Final_RFP_Section_G.docx

HSHQDC-15-R-00050

SECTION G

SECTION G—CONTRACT ADMINISTRATION DATA

Section Table of Contents

G.1 Contractor’s Authorized Contract Coordinator:

The contractor shall state below the name and telephone numbers of the contractor’s employees responsible for coordination of contract functions/liaison with the Contracting Officer and/or Contract administrator, and providing technical assistance as required regarding product specifications, functionality, etc.

The Contractor’s Contract Coordinator and Alternate are identified in the tables below:

CONTRACT COORDINATOR: TBD at time of Award

ALTERNATE: TBD at time of Award

The Contractor shall notify the Contracting Officer in advance, in writing, of any changes in the above listed personnel.

G.2 Contracting Officer:

a. For the definition of Contracting Officer see FAR 2.101 – Definitions.

b. The Contracting Officer responsible for the award and administration for this contract is identified as follows:

c. The Contracting Officer (CO) assigned to this contract has responsibility for ensuring that the performance of all necessary actions for effective contracting; ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships. The CO is the only individual who has the authority to enter into, administer, or terminate this contract and is the only person authorized to approve changes to any of the requirements under this contract, this authority remains solely with the CO.

d. It is the Contractor’s responsibility to contact the CO immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. The Government will not reimburse the Contractor for any work not authorized by the CO, including work outside the scope of the contract.

G.3 Contracting Officer’s Representative:

a. COR for the Basic Contract. The Contracting Officer hereby appoints the following individual as Contracting Officer’s Representative(s) (COR) for this contract:

b. COR for Task Orders Issued under Work-For-Others (WFO) Program and the Analytic Tasks. Under these two programs, the Government may elect to specify a specific COR for the individual task order that is different from the COR for the basic contract. If the situation warrants, the Contracting Officer will, upon obtaining the appropriate documentation from the responsible Government activity, designate that specific individual in the Task Order documentation. In addition, the Contracting Officer will issue a COR Appointment Letter that is applicable to that specific Task Order. That letter will outline the specific responsibilities for the COR of the Task Order. As with the basic contract, the Contractor will receive a copy of the appointment letter for the COR of the Task Order upon the execution/distribution of the Task Order document.

c. Definition. As used in this clause, the term Contracting Officer’s Representative means an individual designated in accordance with applicable regulations and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

d. If the Contracting Officer, as in this instance, designates a Contracting Officer’s Representative, the Contractor will, at the time of contract award, receive a copy of the written designation. It will specify the extent of the COR’s authority to act on behalf of the Contracting Officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

e. It is emphasized that only the Contracting Officer has the authority to modify the terms of the contract. When/if, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the Contractor shall promptly notify the Procuring Contracting Officer (PCO) in writing. No action shall be taken by the Contractor unless the PCO or the Administrative Contracting Officer, if one has been identified/assigned, has issued a contractual change.

G.4 Executive Agent:

a. The Contracting Officer hereby appoints the following individual as the Executive Agent (EA) for this contract:

b. The appointed EA will participate with the Contracting Officer’s Representative in the administration of this contract specifically to evaluate the NBACC Contractor’s performance, inspect the services for the Government, and approve and provide Work Authorizations for the NBACC Contractor. This designation does not include authority to direct or authorize the NBACC Contractor to make changes in the scope or terms of the contract without the approval of the Procuring Contracting Officer.

G.5 Government Contract Administration Data:

a. Contract Administration Office

1. Contract administration functions (see Federal Acquisition Regulation 42.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order.

b. Special Instructions and Additional Functions

1. For this contract, the Procuring Contracting Officer has retained all the functions that are identified in FAR 42.302(a). The following contract administration functions are retained and delegated to the appropriate party in the table below (see FAR 42.302(a)):

estimated cost overruns…

quality assurance requirements

waiver/deviation requests

Inquiries regarding payment should be referred to the Contracting Officer’s Representative identified in Section G of this contract.

G.6 Technical Instructions:

a. Performance of the work hereunder may be subject to written technical instructions signed by the Contracting Officer’s Representative identified in Section G of this contract. As used herein, technical instructions are defined to include the following:

1. Directions to the Contractor which suggest certain lines of inquiry, shift work emphasis, fill-in details or otherwise serve to accomplish the contractual Statement of Work.

2. Guidelines to the Contractor which assist in the interpretation of drawings, specifications, or technical portions of the work description.

b. Technical instructions must be within the general scope of work stated in the contract. Technical instructions may not be used to:

1. assign additional work under the contract;

2. direct a change as defined in the "CHANGES" clause of this contract;

3. Increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or

4. Change any of the terms, conditions, or specifications of the contract.

c. If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten (10) working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the technical instruction is within the scope of this contract

d. Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement that is not affected by the disputed technical instruction.

G.7 Patent Matters Point of Contact:

The Point of Contact regarding patent matters for this contract is as follows:

G.8 Billing Instructions:

a. General Information:

When submitting a request for payment, the Contractor shall—

1. Identify the contract line item(s) on the payment request that reasonably reflect the contract work performance; and

2. Separately identify a payment amount for each contract line item included in a payment request.

b. Frequency of Invoicing:

The Contractor shall invoice monthly on the 15th day of each month for the work to be performed and the cost incurred during the previous month. Invoices shall be submitted to the email addresses listed in paragraph (e) below.

c. Voucher Requirements:

The Contractor shall submit vouchers in accordance with Federal Acquisition Regulation 52.216-7 entitled “Allowable Cost and Payment” (Jun 2013) and must specify, at a minimum, the following information for the billing period:

· Contract Number;

· Contractor Name, Address, Phone Number, and Email Address;

· Date of Invoice;

· Invoice/Voucher Number;

· A breakdown by Line Item number by cost element for the current billing period and the contract to date (e.g., Direct Labor (direct labor hours and rates); Material (if applicable); Material Overhead (if applicable) Direct Labor Overhead; Other Direct Costs; Subcontractor Costs; General and Administrative (G&A), fee, etc.

· The total cost billed for the current billing period; and

· The cumulative cost billed for the contract to date

d. Supporting Documentation Requirements for Vouchers:

Supporting documentation for applicable travel and other cost reimbursable Other Direct Costs (ODCs) being billed during the billing period shall be maintained at the Contractor’s facility for review upon request by the Contractor’s cognizant audit agency or the DHS Contracting Officer and/or Contracting Officer’s Representative.

e. Certification Requirements for Vouchers:

The cover page of the invoice shall include a statement similar to the following: “As an authorized corporate official of [Contractor TBD], I hereby certify that the above invoiced amount is true and accurate for the period identified herein.”

f. Payment Address Instructions:

Invoices shall be e-mailed to the following email address:

invoicessat.consolidation@ice.dhs.gov.

A copy shall be furnished to the Contracting Officer’s Representative of the basic contract identified in Clause G.5, Mr. Lewis Brown, via email at Lewis.Brown@hq.dhs.gov and to the DHS Contracting Officer identified in Clause G.4, Mr. Aaron H. Ford, via email at Aaron.Ford@hq.dhs.gov.

G.9 Payments in Support of Emergencies and Contingency Operations:

IMPORTANT NOTE—this clause will be activated in times of emergency. Subparagraph (d) of this clause provides direct guidance on when/how this clause will be activated during an emergency situation)

a. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.

b. Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer.

c. Invoice Payments.

1. Due Date.

i. Payment will be made as soon as possible once a proper invoice is received and matched with the contract and the receiving/acceptance report.

ii. If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

2. Contractor’s Invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice should include the items listed in paragraphs (c)(2)(i) through (c)(2)(x) of this clause.

i. Name and Address of Contractor.

ii. Invoice date and invoice number (the Contractor should date invoices as close as possible to the date of the mailing or transmission.)

iii. Contract Number and other authorization for supplies delivered or services performed (including order number and contract line item number).

iv. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

v. Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown on Government bills of lading.

vi. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in the proper notice of assignment).

vii. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

viii. Taxpayer Identification Number (when required). The TIN is required for all payees subject to the U.S. Internal Revenue Code.

ix. Electronic funds transfer banking information.

A. The Contractor shall include electronic funds transfer banking information on the invoice only if required elsewhere in this contract.

B. If electronic funds transfer banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct electronic funds transfer banking information in accordance with the applicable solicitation provisions (e.g., FAR 52.232-38, Submission of Electronic Funds Transfer Information With Offer), contract clause (e.g., FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or FAR 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management) or applicable agency procedures.

C. Electronic funds transfer banking information is not required if the Government waived the requirement to pay by electronic funds transfer.

x. Any other information or documentation required by the contract (e.g., evidence of shipment)

3. Discounts for prompt payment. The designated payment office will take cost-effective discounts if payment is made within the discount terms of the contract.

4. Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.

5. Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

i. Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment, including the—

A. Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

B. Affected contract number and delivery order number, if applicable;

C. Affected contract line item or sub-line item, if applicable; and

D. Contractor point of contact; and

ii. Provide a copy of the remittance and supporting documentation to the Contracting Officer.

d. Applicability of Clause. The Clause will become active in, as stated in the title of this clause, emergency situations. The Government will notify the Contractor through one of the following methods: (1) oral (via telephone) or (2) electronic via email that an emergency has been declared and that the emergency payment clause has been activated. The Government will follow-up with the formal notification with a modification that activates this payment clause. Once the emergency situation has ended, the Government will again notify the Contractor either via telephone or email that (1) the emergency has ended and (2) that this clause has been de-activated. Again, the Government will follow up this notification with a contract modification.

G.9 Segregation of Costs:

a. The Contractor agrees to segregate costs incurred under this contract at the lowest level of performance, either task or subtask, rather than on a total contract basis, and to submit invoices reflecting costs incurred at that level. Invoices shall contain summaries of work charged during the period covered, as well as overall cumulative summaries by labor category for all work invoiced to date, by line item, task or subtask.

b. Where there are multiple lines of accounting present, the Accounting Classification Reference Number (ACRN) preceding the accounting citation will be found in Section B and/or Section G of the contract or in the Task Order that authorizes work. Payment of Contractor invoices shall be accomplished only by charging the ACRN that corresponds to the work invoiced.

G.10 Allowable Costs:

The costs of performance of this Contract are defined as the necessary direct costs incurred during the period of performance of this Contract and amounts for appropriate indirect expenses applied in accordance with the organization’s approved accounting system. Allowability of the costs under this Contract, including travel costs, shall be determined in accordance with the Federal Acquisition Regulation (FAR) Part 31, Homeland Security Acquisition Regulation Part 3031, and the terms of this Contract.

G.11 Salary Rate Limitation:

a. Pursuant to the current and applicable prior DHS appropriations acts, the Contractor shall not use contract funds to pay the direct salary of an individual at a rate in excess of the federal Executive Schedule Level I in effect on the date an expense is incurred.

b. For purposes of the salary rate limitation, the terms ‘‘direct salary,’’ ‘‘salary,’’ and ‘‘institutional base salary’’ have the same meaning and are collectively referred to as ‘‘direct salary’’ in this clause. An individual’s direct salary is the annual compensation that the Contractor pays for an individual’s direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative [F&A] costs). (NOTE: The salary rate limitation does not restrict the salary that an organization may pay an individual working under a DHS contract or order; it merely limits the portion of that salary that may be paid with federal funds.)

c. The salary rate limitation also applies to individuals under subcontracts. If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the DHS appropriations act in effect when the expense is incurred regardless of the rate initially used to establish contract or order funding.

d. See the salaries and wages pay tables on the U.S. Office of Personnel Management website for federal Executive Schedule salary levels that apply to the current and prior periods.

G.12 Consultants:

Payments for services of consultants shall not exceed the current maximum daily equivalent rate paid to a Level IV Executive Employee per day (exclusive of indirect cost, travel, per diem, clerical services, vacation, fringe benefits, and supplies) without the prior written approval of the Contracting Officer.

See the salaries and wages pay tables on the U.S. Office of Personnel Management website for federal Executive Schedule salary levels that apply to the current and prior periods G.13 Reimbursement of Travel Costs:

a. Travel may be required to support this Statement of Work. Any travel under this contract must be specifically requested in writing, by the contractor prior to incurring any travel costs. The written Government authorization for Contractor travel will be by written notice of approval from the Contracting Officer’s Representative (COR). The request shall include as a minimum, the following:

· Contract number

· Date, time, and place of proposed travel

· Purpose of travel and how it relates to the contract

· Contractor’s estimated cost of travel

· Name(s) of individual(s) traveling and;

· A breakdown of estimated travel and per diem charges.

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, Department of Defense (DoD) Civilian Personnel, Appendix A, prescribed by the DoD 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 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 (POC) 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:

· is self-propelled and licensed to travel on the public highways;

· is designed to carry passengers or goods; and

· 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, etc) or taxicab.

vi. Residence is the fixed or permanent domicile of a person that can be reasonably justified as a bona fide residence.

G.14 Foreign Travel Requirements:

a. Definitions. As used in this clause, foreign travel is defined as any travel outside of Canada and the United States and its territories and possessions.

b. Approval of Foreign Travel Costs. The cost of foreign travel is allowable only when the specific written approval of the Contracting Officer or Contract Specialist responsible for administration of the Contract is obtained prior to commencing the trip. Approval must be requested at least 30 days before the scheduled departure date in order that all necessary clearances may be processed. Each individual trip must be approved separately even though it may have been included in a previously approved budget.

c. Procedure for Emergency Foreign Travel Requests. Emergency travel requests may be submitted for approval by any means of communication to the Contracting Officer’s Representative. Upon receipt, the Government will handle the emergency as efficiently and quickly as possible.

G.15 Facilities to be Government-Furnished:

a. The estimated cost and fee, if any, and delivery schedule set forth in this contract contemplate the rentfree use of the facilities identified in paragraph (b) below and in paragraph (d) (applicable only for research and development contracts) if such paragraph (d) is added to this requirement. If the Government limits or terminates the Contractor's rentfree use of said facilities, and such action affects the ability of the Contractor to perform this contract in accordance with its terms and conditions, then an equitable adjustment in the estimated cost and fee, if any, or delivery schedule, or both, may be made pursuant to the clause entitled "CHANGES-COST-REIMBURSEMENT" (Federal Acquisition Regulation 52.2432), provided, however, that if the limitation or termination is due to failure by the Contractor to perform its obligations under this contract, the Contractor shall be entitled only to such adjustment as the Contracting Officer determines as a fact to be appropriate under the circumstances.

b. The Contractor is authorized to acquire or use the facilities described below upon the prior written approval of the DHS Contracting Officer, which shall determine that such facilities are required to carry out the work provided for by this contract. Immediately upon delivery of each item of approved facilities to the Contractor's plant, the Contractor shall notify the cognizant Contract Administration Office of the receipt of such facilities owned by the Government, which shall be made a part of the plant account assigned to the Contractor at that location.

National Biodefense Analysis Countermeasures Center Fort Detrick, Maryland

c. In the event there is in existence a facilities management contract effective at the same plant or general location, the facilities provided hereunder shall be made subject to all the terms and conditions of the facilities management contract.

d. DHS reserves the right to make part of the above mentioned land or facilities available to other Government agencies or other users on the basis that the responsibilities and undertakings of the Contractor will not be unreasonably interfered with. Before exercising its right to make any part of the land or facilities available to another agency or user, DHS will confer with the Contractor.

G.16 Government Property for the Performance of this Contract:

a. Authorization is granted to use Government property identified below without rental charge in the performance of this contract and subcontracts of any tier issued hereunder (see 45.201(a) for further information regarding identification requirements):

1. Government property currently accountable and managed under the following contracts:

(See Attachment 8 in Section J of this Request for Proposals)*

2. Government-Furnished Property to be provided under this contract:

(See Attachment 8 in Section J of this Request for Proposals)*

*NOTE—Government Furnished Property may be provided for the performance of work issued under Task Orders for either Work-For-Others Program and/or Analytic Tasks. The Task Order will identify any Government Furnished Property and provide the appropriate clauses/guidance.

3. Government-Furnished Material, as defined in FAR 45.101, to be provided under this contract:

(See Attachment 8 in Section J of this Request for Proposals)

4. If authority has been granted in accordance with FAR 51.102, Contractor access to Government supply sources is authorized for the following items:

Schedule/ Source

Number

Mfg.

Authorized Unit Acq Cost

b. The contractor shall prepare requisition documentation for the items listed in paragraph (a)(4 ) above in accordance with the applicable Government regulations such as the “Military Standard Requisitioning and Issue Procedures (MILSTRIP) for Defense Contractors”, DoD 4000.25-1- M, Chapter 11, which is available at http://www.dtic.mil/whs/directives under publications. The Contractor shall submit all requisitions for material from the supply system to the DHS/S&T Contracting Officer’s Representative specified in Section G of this contract.

c. Government property provided above (except for special tooling and special test equipment as defined in FAR 2.101) shall not be installed or constructed or otherwise affixed to property not owned by the Government in such a fashion as to be non-severable unless written authorization has been obtained from the Contracting Officer.

d. The Contractor is responsible for scheduling the use of all property covered by this clause and the Government shall not be responsible for conflicts, delays, or disruptions to any work performed by the Contractor due to the use of any or all such property, either under this contract or any other contracts under which such property is authorized.

G.17 Task Order Procedures:

a. Ordering. This is a [Contracting officer insert type of contract] for [Contracting officer insert description of procurement]. Ordering for any other customer is prohibited without authority of the Contracting Officer or his/her representative. Supplies or services to be furnished under this contract shall be furnished by the issuance of delivery or task orders on Optional Form 347.

Note-- the fill-in fields will be completed at time of contract award.

b. Orders shall be placed by the Ordering Officer [Contracting officer insert designated ordering officer(s)] or his/her representative. Delivery or task orders shall contain the information in paragraph (d) below:

Note—the fill-in field will be completed at time of contract award.

c. Procedures. Each task order shall be placed in accordance with the following procedures:

1. Upon identification of a requirement, the Contracting Officer’s Representative (COR) or originator shall contact the Contractor for the purpose of arriving at a common understanding of the technical components which constitute the basis for performance under this delivery/task order and identifying the elements necessary for preparing a detailed Statement of Work (SOW) which contains sufficient definition to allow all parties to clearly identify an end product consistent with the scope of the contract.

2. After both parties have reached agreement regarding the technical requirement of the SOW, and the SOW is completed, the Contractor and the COR shall sign and date the document to signify their common understanding of the delivery/task order requirements.

3. Within five (5) calendar days after signing the SOW, the Contractor shall submit to the Ordering Officer/Administrator a complete cost estimate, with a copy of the SOW attached for the delivery/task order, sufficient to adequately describe how the Contractor will complete the requirements of the SOW. A copy of the cost estimate shall be forwarded concurrently to the COR and/or originator. The cost estimate shall contain the following documentation to enable the Ordering Officer/Administrator to make a determination of price reasonableness:

A. Direct labor, including labor categories, hours, rates, and total.

B. Indirect Rates.

C. Other Direct Costs (ODCs).

1. Travel identified in the Statement of Work must be fully documented including destination, number of people, number of days, airfare, per diem, car rental and other charges. needs only a total cost.

2. Material exceeding a unit price in excess of the micro purchase threshold per Federal Acquisition Regulation (FAR) 2.101 must be itemized. All other materials need only a total cost.

3. Equipment must be identified either as Information Technology (IT) or non-IT. All IT equipment must be itemized. All other equipment not identified above only needs a total cost.

4. Total miscellaneous charges under the micro purchase threshold per FAR 2.101 do not need to be itemized.

D. Subcontractors. Subcontractors need only submit total cost with labor categories and hours to the prime Contractor. Costs, with same level of detail as submitted to the prime Contractor shall be submitted directly to the Government by the subcontractor.

E. Consultants. Consultants need only submit total cost with labor categories and hours to the prime Contractor. Costs, with the same level of detail as submitted by the prime Contractor for the task order, shall be submitted directly to the Government by the consultant.

F. Other Information.

1. A statement that the cost estimate is based upon either a completion or level of effort (term) task and the anticipated duration of the task order.

G. Fixed Fee.

d. Upon receipt of the cost estimate and the Statement of Work, the Ordering Officer shall review the estimates therein to ensure acceptability to the Government, enter into discussions/negotiations with the Contractor as may be necessary to correct and revise any discrepancies in the cost estimate, and effect whatever internal review procedures required. Should the Ordering Officer and the Contractor be unable to reach agreements as to the terms of the order prior to its issuance, the conflict shall be referred to the Contracting Officer.

e. For task orders under the dollar amount indicated in paragraph (d), the procedures for reaching agreement are as follows:

1. The Ordering Officer shall issue a unilaterally executed task order, on an Optional Form 347, representing a firm order for the total requirement. The Ordering Officer will send the OF 347 to the Contractor as notice to begin work. The Contractor is cautioned that no work is to be started prior to receipt of a properly signed and executed OF 347.

f. Task Order Content and Effect. All orders issued hereunder are subject to the terms and conditions of this contract. The contract shall control in the event of conflict with any order. When mailed, an order shall be issued for purposes 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.

g. A task order shall be issued for each order. In addition to any other data that may be called for in the contract, the following information shall be specified in each order, as applicable:

1. Date of Order.

2. Contract and Task Order Number.

3. Applicable Contract Line Item Number (CLIN).

4. Description of the task to be performed.

5. Description of the end item or service.

6. DD Form 254 (Contract Security Classification).

7. Contract Data Requirements List

8. Exact place of performance.

9. The inspecting and accepting codes.

10. Estimated cost and fee and level of effort by labor category (and billing rate if known)

11. List of Government-Furnished-Property and estimated value of the property.

12. Invoice and payment provisions to the extent not covered by the contract.

13. Accounting and appropriation data.

14. Period of Performance.

15. Organizational Conflict of Interest provisions.

16. Type of Order (e.g., completion, term, FFP)

h. Contractor Notification.

1. The Contractor is responsible for immediately notifying the Ordering Officer of any difficulties in performing in accordance with the terms of the order

2. In the event that the Contractor cannot perform in accordance with the terms and conditions and within the estimated cost of the task order, he/she shall:

a. Notify the Ordering Officer immediately,

b. Submit a proposal for the work requested in the task order,

c. Not commence performance until such time that differences between the task order and the Contractor’s proposal are resolved and a modification, if necessary, is issued.

i. Total Estimated Dollar Amount. The total estimated dollar amount of each order constitutes a ceiling price for that order. The requirements of notification set forth in Federal Acquisition Regulation paragraphs (b) and (c) of FAR Clause 52.232-20, “Limitation of Cost” and paragraph (c) of FAR Clause 52.232-22 “Limitation of Funds” are applicable to individual task orders. The ceiling amount for each order may not be exceeded unless authorized by a modification to the order. All revisions providing additional funds to a task order will include fee in the same manner as established in the basic task order.

j. Oral Orders. Oral orders may be placed hereunder only in emergency circumstances. Information described above shall be furnished to the Contractor at the time of placing an oral order and shall be confirmed by the issuance of a written task order on OF 347 within two working days. Oral orders placed under this contract shall not exceed $50,000.

k. Maintenance of Records. The Contractor shall maintain the following cost records under this contract as a minimum:

1. Record for each task order, indicating the number of hours of direct labor performed, segregated to the individual employee performing the work,

2. Records for each individual employee, identifying the direct labor performed and segregated as to task order for which performed, and

3. Records of all direct non-labor costs, allocated to individual task orders.

4. Nothing herein shall be deemed to excuse the Contractor from maintaining records required by other provisions of this contract.

l. Modifications. Modifications to orders shall be issued using a Standard Form 30 and shall include the information set forth in paragraph (g) above, as applicable. Orders may be modified orally by the Ordering Officer in emergency circumstances. (Oral modifications shall be confirmed by issuance of a written modification on Standard Form 30 within 5 working days from the time of the oral communication amending the order.)

G.18 Types of Task Orders:

Cost-Plus-Fixed-Fee (CPFF) type Task Orders may be issued under this contract for the Work-For-Others Program and the Analytic Tasks requirement:

G.19 Contract Security Classification Specification:

Department of Defense (DoD) Contract Security Classification Specification (DD Form254), attached hereto as Attachment (10), itemizes the classified portion of work to be performed under this contract. Upon completion of final delivery hereunder, the Contractor shall promptly notify, in writing, the Department of Homeland Security’s Office of the Chief Security Officer, via the DHS/S&T Contracting Officer’s Representative, stating that the contract security requirement is complete and shall, if applicable, request classified material disposition in accordance with the Industrial Security Manual for Safeguarding Classified Information (DOD 5220.22M).

G.20 Facility Clearance:

The offeror must possess or be eligible to obtain a facility clearance equal to the highest classification stated on the Contract Security Classification Specification DD Form 254 attached to this solicitation.

G.21 Post-Award Conference/Periodic Progress Meetings:

a. Post-Award Conference—the Contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officer’s Representative (COR) and other Government personnel, as appropriate, will attend the post-award conference event(s) . The post award conference(s) will establish working level points of contact for the contract; determine the contract administration strategy, roles and responsibilities, and ensure prompt payment and contract close out.

b. Periodic Progress Meetings—the Contracting Officer, Contracting Officer’s Representative (COR) and other Government personnel, as appropriate, will meet periodically with the Contractor to review the Contractor’s performance. At these progress meetings, the Contracting Officer and Contracting Officer’s Representative will provide feedback to the Contractor on how the Government views the Contractor’s performance and the Contractor will apprise the Government of problems, if any, being experienced. The Government and the Contractor shall take appropriate action to resolve outstanding issues. NOTE—these meetings shall be at no additional cost to the Government.

G.22 Annual Labor Report:

The Contractor shall submit to the Contracting Officer through the COR, an annual report of all employees covered by the Service Contract Labor Standards who have performed work under this Contract. The report period shall cover date of award through 30 September for the first Program Year contract period and 1 October through 30 September of each successive year. Service employees shall be identified by their occupational classes and wage classification and date hired as applicable to the Contract wage determination. The report shall include employees’ rate of pay, to include their overtime rate and all monetary fringe benefits. This report shall be submitted to the Contracting Officer by 1 November of each year.

G.23 Permits, Licenses, and Approvals:

In performance of work hereunder, the NBACC Contractor shall procure and keep effective all necessary permits, licenses and approvals required by the federal, state, or local government, or subdivision thereof, or of any other duly constituted public authority, and shall obey and abide by all applicable federal, state and local laws, regulations and ordinances.

The NBACC Contractor will have the responsibility to prepare and process the necessary permits, accreditations, etc. required to operate the NBACC facility for DHS (e.g., Biological Select Agent and Toxin [BSAT] registration; Association for Assessment and Accreditation of Laboratory Animal Care [AAALAC accreditation]; United Stated Nuclear Regulatory Commission [U.S. NRC generally licensed device]; Memorandum of Agreement with NIH Clinical Research Center- Special Clinical Studies Unit [NIH-SCSU], and DHS S&T, NBACC FFRDC contractor, NIAID and Fire and Emergency Services- U.S. Army Garrison- Ft. Detrick for admission of NBACC personnel to NIH-SCSU following actual/potential exposure to BSL-3/4 agent; etc.).

The NBACC Contractor will be required to comply with Fort Detrick Garrison requirements and any permits and licenses that are needed will be coordinated with the Fort Detrick garrison who will serve as the Permit holder. The Fort Detrick Army Garrison will be the entity that will assist with the coordination and approval of permits and licenses.

G.24 Post-Award Evaluation of Contractor Performance:

1. Annual and final evaluations of Contractor performance will be prepared on this contract in accordance with Federal Acquisition Regulation 42.15 (or FAR 36.201 for construction, or FAR 36.604 for Architect-Engineering). The final performance evaluations will be prepared at the time of completion of work. Annual and final evaluations will be provided to the Contractor as soon as practical after completion of work. Annual and final evaluations will be provided to the Contractor as soon as practical after completion of the evaluation. The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement.

2. Under CPARS, the Government will conduct annual evaluations of the contractor's performance. The contractor has sixty (60) days after the Government's evaluation is completed to comment on the evaluation. The Contractor’s response is voluntary. The opportunity to review and comment is limited to this time period and will not be extended. The Contractor will be permitted sixty days to respond. Contractor response is voluntary. However, it is important for Contractors to understand that the CPARS is made available to other government agencies within 15 days with or without Contractor comments recorded. Any disagreement between the parties regarding an evaluation will be referred to the CPARS Reviewing Official, whose decision is final.