Final_RFP_Section_F.docx

HSHQDC-15-R-00050

SECTION F

SECTION F—DELIVERIES OR PERFORMANCE

Section Table of Contents:

F.1 Period of Performance:

a. This contract shall be effective as specified in Block No. 28 – Award Date, of Standard Form 33, and shall continue up to and including TBD, unless sooner terminated according to its terms. The contract may be extended either through the exercise of option line items or in accordance with Section F.7 entitled “Award Term—Terms and Conditions”.

b. The optional contract transition period is from award date through TBD. The Contractor will assume full operational control of the Laboratory on TBD.

c. The contract’s maximum period of performance, including the transition period, option line items, and award term(s), if earned, shall not exceed 10 years, two (2) months (transition out period).

F.2 Place of Performance:

The place of performance for this contract shall be at the National Biodefense Analysis Countermeasures Center at Fort Detrick or at other locations approved by the DHS/S&T Contracting Officer’s Representative identified in Section G of this solicitation/contract.

F.3 Notice of Delay:

If, because of technical difficulties, the Contractor becomes unable to complete the contract work at the time specified, notwithstanding the exercise of good faith and diligent efforts in performing the work called for under this contract, the Contractor shall give the contracting Officer written notice of the anticipated delay and the reasons for it. The notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no event less than 45 days before the completion date specified in this contract, unless otherwise permitted by the Contracting Officer. When notice is given, the Contracting Officer may extend the time specified in the Schedule for such period as deemed advisable.

F.4 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses:

F.5 Technical Data and Information:

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, Exhibit A, attached hereto, and the following:

a. The contractor shall concurrently deliver technical data and information per Contract Data Requirements List (CDRL), Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the CDRL (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below. Additionally, the technical data shall be delivered to the following individuals who are listed in Block 6 of the CDRL:

1. Procuring Contracting Officer (PCO), Aaron H. Ford (Code: DHS/CPO/OPO/STAD)

2. Administrative Contracting Officer (ACO), N/A (Code: N/A)

3. See Block 14 instructions in Block 19 of each CDRL for deliverable distribution instructions.

b. Partial delivery of data is not acceptable unless specifically authorized on the Contract Data Requirement List form or approved in writing by the PCO.

c. The Government review period provided on the CDRL for each item commences upon receipt of all required data by the technical activity designated in Block 6.

d. A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes/names reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.

e. The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.

f. Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.

g. CDRL, Block 14 Mailing Addresses: (See Attachment 1 to Contract Data Requirements List (CDRL) located in Section J of the solicitation/contract) F.6 Award-Term—Terms and Conditions:

a. General.

In addition to the terms set forth elsewhere in the contract, the Contractor may earn an extension to the contract’s period of performance from a minimum of one-year to a maximum of five-years on the basis of performance during evaluation periods. The basic contract consists of a five year period of performance consisting of a one-year base period and four one-year option periods. Under this framework, the basic contract’s five-year term may be extended on the basis of the Government’s determination of excellence of the Contractor’s performance, resulting in the contract’s period of performance lasting up to a maximum of 10 years. These five, one-years additional periods of performance which are referred to herein as “Award-Terms,” that are available for possible award to the Contractor. As Award-Term(s) are awarded, each year of performance will be added to the end of the period of performance at the time of the Award-Term determination. The contract may end at the basic contract’s five-year period of performance if the Government determines that the Contractor’s performance does not reflect a level of performance as described in the Award-Term Plan that is attached to Section J of this contract. (See Attachment 3 to this document)

b. Award Term—the Award-Term concept is an incentive that permits extension of the contract period beyond the contract’s basic period of performance for superior performance.

c. Award-Term contract arrangements—award-term arrangements are very similar to award-fee contracts, however, instead of money as compensation for quality performance, the Contractor is awarded additional periods of performance. Or, if performance is habitually below standard, the period of performance could be shortened. Award-term arrangements are most suitable when establishing of a long-term relationship is valuable both to the Government and to the potential Contractor. They differ from options in that award-terms are based on a formal evaluation process and do not entail the regulatory procedures associated with priced options. Award-term arrangements are relatively new.

d. Term Points—Positive points are accumulated during each evaluation period on the basis of the Contractor’s performance. An accumulation of positive points (e.g., +50, +75, +100,) is required for a one-year term extension in the contract period.

e. Award-Term Plan—the evaluation criteria, the associated points, and the associated award-term extensions are specified in the Award Term Plan which is attached to Section J of this contract. (See Attachment 3 to this document)

f. Modification of Award-Term Plan—Changes may be made to the Award-Term Plan at any time during contract performance, provided that both parties agree to them. If agreement cannot be reached on changes, the initial Award-Term Plan remains in effect.

g. Monitoring of Performance—the Contractor’s performance will be continually monitored by the Performance Evaluation Board (PEB) and by other Governmental organizations that use the NBACC FFRDC for work. Those other Governmental organizations will provide their observations to the PEB for evaluation purposes. The PEB will recommend whether to exercise the Award-Term to the Term Determining Official (TDO), who will make the final decision on whether or not to exercise the award-term during the award-term evaluation period.

h. Award-Term Evaluation Factors—Award-Term evaluation factors are objective technical criteria that are defined in the Award Term Plan (See Attachment 3) Any changes, deletions, or additions to the evaluation factors for a specific period may be made unilaterally by the Government and will be provided in writing to the Contractor 30 days prior to the start of the Award-Term period.

The Contractor’s performance to the defined Award-Term evaluation factors for the period will be the basis for the Government’s determination of the Contractor’s performance for awarding an additional Award-Term, if any.

i. Self-Evaluation—the Contractor will submit to the Contracting Officer, within 20 calendar days after the end of each award-term evaluation period, a written self-evaluation of its performance for that period. This self-evaluation shall be limited to 50 pages. It will be used in the PEB’s evaluation of the Contractor’s performance during this period.

j. Award-Term Determination Process—as discussed in the Award-Term Plan, the Government will determine the Contractor’s adjective rating for the award-term period based on the Contractor’s performance against the Award-Term evaluation factors. At the end of the twelve month Award-Term evaluation, the Performance Evaluation Board will make a recommendation to the Term Determining Official (TDO). The TDO will make the final Award-Term determination in accordance with the Award-Term Plan. The Contractor will be awarded Award-Term period of contract performance only if the following conditions are met:

1. The Government has determined that the Contractor meets the performance criteria.

2. The Government has a continuing need for the requirement to be met.

3. Funds are available.

k. Award-Term Extension—the contract period may be modified to reflect the TDO decision. The total period of performance, including extensions under this clause, will not exceed 10 years. If, at any time, the contract period does not extend more than two years from TDO decision, the operation of the award-term provision will cease and the ordering period will not extend beyond the term set at that time.

l. Disputes—decisions regarding the award-term, including but not limited to—the amount of the award term, if any, the methodology used to calculate the award-term; calculation of award-term; the supplier’s entitlement to the award-term; and the nature and success of the Contractor’s performance, are made by TDO. These decisions are final and not subject to dispute.

m. Cancellation of Award-Term by the Government—the Government may cancel any award-term period by notifying the Contractor in writing within 60 days prior to the beginning of the award-term period if any of the conditions listed above are not met.

n. Declining Earned Award-Term—Should the Contractor choose to decline an award-term period, notification shall be given to the Contracting Officer in writing no less than 6 months prior to the end of the contract’s period of performance, specified in Section F of the Contract. The Contractor shall continue to perform to the required standards of the contract during this 6-month period.

o. Contract Termination—the Government may terminate the contract for convenience or default in accordance with Federal Acquisition Regulation 52.249-6, Termination (Cost Reimbursement), clause included in Section I, and nothing herein shall be considered in derogation of the Government’s rights under that, or any other clause of this contract.

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