electronics Technician 3200

Senior Mechanical Technician 4000

Junior Mechanical Technician 3200

Human Factors/Ergonomics Specialist 2000

Technical Editor 4000

Technical Writer 6000

Technical Illustrator CAD/CAM 3000

Senior Fabricator 3000

Junior Fabricator 2000

Documentation Specialist 4000

Data Collector 2500

Administrative Specialist 6000

Total Estimated Hours 184,500

* Denotes Key Personnel labor category

(b) Either the "Limitation of Cost" or the "Limitation of Funds" clause, depending upon whether the order is fully funded, applies independently to each order under this contract and nothing in this clause amends the rights or responsibilities of the parties hereto under either of those two clauses. In addition, the notifications required by this clause are separate and distinct from any specified in either the "Limitation of Cost" or "Limitation of Funds" clause.

(c) In the event that less than 100% of the established level of effort of the basic contract is actually expended by the completion date of the contract (or if said level of effort has been previously revised upward, of the fee bearing portion of the additional hours by which the level of effort was last increased), the Government shall have the option of:

(1) Requiring the Contractor to continue performance, subject to the provisions of the

"Limitation of Cost" or the "Limitation of Funds" clause, as applicable, until the effort expended equals 100% of the established level of effort; or

(2) Effecting a reduction in the fixed fee by the percentage by which the total expended labor hours is less than 100% of the established level of effort (or the fee-bearing portion of the last upward revision).

(d) Completion Form Task Orders.

(1) Within thirty days after completion of the work under each completion form task order, the

Contractor shall submit the following information directly, in writing, to the Contracting Officer:

(i) The Contractor's estimate of the total allowable cost incurred under the task order; and

(ii) In the case of a cost underrun, the amount by which the estimated cost of the task order may be reduced to recover excess funds.

(e) Term Form Task Orders.

(1) The Contractor shall notify the Contracting Officer immediately in writing whenever it has reason to believe that:

(i) The level of effort the Contractor expects to incur under any term form order in the next 60 days, when added to the level of effort previously expended in the performance of that order, will exceed 75% of the level of effort established for that order; or

(ii) The level of effort required to perform a particular term form order will be greater than the level of effort established for that order.

As part of the notification, the Contractor shall provide the Contracting Officer a revised estimate of the level of effort required to perform the order. As part of the notification, the Contractor also shall submit any proposal for adjustment to the estimated cost and fixed fee that it deems would be equitable if the Government were to increase the level of effort as proposed by the Contractor.

Any such upward adjustment shall be prospective only, i.e., will apply only to effort expended after a modification (if any) is issued. However, whether an increase in fixed fee is appropriate shall depend on the circumstances involved, and, except as otherwise provided in the contract, shall be entirely within the discretion of the Contracting Officer.

(2) In performing term form task orders, the Contractor may use any combination of hours of the labor categories listed in the task order.

(3) Within thirty days after completion of the work under each term form task order, the

Contractor shall submit the following information directly, in writing, to the Contracting Officer:

(i) The total number of labor hours of direct labor, including subcontract labor, expended and a breakdown of this total showing the number of labor hours expended in each direct labor classification listed in the task order schedule, including the identification of the key employees utilized;

(ii) The Contractor's estimate of the total allowable cost incurred under the task order; and

(iii) In the case of a cost underrun, the amount by which the estimated cost of the task order may be reduced to recover excess funds.

(4) In the event that less than 100% of the established level of effort of a term order (or if said level of effort has been previously revised upward, of the fee-bearing portion of the additional hours by which the level of effort was last increased) is actually expended by the completion date of the contract, the Government shall have the option of:

(i) Requiring the Contractor to continue performance, subject to the provisions of the "Limitation of Cost" or the "Limitation of Funds" clause, as applicable, until the effort expended equals 100% of the established level of effort (or of the fee-bearing portion of the last upward revision); or

(ii) Effecting a reduction in the fixed fee by the percentage by which the total expended labor hours is less than 100% of the established level of effort (or the fee-bearing portion of the last upward revision).

(5) In the event that the expended level of effort of a term order exceeds the established level of effort by 10% or less, but does not exceed the estimated cost of the order, the Contractor shall be entitled to cost reimbursement for actual hours expended, not to exceed the ceiling cost. The

Contractor shall not be paid fixed fee, however, on level of effort in excess of 100% without complying with subsection (e) (1) above. This understanding does not supersede or change subsection (e) (1) above, whereby the Contractor and Government may agree on a change to the task order level of effort with an equitable adjustment for both cost and fee.

(End of Section B)

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

C.1 SCOPE OF WORK

Services shall be performed in accordance with a Statement of Work (SOW) Attachment #1.

C.2 PERSONNEL QUALIFICATIONS

(a) Qualifications. The Contractor shall provide personnel having the minimum levels of professional/technical experience and education as specified for each labor category in the Labor

Category Qualifications, Attachment #2. In addition, key personnel are subject to the terms of

Clause H.7, Key Personnel Requirements.

(b) Workmanship. Unless otherwise specified in this contract, the quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required by law.

C.3 SECURITY REQUIREMENTS

The Contractor shall comply with Attachment #5, DD Form 254, Contract Security Classification

Specification, and any documents such as Classification Guides attached thereto or referenced thereon.

C.4 ACCESSIBILITY REQUIREMENTS (SECTION 508)

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998

(P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled

Federal employees and members of the public.

All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified:

Section 508 Applicable EIT Accessibility Standards

36 CFR 1194.21 Software Applications and Operating Systems, applies to all EIT software applications and operating systems procured or developed under this work statement including but not limited to GOTS and COTS software. In addition, this standard is to be applied to Web-based applications when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.

36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all

Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous JavaScript and XML (AJAX) then 1194.21 Software standards also apply to fulfill functional performance criteria.

36 CFR 1194.31 Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria.

36 CFR 1194.41 Information Documentation and Support applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required

1194.31 Functional Performance Criteria, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using

TTY.

Section 508 Applicable Exceptions

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the COR and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.3(b) Incidental to Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

Section 508 Compliance Requirements

36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meets some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology (OAST) in accordance with DHS MD 4010.2.

All tasks for testing of functional and/or technical requirements must include specific testing for

Section 508 compliance, and must use DHS Office of Accessible Systems and Technology approved testing methods and tools. For information about approved testing methods and tools send an email to accessibility@dhs.gov.

(End of Section C) mailto:accessibility@dhs.gov

SECTION D - PACKAGING AND MARKING

D.1 F.O.B. POINT

All items shall be shipped f.o.b. destination with all shipping and transportation costs prepaid.

D.2 DELIVERY OF DATA

(a) The Sample Data Deliverable List included in the Statement of Work (SOW), Attachment #1 of this contract are representative of data likely to be required during performance. Place and time of delivery of data will be as specified on the Data Deliverables listing, supplied with each task order. The Data Deliverables furnished with the individual task orders shall control. Any change in the delivery of data will be made by a formal modification to the task order.

(b)The Contractor shall distribute data items according to the distribution shown on the Data

Deliverable List, supplied with each task order. The Contractor shall not distribute, release, or show data items or other technical data to third parties except with the written permission of the

Contracting Officer.

(c) All copies of data deliverable items under this contract, regardless of distribution, shall be marked on the report cover with the following information:

U.S. Coast Guard Research and Development Center

Contract, Task Order, and Deliverable Numbers

Report Title

Date of Report

Contractor Name (division which generated the report)

(c) Data furnished hereunder shall be adequately packaged to assure safe delivery at destination.

(d) Transmittal of classified information by mail shall be in accordance with the National

Industrial Security Program Operating Manual (NISPOM) for Safeguarding Classified

Information (DOD 5220.22-M).

(e) If the data deliverable is submitted by electronic mail, the contractor shall identify the deliverable in the subject line of the email message as follows:

Deliverable No., Deliverable Title, Contract No., Task Order No.

D.3 PRESERVATION, PACKAGING, PACKING, AND MARKING (OTHER THAN

DATA)

(a) Preservation, packaging, packing, and marking shall be in accordance with best commercial practices to meet the packing requirements of the carrier and to ensure safe delivery at destination. Additionally, the Contractor shall mark all deliverables with the following:

Contract Number

Task Order Number

Description of Item

Mark For: ___________________________________________________

Name Telephone

(b) If applicable, deliverables containing software or other magnetic media shall be marked on external package with a notice reading substantially as follows: “CAUTION:

SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT EXPOSE TO HEAT OR

MAGNETIC FIELDS.”

(c) When practical, one set of the unpacking instructions shall be placed in a heavy waterproof envelope prominently marked “UNPACKING INFORMATION” and firmly affixed to the outside of the deliverable in a protected location. If the unpacking instructions are too large to be affixed to the exterior of the deliverable, they shall be placed inside and directions for locating them provided in the envelope marked “UNPACKING INFORMATION.”

(d) The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper, and similar hygroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

(End of Section D)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR CLAUSES INCORPORATED BY REFERENCE

Clause Number Clause

Description

52.246-9 Inspection of Research and Development (Short Form) (Apr 1984)

E.2 GOVERNMENT REVIEW AND ACCEPTANCE

(a) The Government will review and verify that all deliverables associated with a task order issued under this contract fulfill the requirements and standards stated in this contract and in the associated task order.

(b) Technical inspection and acceptance of all work, performance, reports, and other deliverables under this contract will be performed at Destination, unless otherwise specified in individual task orders. The task order will also designate the Contracting Officer's Representative (COR) responsible for inspection and acceptance, as well as the basis for acceptance. Task order deliverable items rejected shall be corrected in accordance with the applicable clauses.

(c) Unless otherwise stated in the individual task order, the Government will provide written notification of acceptance or rejection of all final deliverables within thirty (30) days. Absent written notification, final deliverables will be construed as accepted. All notifications of rejection will be accompanied by an explanation of the specific deficiencies causing the rejection.

(End of Section E)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR CLAUSES INCORPORATED BY REFERENCE

Clause Number

Description

52.242-15 Stop-Work Order (Aug 1989) - Alternate I (Apr 1984)

52.242-17 Government Delay of Work (Apr 1984)

52.247-34 F.O.B. Destination. (Nov 1991)

F.2 PERFORMANCE PERIOD

(a) The ordering period of this contract is five (5) years from the effective date of contract award.

(See Section I, FAR 52.216-18, Ordering). The Contractor shall not be required to make deliveries under this contract beyond the end date of any task order placed within the basic contract ordering period. (See Section I, FAR 52.216-22, Indefinite Quantity).

(b) Task order periods of performance and deliverables will be specified in each individual task order.

(c) Costs incurred prior to the start date or after the end date shall not be allowable without the written consent of the Contracting Officer

F.3 DELIVERIES

Delivery of supplies, services, written documents, etc. (including required formats and delivery locations) shall be in accordance with the task order requirements. All correspondence and reports related to each task order shall be delivered to the Contracting Officer and/or designated

Contracting Officer’s Representative (COR) as specified in the Task Order.

F.4 PLACE OF PERFORMANCE

Work shall be performed primarily at the Contractor’s facility or other locations as required by individual task order SOWs.

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTUAL AUTHORITY AND COMMUNICATIONS

(a) The Contracting Officer is the only person authorized to approve changes to any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the contractual authority remains solely the Contracting Officer’s. In addition to the

Contracting Officer identified below, individual task order Contracting Officers will be identified for each task order issued under this contract.

(b) In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract or any task order between the Contractor and any other person become effective or binding upon the Government. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) Except as specified in paragraph (b) above, no order, statement, or conduct of any

Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract. If in the opinion of the Contractor, an effort outside the existing scope of this contract or any task order is requested, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor unless the

Contracting Officer has issued a formal modification. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer for this contract or any task order issued hereunder, the change will be considered to have been made without authority and no cost adjustment will be made to this contract or any task order to cover an increase in charges incurred as a result thereof.

(d) The Government reserves the right to administratively transfer authority over this contract from the individual named below to another Contracting Officer at any time. A Contracting

Officer will be assigned to each individual Task Order and will be named in the Task Order award document. A Contract Specialist will be assigned to each individual Task Orders and will be named in the Task Order award document.

(e) The Contracting Officer for this contract is:

Name: Ms. Brenda M. Burke

Address: Contracting Office

U.S. Coast Guard Research and Development Center

Telephone: (860) 271-2872

E-mail: Brenda.m.burke@uscg.mil

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT

(a) Contracting Officer’s Representative (COR). The Contracting Officer hereby appoints a COR for this contract. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease to the cost of this contract or otherwise affect any other contract terms. The following individual is appointed as the COR for this contract:

COR: [*]

Mailing Address: U.S. Coast Guard Research and Development

Center

Telephone: (860) 271-[*]

E-mail: [*]@uscg.mil

(b) Alternate COR. In the absence of the COR named above, all responsibilities and functions assigned to the COR shall be the responsibility of the Alternate COR acting on behalf of the

COR. The Contracting Officer hereby appoints the following individual as the Alternate COR.

ALT. COR: [*]

Telephone: (860) 271-[*]

E-mail: [*]@uscg.mil

(c) The Contracting Officer is the only person authorized to approve changes to any of the requirements of this contract. Therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the

Contractor and any other person be effective or binding on the Government. If, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the

Contractor unless the Contracting Officer has issued a formal modification.

(d) Task Order Contracting Officer’s Representative (TOCOR). The Contracting Officer will designate a TOCOR for each individual task order issued under this contract. The TOCOR will be named in the task order award document. This individual will perform the duties of the

Contracting Officer’s Representative in connection with the technical oversight of the task order.

The TOCOR will be the technical point of contact for that task order and will be responsible for the specific functions identified in the TOCOR.

* To be filled in at time of award.

G.3 PAYMENT OF FIXED FEE

(a) The fixed fee specified in Section B of this contract represents the maximum fee that shall be paid under this contract. For the prime Contractor the fee applied to cost is established at [*%], and the fee applied to Subcontractor costs is established at [*%]. This fee shall be paid, subject to any adjustment required by other provisions of this contract, in installments at the time of each provisional payment for reimbursement of allowable cost. This clause addresses payment of fixed fee for both term and completion form task orders. In no event shall the Contractor exceed the fixed fee established for each task order.

(b) Requests for provisional fee payment must be based on and be consistent with the information stated in the contract or task order financing request. Provisional payment of fee will be subject to other relevant clauses of the contract including retainage.

(c) For term form task orders, a portion of fixed fee specified in the task order will be paid on a provisional basis. The amount of such payments will be based on the fee percentage established in the basic contract applied to the allowable costs for the period being invoiced. No fee shall be paid under term form task orders for work not performed.

(d) For completion form task orders, if performance is considered satisfactory as determined by the Contracting Officer, the Government may make provisional fee payments subject to FAR

52.216-8, Fixed Fee, on the basis of percentage of work completed. The Contractor is entitled to the full amount of fixed fee upon the acceptable completion of the task order. The Contractor shall be required to complete the specified end product (e.g., a final report or working system) within the estimated cost as a condition for payment of the entire fixed fee. In the event the work cannot be completed within the estimated cost, the Government may require more effort without any increase in fee, provided the Government increases the estimated cost. If the Government chooses not to increase the estimated cost, the fixed fee payable will be based on the Contracting

Officer’s determination of the percentage of completion of the specified end product(s).

*To be filled in at time of award

G.4 TASK ORDER OMBUDSMAN

(a) Contractors wishing to issue complaints regarding the request for proposal or award of individual task orders shall submit such complaints to the Task Order Ombudsman, Diane C.

Christensen, Division Chief of Contracting, USCG Research and Development Center, 1 Chelsea

Street, New London, CT 06320. (860) 271-2890. Email: diane.c.christensen@uscg.mil.

(b) It should be noted that in accordance with FAR 16.505(a)(10)(i)(A), no protest is authorized in connection with the issuance of a task order except for a protest on the grounds that the task order increases the scope, period of performance, or maximum value of the contract.

G.5 CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARS)

(a) Pursuant to FAR 42.1502 and DHS FAR Class Deviation 11-03, this contract is subject to

DoD’s Contractor Performance Assessment Rating System (CPARS). CPARS is an automated centralized information system accessible via the Internet that maintains reports of Contractor performance. CPARS is located at http://www.cpars.csd.disa.mil/cparsmain.htm. Further information on CPARS is available at this web-site.

(b) Under CPARS, on an annual basis, the Government will conduct a performance evaluation on the base contract regarding task orders completed within the past year.. The Contractor has sixty (60) days after the Government’s evaluation is completed to comment on the evaluation.

The opportunity to review and comment is limited to this time period and will not be extended.

The Contractor’s failure to review and/or comment on the report during the allotted period will not prevent the Government from using the report.

mailto:diane.c.christensen@uscg.mil http://www.cpars.csd.disa.mil/cparsmain.htm

(c) The CPARS system requires the Government to assign the Contractor a User ID and password in order to view and comment on the evaluation. The Contractor shall provide the Name(s) of at least one individual (not more than three) that will be assigned as their Contractor Representative for CPARS.

Name Phone E-mail Address (optional)

*Offeror shall fill in the above information.

G.6 COST ACCOUNTING SYSTEMS

(a) Cost Accounting System

The Contractor shall maintain a cost accounting system that will accumulate costs incurred for each task order separately. The accounting system must be determined adequate by the

Government.

(b) Task Order Proposal Preparation Cost

Bid and Proposal (B&P) costs incurred in connection with the preparation of task order proposals will be reimbursed in accordance with FAR 31.205-18 (c) Allowability. Except as provided in paragraphs (d) and (e) of subsection 31-205-18, or as provided in agency regulations, costs for

B&P are allowable as indirect expenses on contracts to the extent that those costs are allocable and reasonable. B&P costs will not be reimbursed as direct costs.

(c) Uncompensated Overtime

Uncompensated overtime is defined as hours worked by Fair Labor Standards Act exempt employees in excess of 40 hours per week for which no compensation is paid in excess of normal weekly salary. The Contractor /subcontractor shall include uncompensated overtime in their cost proposal only if the practice is consistent with its established accounting practices. The

Contractor/subcontractor accounting system shall record all direct and indirect hours worked, including uncompensated overtime.

Only the Contractor/subcontractor who included uncompensated effort in their contract proposals shall utilize this accounting practice in a task order proposal or during performance. Similarly, task order proposals shall include uncompensated effort consistent with contract cost proposals.

Task order proposals, which deviate from contract proposals, shall include an explanation for the deviation for the Contracting Officer's consideration.*

* The term “contract proposals” as used in this clause refers to proposals, which may result in initial contract award. “Task order proposals” refers to proposals received in response to task order request for proposals.

G.7 COGNIZANT DEFENSE CONTRACT AUDIT AGENCY

The cognizant Defense Contract Audit Agency (DCAA) for this contract is:

DCAA Office: [*]

Address: [*]

Telephone: [*]

E-mail Address: [*]

* Offeror shall fill in the above information.

G.8 CONTRACTOR’S POINTS OF CONTACT

(a) The Contractor’s Senior Management Representative (SMR) shall have authority to manage affairs and assign resources. The SMR shall report to the company’s highest-level management.

The SMR shall be the point of contact for the Contracting Officer or Coordinating Contracting

Officer’s Representative when contract or task order issues occur that require the attention of a higher authority than the Program Manager. The SMR, point of contact for performance under this contract, is:

Name: [*]

Title: [*]

Address: [*]

E-mail: [*]

(b) The Contractor’s Contracting Administrator, point of contact for performance under this contract, is:

Name: [*]

Title: [*]

Address: [*]

E-mail: [*]

* Offeror shall fill in the above information.

G.9 INVOICE PAYMENTS

(a) The Contractor shall submit invoices on an individual task order basis; not more frequently than biweekly, for costs incurred. The lapse between performance and the submission of invoices shall not exceed thirty (30) days. The submittal shall consist of an invoice prepared in accordance with the clause in Section I entitled, FAR 52.232-25, Prompt Payment.

(b) Each invoice shall contain the following information:

Contract and Task Order Number

Name of the Contract Specialist (KS) or Contracting Officer (KO)

Invoice Routing Code assigned by the Coast Guard

Annotation on the invoice indicating that the Contractor represents a small business for accelerated payment purposes.

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract and each task order is:

CG-9128.

(d) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

USCG Finance Center (FINCEN) Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

Fax: (757) 523-6900

Mailed to:

Commercial Invoices

U.S. Coast Guard Finance Center

1430A Kristina Way

Chesapeake, VA 23326

(e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web-based invoice submission capability must be submitted as a single Adobe.pdf formatted file, or as otherwise specified in the contract.

(f) Supporting documentation along with a courtesy copy of the invoice shall be e-mailed to the

KS or KO and/or COR as identified in the task order award document.

(g) The Contractor shall be required to submit invoices directly to the cognizant Defense Contract

Audit Agency (DCAA) office identified in this contract at the same time as the electronic copy is sent to the KS/KO/COR.

(h) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.;

(ii) For invoices electronically transmitted by the Contractor via web-based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(iii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date.

(2) On the date placed on the invoice by the Contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web based submission by the Contractor and receipt confirmation does not reflect

Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained - at the following website:

https://www.fincen.uscg.mil/secure/payment.htm.

(i) Interim Invoices. In addition to the information required by the clauses in Section I entitled, 52.216-7, Allowable Cost and Payment, and FAR 52.232-25, Prompt Payment, an invoice shall meet the following requirements:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm https://www.fincen.uscg.mil/secure/payment.htm

Each invoice shall be consecutively numbered for each task order.

(2) The invoice shall include current and cumulative charges by major cost element such as direct labor, overhead and other direct costs (ODCs), and fee. For the prime Contractor, each invoice shall identify the indirect billing rates. For the prime Contractor and each Subcontractor, each invoice shall cite direct labor hours incurred by labor category and number of hours worked.

For the prime Contractor and each subcontractor, all ODCs shall be broken out and identified such as travel, subcontracting, material, and equipment.

(3) Invoices shall clearly indicate the period of performance for which payment is requested.

(4) When the Contractor submits invoices on a monthly basis, the performance period covered by invoices shall be the same as the performance period for the corresponding monthly progress reports submitted under the task order.

(5) Pending settlement of the final indirect rates for any period, the Contractor will be reimbursed at billing rates approved by the Cognizant Federal Agency (CFA). The Contractor shall ensure that any change in the identity of the CFA responsible for establishment of its indirect rate factors is made known to the KO. These rates are subject to appropriate adjustments when revised by mutual agreement or when the final indirect rates are settled either by mutual agreement or unilateral determination by the CFA (See FAR 42.704). In accordance with FAR

52.216-7, Allowable Cost and Payment, the Contractor shall submit to the CFA a proposal for final indirect rates based on the Contractor’s actual costs for the period, together with all supporting data. In addition, Contractors are required by the CFA to submit billing rate proposals, usually no later than 30 days after the close of its fiscal year, for the ensuing fiscal year to the

CFA. The Contractor’s failure to provide the rate proposal in a timely manner may impact payment of invoices and could ultimately result in suspension of the indirect expense portion. The

Contractor shall provide copies of all rates established by the CFA to the KO. It is imperative that the KO be provided signed copies of all rate agreements since these rate agreements must be in the possession of the KO before any rates contained therein can be utilized by the Contractor for cost reimbursement.

(j) Audit Information and Records. The following information and records shall be compiled, retained and made available to the KO for audit purposes upon request, in accordance with the clause in Section I entitled, FAR 52.215-2, Audit and Records – Negotiation:

(1) Travel records shall be broken out by person including travel dates and locations. Per trip, each person on travel shall have the total cost of their tickets, lodging, car rentals, meals, etc.

delineated. A travel expense report or receipts for travel mode (air, train, etc.), lodging and travel expenses exceeding $75.

All ODCs procured in connection with this effort shall be broken out providing detailed information identifying material, equipment, supplies, etc. and the cost for each item.

(3) A copy of each Subcontractor’s invoice including current charges for labor including labor hours incurred by labor category and a detailed breakdown of ODCs such as travel, material, equipment, supplies, etc. and the cost for each item.

(k) Last Interim Invoice. The Contractor shall submit a last interim invoice for each task order.

The last interim invoice shall consist of the completion invoice (clearly identified in accordance with FAR 52.216-7, Allowable Cost and Payment) prior to the establishment of final annual indirect rates. The last interim invoice shall be submitted within one year of the contract’s physical completion.

(l) Final Invoice. For each task order, the Contractor shall submit a final invoice, along with the

DHS Form 700-1, Cumulative Claim and Reconciliation Statement, DHS Form 700-2, Contractor's Assignment of Refunds, Rebates, Credits, and Other Amounts, and DHS Form 700-

3, Contractor's Release, to the KO, following the final adjustment of its annual indirect rates per

FAR 52.216-7, Allowable Cost and Payment.

G.10 CALENDAR DAYS

Unless otherwise specified in this contract and/or task order issued hereunder, all references to

“days” are defined as “calendar” days.

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 LEVEL OF EFFORT NOTIFICATION (TERM FORM TASK ORDERS)

(a) The Contractor shall formally notify the Contracting Officer immediately in writing whenever it has reason to believe that:

The level of effort that the Contractor expects to incur under any term form task order in the next

30 days, when added to the level of effort previously expended in the performance of that task order, will exceed 75% of the level of effort established for that task order; or

The level of effort required to perform a particular task order will be greater than the level of effort established for the task order.

Notification to any individual other than the Task Order Contracting Officer shall not constitute compliance with this requirement. No other form of “notification” (e.g., mention in any type of monthly progress or status report) will affect compliance with this requirement.

(b) Either FAR 52.232-20, Limitation of Cost, or 52.232-22, Limitation of Funds, depending on whether the task order is fully funded or not, applies independently to each task order under this contract and nothing in this clause amends the rights or responsibilities of the parties under either of these two clauses. The notifications required by this clause are separate and distinct from any specified in the Limitation of Cost or Limitation of Funds clause.

H.2 ORDERING UNDER A MULTIPLE AWARD CONTRACT

(a) Ordering. The contractor shall furnish supplies or services under this contract at such times as ordered by a Contracting Officer of the US Coast Guard Research and Development Center

(RDC). All orders issued hereunder are subject to the terms and conditions of this contract.

This contract shall control in the event of conflict with any order. When mailed, an order shall be "issued" for purpose of this contract at the time the Government deposits the order in the mail, or, if transmitted by other means, when physically delivered to the Contractor.

(b) Order Form and Content. Orders will be issued on Optional Form 347 and shall include at least the following:

(1) Date of order

(2) Contract and order number

(3) Appropriation and accounting data

(4) Description of the services to be performed, including the period of performance, and a description of any end items to be delivered

(5) Identification as either a term form or completion form order

(6) For term form orders, the level of effort including the estimated number of hours for each applicable labor category required to perform the order

(7) For completion form orders, the estimated level of effort

(8) Data Deliverable List (as applicable)

(9) Exact place of pickup or delivery

(10) The inspecting and accepting codes (as applicable)

(11) The Estimated Cost, the Fixed Fee and the Cost Plus Fixed Fee (CPFF) amount or the

Ceiling Price, as applicable

(12) List of Government Furnished Property and the estimated value thereof, if applicable.

(13) DD Form 254 (Contract Security Classification Spec), if applicable

(c) Term or Completion Form Orders. Cost reimbursement orders may be issued on either a

Term or Completion form basis as described in FAR 16.306. Fixed Fee shall be paid in accordance with the applicable Payment of Fixed Fee clause.

(d) Oral Orders. Oral orders (or modifications to orders) may be placed only as follows. The information described above shall be furnished to the contractor at the time of placing an oral order and shall be confirmed by issuance of a written order within ten working days.

Unilateral orders cannot be issued orally.

(e) Unilateral Orders. Orders under this contract will ordinarily be issued after both parties agree on all terms. If the parties fail to agree, the Contracting Officer may require the

Contractor to perform and any disagreement shall be deemed a dispute within the meaning of the Disputes clause.

(f) Cautionary Note. Nothing stated in an order, in a quote, or in discussions thereto, can modify the basic contract terms or regulations governing this contract. Orders are not advance agreements under FAR 31.109; costs incurred remain subject to the same standards of allowability regardless of whether they were used as a basis for projecting order pricing.

(g) Competition. Each awardee shall be provided a fair opportunity to be considered for each order issued under the contract that is estimated to be in excess of $2,500 unless the contracting officer determines, in writing, that one of the following exceptions apply:

(1) The agency need for the supplies or services is of such an unusual and compelling urgency that providing a fair opportunity to each awardee would result in unacceptable delays.

(2) Only one contractor is capable of providing the required supplies or services at the level of quality or expertise required, due to the unique or highly specialized nature of the supplies or services.

(3) In the interest of economy and efficiency, as a logical follow-on phase of an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) It is necessary to place an order to satisfy a minimum guarantee

(i) Contractor Selection. In selecting the contractor to perform the order:

(1) Each contractor will be informed of a new RFP by either phone call or email. The

RFP will be forwarded electronically and will provide the details (work, evaluation factors) of each order.

(2) The contracting officer may use any combination of written proposals and oral presentations appropriate for the particular order.

(3) The contracting officer will consider the offeror's performance (quality of deliverables, cost control, etc.) on orders under this contract.

(4) The contracting officer may consider other factors such as, but not limited to;

personnel, cost, management approach, technical approach, facilities, etc. Subfactors will not be identified. Evaluation factors may vary from order to order.

(5) The contracting officer's decision is final and not subject to the Disputes clause of the contract.

Complaints will be addressed to the order Ombudsman for this contract.

(j) Ombudsman. The Ombudsman office for this contract is:

Department of Homeland Security

United States Coast Guard (CG-9131)

Ombudsman Program for Agency Protests

1900 Half Street, SW, Room 11-0602

Washington, D.C. 20593-0001

FAX: (202) 475-3904

H.3 INCREMENTAL FUNDING OF TASK ORDERS

(a) Subject to FAR 52.232-22, Limitation of Funds, task orders issued under this contract may be incrementally funded.

(b) When a term form task order is incrementally funded, the following clauses will be set forth in full in the task order:

Limitation of Liability – Initial Incremental Funding (Term Form)

(a) The amount available for payment for this incrementally funded task order is $__________.

The amount allocated to the estimated cost is $__________. The amount allocated to the fixed fee is $__________. FAR 52.232-22, Limitation of Funds, applies to the amount allotted to cover the estimated costs only. The fixed fee will be payable in accordance with other clauses of the contract.

(b) The estimated level of effort applicable to the incremental funding provided herein is

__________ labor hours.

(c) The incremental funding provided herein is estimated to be adequate for services performed through __________.

Limitation of Liability – Subsequent Incremental Funding (Term Form)

(a) Additional funds in the amount of $__________ are hereby provided for continued performance under this task order. The amount allocated to the estimated cost is increased from

$__________ by $__________ to $__________. The amount allocated to the fixed fee is increased from $__________ by $__________ to $__________. The total funding obligated for performance is therefore increased from $__________ by $__________ to $__________. Subject to FAR 52.232-22, Limitation of Funds, no legal liability on the part of the Government for payment in excess of $__________ shall arise unless additional funds are made available and are incorporated by modification to this task order.

(b) The estimated level of effort applicable to the incremental funding provided herein is

__________ labor hours. The total estimated level of effort for this task order is therefore increased from __________ labor hours by __________…