ID06180011_SF1449_Solicitation_Psychometrics_08152018.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

ID06180011

David Smisek 816-823-2932

47QFHA 100

Net 30 days

W1EC USA ELM HQ DLI

289 FORT MERVINE PLACE

BLDG 235, Presidio of Monterey , CA 93944-5006

Same as Block 9

General Services Administration (FUND) via ITSS

SEE SCHEDULE

David J Smisek

611710

$15M

08/16/2018

09/07/2018

2:00 PM

W62KP4

GSA FAS

AAS Region 6 2300 Main Street, Kansas City, MO 64108

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SEE SCHEDULE

Solicitation ID06180011

Section A - Solicitation/Contract Form

1. TITLE: Defense Language Institute Foreign Language Center (DLIFLC) Psychometric Analysis

2. PERIOD OF PERFORMANCE (BASE PERIOD + TWO OPTION YEARS): 8/29/2018 – 8/28/2021

3. NAICS CODE: 611710 SIZE STANDARD: $15.0 M

4. PROCUREMENT SET-ASIDE: 100% Small Business Set-aside

5. This will be a Firm Fixed Price Definitive contract. It is the intent of the Government to award this contract to a single offeror.

6. PROPOSALS ARE DUE BY: September 7, 2018, 2:00 PM Central (see SF1449 Block 8). Technical questions are due by August 22, 2018, 10:00 AM Central (see Section L – Instructions to Offerors)

7. See Section L and M of this solicitation for proposal submission requirements and the basis for award.

8. Contract Line Item Numbers (CLINs) 0005, 1005, and 2005, Travel: The purpose of the Travel CLIN is to reimburse the Contractor for authorized travel required in accordance with the requirements outlined in the Performance Work Statement. The Offerors are not to enter any pricing information for these CLINs as part of their proposal. A pricing estimate of $30,000 has been filled in by the Government. Offerors are asked to fill-in (if any) their fixed administrative fee for processing travel for each Period of Performance.

9. CLINs 0006, 1006, and 2006, Contractor Manpower Reporting (CMR): The purpose of the CMR is to collect labor hours and costs used in the performance of service contracts from contractors providing the services to the Department of the Army. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. For each CMR CLIN, please enter the proposed amount associated with the effort in completing the CMR report for each reporting period. If the Offeror wishes not to charge for this item for any or all reporting periods, please enter “0” in the Unit Price for the respective CMR CLIN(s).

10. This procurement is being awarded and administered by the General Services Administration, Region 6 Assisted Acquisition Services, Kansas City, MO, in support of the Defense Language Institute Foreign Language Center (DLIFLC), Monterey, CA. Prior to award, the selected offeror must be registered in GSA’s AASBS Portal, formerly IT-Solutions Shop (ITSS), https://portal.fas.gsa.gov/group/aasbs-portal/itss-home. Contact the AASBS registration desk at 877-472-4877 to complete your registration.

11. Point of Contact for this solicitation is David J. Smisek, david.smisek@gsa.gov, 816-823-2932.

12. This solicitation is issued in accordance with FAR Part 12 Commercial Acquisition Procedures as supplemented by FAR 15.

(End of Section A - Solicitation/Contract Form) http://www.ecmra.mil/ https://portal.fas.gsa.gov/group/aasbs-portal/itss-home mailto:david.smisek@gsa.gov

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

Base Year: Psychometric Analysis – Examinee Responses to Multiple Choice Test Item (MCT) Pools

FFP

Labor for Psychometric Analysis – Examinee Responses for up to 14 Multiple Choice Test Item (MCT) Pools in accordance with the Performance work Statement.

FOB: Destination

NET

AMOUNT

0002 1 Lot

Base Year: Psychometric Analysis – Examinee Responses to Constructed Response Test Item (CRT) Pools to 10 Constructed Response Test Item (CRT) Pools in accordance with the Performance work Statement.

0003 1 Lot

Base Year: Psychometric Analysis – Standard Setting Study Panel Recommendations to Multiple Choice Test Item (MCT) Pools

Labor for Psychometric Analysis – Standard Setting Study Panel Recommendations for up to 14 Multiple Choice Test Item (MCT) Pools in accordance with the Performance work Statement.

0004 1 Lot

Base Year: Psychometric Analysis – Standard Setting Study Panel Recommendations to Constructed Response Test Item (CRT) Pools

Panel Recommendations for up to 4 Multiple Choice Test Item (MCT) Pools in accordance with the Performance work

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE NTE AMOUNT

0005 1 Lot $30,000.00 $30,000.00

Base Year: Travel

COST

Travel IAW PWS, paragraph C.10. All travel costs must be approved prior to expenditure. Travel costs for activities associated with the PWS will be on a cost reimbursable basis.

The contractor will be reimbursed for allowable travel costs.

This is a NOT-TO-EXCEED CLIN. OFFERORS - DO NOT RE-PRICE THIS CLIN. This is a "COST - Not To Exceed" CLIN including a fixed administrative fee of ________%. The fixed administrative fee is inclusive of all potential G&A and other handling fees.

NTE

$30,000.00

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MAX AMOUNT

0006 1 Each

Base Year: Contractor Manpower Reporting (CMR)

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW with the PWS, paragraph C.7. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil.

http://www.ecmra.mil./

1001 1 Lot

Option Year One: Psychometric Analysis – Examinee Responses to Multiple Choice Test Item (MCT) Pools

1002 1 Lot

Option Year One: Psychometric Analysis – Examinee Responses to Constructed Response Test Item (CRT) Pools

1003 1 Lot

Option Year One: Psychometric Analysis – Standard Setting Study Panel Recommendations to Multiple Choice Test Item (MCT) Pools

Panel Recommendations for up to 14 Multiple Choice Test

1004 1 Lot

Option Year One: Psychometric Analysis – Standard Setting Study Panel Recommendations to Constructed Response Test Item (CRT) Pools

Panel Recommendations for up to 4 Multiple Choice Test Item

1005 1 Lot $30,000.00 $30,000.00

Option Year One: Travel

COST

Travel IAW PWS, paragraph C.10. All travel costs must be approved prior to expenditure. Travel costs for activities associated with the PWS will be on a cost reimbursable basis.

The contractor will be reimbursed for allowable travel costs.

This is a NOT-TO-EXCEED CLIN. OFFERORS - DO NOT RE-PRICE THIS CLIN. This is a "COST - Not To Exceed" CLIN including a fixed administrative fee of ________%. The

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MAX AMOUNT

1006 1 Each

Option Year One: Contractor Manpower Reporting (CMR)

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW with the PWS, paragraph C.7. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost”. Instructions, including the Contractor

2001 1 Lot

Option Year Two: Psychometric Analysis – Examinee Responses to Multiple Choice Test Item (MCT) Pools

2002 1 Lot

Option Year Two: Psychometric Analysis – Examinee Responses to Constructed Response Test Item (CRT) Pools

2003 1 Lot

Option Year Two: Psychometric Analysis – Standard Setting Study Panel Recommendations to Multiple Choice Test Item (MCT) Pools

Panel Recommendations for up to 14 Multiple Choice Test

2004 1 Lot

Option Year Two: Psychometric Analysis – Standard Setting Study Panel Recommendations to Constructed Response Test Item (CRT) Pools

Panel Recommendations for up to 4 Multiple Choice Test Item

2005 1 Lot $30,000.00 $30,000.00

Option Year Two: Travel

COST

Travel IAW PWS, paragraph C.10. All travel costs must be approved prior to expenditure. Travel costs for activities associated with the PWS will be on a cost reimbursable basis.

The contractor will be reimbursed for allowable travel costs.

This is a NOT-TO-EXCEED CLIN. OFFERORS - DO NOT RE-PRICE THIS CLIN. This is a "COST - Not To Exceed" CLIN including a fixed administrative fee of ________%. The

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

2006 1 Each

Option Year Two: Contractor Manpower Reporting (CMR)

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW with the PWS, paragraph C.7. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost”. Instructions, including the Contractor

Summary of Contract Amounts

Base Year $

Option Year 1 $

Option Year 2 $

Total $

(End of Section B - Supplies or Services and Prices)

Section C - Description/Specifications

Refer to Section J - Contract Attachment 01 - Performance Work Statement (PWS)

(End of Section C - Description/Specifications)

Section D - Packaging and Marking

Not applicable

(End of Section D - Packaging and Marking)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

252.246-7000 Material Inspection And Receiving Report MAR 2008

(End of Section E - Inspection and Acceptance)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 29-SEP-2018 TO

28-SEP-2019

N/A W1EC USA ELM HQ DLI

W1EC USA ELM HQ DLI

289 FORT MERVINE PLACE

BLDG 235

PRESIDIO OF MONTEREY CA

93944-5006 757-788-5125

W62KP4

0002 POP 29-SEP-2018 TO

28-SEP-2019

N/A (SAME AS PREVIOUS

LOCATION)

0003 POP 29-SEP-2018 TO

28-SEP-2019

N/A (SAME AS PREVIOUS

0004 POP 29-SEP-2018 TO

28-SEP-2019

N/A (SAME AS PREVIOUS

0005 POP 29-SEP-2018 TO

28-SEP-2019

N/A (SAME AS PREVIOUS

0006 POP 29-SEP-2018 TO

28-SEP-2019

N/A (SAME AS PREVIOUS

1001 POP 29-SEP-2019 TO

28-SEP-2020

N/A (SAME AS PREVIOUS

1002 POP 29-SEP-2019 TO

28-SEP-2020

N/A (SAME AS PREVIOUS

1003 POP 29-SEP-2019 TO

28-SEP-2020

N/A (SAME AS PREVIOUS

1004 POP 29-SEP-2019 TO

28-SEP-2020

N/A (SAME AS PREVIOUS

1005 POP 29-SEP-2019 TO

28-SEP-2020

N/A (SAME AS PREVIOUS

1006 POP 29-SEP-2019 TO

28-SEP-2020

N/A (SAME AS PREVIOUS

2001 POP 29-SEP-2020 TO

28-SEP-2021

N/A (SAME AS PREVIOUS

2002 POP 29-SEP-2020 TO

28-SEP-2021

N/A (SAME AS PREVIOUS

2003 POP 29-SEP-2020 TO

28-SEP-2021

N/A (SAME AS PREVIOUS

2004 POP 29-SEP-2020 TO

28-SEP-20211

N/A (SAME AS PREVIOUS

2005 POP 29-SEP-2020 TO

28-SEP-2021

N/A (SAME AS PREVIOUS

2006 POP 29-SEP-2020 TO

28-SEP-2021

N/A (SAME AS PREVIOUS

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984

(End of Section F - Deliveries or Performance)

Section G - Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7006 Billing Instructions OCT 2005

CLAUSES INCORPORATED BY FULL TEXT

LOCAL GSA CLAUSE - ELECTRONIC SUBMISSION THROUGH ITSS OF PAYMENT REQUESTS AND

RECEIVING REPORTS

1. Electronic Submission of Invoices

Contractors shall electronically submit invoices and supporting documentation through the GSA web-based procurement system ITSS/ASSIST, Central Invoice Service (CIS). The contractor shall submit invoices electronically by logging into the ITSS/ASSIST portal (https://portal.fas.gsa.gov), navigating to the appropriate order, and creating the invoice for that order. This is the only acceptable means for invoice submissions. Detailed invoice submission instruction can be found at the ITSS/ASSIST portal

No paper invoices shall be accepted. For additional assistance and for problem and or error resolution contact the ASSIST Helpdesk at 877-472-4877.

2. Invoice Content/Information

The invoice attached in CIS shall be submitted on official letterhead and shall include the following information at a minimum.

Invoice Number ITSS Order ID/Solicitation Number Contract Number Order Number ACT/Requisition Number (Axxxxxxxx) POC and contact information Period of Performance for Billing Period Remittance Address Prompt Payment Discount (if offered) Total Invoice Amount Charges, identified by deliverable or line item(s), with a narrative description of the service performed. Deliverables, reimbursable costs, and other charges (e.g., G&A) Travel Itemized by Individual and Trip (if applicable)

The invoice shall be structured per the awarded pricing schedule. The contractor shall invoice for work performed the prior month no later than 10 business days of the next month in accordance with the approved fixed price billing schedule.

3. Travel Invoicing

Travel shall be approved in advance per the terms and conditions of the contract via the Post Award Collaboration Tool in ITSS. Travel invoices shall be submitted with all receipts for airfare, rental car, lodging, and all other receipts directly being charged for over $75.00 shall be submitted as support/back up documentation with the invoice submittal. NO PAYMENT WILL BE MADE WITHOUT DOCUMENTATION and RECEIPTS.

4. Revised Invoices

If the contractor submits a revised invoice, the revised invoice must include: 1) a unique invoice number (The unique number could just be adding a R or an A to the original invoice number) , 2) a brief explanation, and 3) a cross-reference to any previous invoice submittals for tracking purposes and avoiding duplication.

5. Final Invoice/Order Closeout Procedures

Invoices for final payment must be so identified and submitted when the contract has been completed and no further charges are to be billed. The contractor shall submit a final invoice within sixty (60) calendar days after the end of the Performance Period. All invoices shall be received within this period. The contracting officer shall not extend the period of performance, or the invoice submittal period to wait on subcontractors to bill the prime contractor. All rates are negotiated at the time of award, and the contractor shall control and account for all time by their own personnel and their subcontractor or CTA personnel to allow for timely billing in accordance with the terms expressed in this section. The Government reserves the right to require a release of claims at the end of the performance period, after all payments have been completed. **NOTE: No rates agreed to under the terms of this contract are subject to DCAA or other “final” audited rates.

6. Unilateral Closeout Modifications:

The Government reserves the right to issue unilateral close out modifications to close out the contractual agreements, after the contractor has acknowledged the order is closed and that no further liability exists on behalf of the parties. The Government also reserves the right under the unilateral close out modification to de-obligate money after full payment has been made to the contractor for their services/materials under this contract.

(End of clause)

CONTRACT ADMINISTRATION

RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT

a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer.

b. No oral statement of any person will in any manner or degree shall modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

c. All matters pertaining to Government administration of this contract should be directed to:

ATTN: David Smisek Contracting Officer Region 6 Assisted Acquisition Services 2300 Main Street Kansas City, MO 64108 Phone: 816-823-2923 Fax: 816-823-5441

Email: david.smisek@gsa.gov or

ATTN: Katie Doll Program Manager Region 6 Assisted Acquisition Services 2300 Main Street Kansas City, MO 64108 Phone: 816-823-1939 Fax: 816-823-5441

Email: katie.doll@gsa.gov

OTHER POINTS OF CONTACT

Contractor POC: TBD

Government Customer POC: TBD

(End of Section G - Contract Administration Data)

Section H - Special Contract Requirements

5152.204-4001 KEY PERSONNEL REQUIREMENTS (MAR 2009) (LOCAL POM CLAUSE)

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These "Key Personnel" were identified by name within the contractor’s proposal and their resumes were submitted for evaluation during the source selection process. The contractor agrees that such personnel shall not be removed or replaced within the performance of this contract unless the following measures are taken:

(1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer (KO) or designated Contracting Officer Representative (COR), promptly replace personnel with personnel who possess equal, or better, qualifications as the original employee.

(2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the KO or designated COR. The KO or designated COR must concur in writing with the change.

(b) If the KO or designated COR determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the KO may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.

(c) The Key Personnel in this contract are as follows: [fill-in at time of award].

(End of Clause)

5152.223-4000, ENVIRONMENTAL MANAGEMENT SYSTEM (MAY 2010) (LOCAL POM CLAUSE)

Presidio of Monterey (POM) has implemented an Environmental Management System (EMS) to proactively manage the environmental impacts of its processes, activities, and services in accordance with Executive Order 13423. POM uses the ISO 14001:2004 as the standard for its EMS. All personnel performing work for or on behalf of POM must read and comply with POM’s Environmental Policy. POM offers EMS General Awareness Training on its public web site (http://www.fortmeade-ems.org/. All contractors and their employees including subcontract employees working on Presidio of Monterey are required to view EMS General Awareness Training and be aware of their roles and responsibilities with regard to the EMS and how these requirements affect the work performed under the contract.

Contractors are also responsible for ensuring all subcontractors hired on their behalf receive EMS General Awareness Training. The contractor is also responsible to ensure that all goods and services used by the contractor or any of its subcontractors do not deviate from the installation Environmental Policy, objectives and targets of the EMS.

In the event of non-compliance with POM’s legal or other requirements, or non-conformance with the installation EMS, the contractor is required to take immediate corrective action, perform a root-cause analysis of the non-compliance/non-conformance and develop a preventive action to keep the non-compliance/non-conformance from recurring at no cost to the Government. For more information regarding EMS requirements, contact DPW- Environmental Division at 301-677-9648.

Presidio of Monterey Environmental Management System shall include measurable environmental goals, objectives and targets that are reviewed and updated annually. The Contracting Officer Representative is responsible to advise the http://www.fortmeade-ems.org/

Contractor of these environmental goals, objectives and targets, and inspect for compliance. It is not the responsibility of the Contractor to develop environmental goals, objectives and/or targets. The Contractor shall be responsible for complying with Presidio of Monterey’s environmental goals, objectives and targets effective the date of contract award.

The Contractor shall not be responsible for Environment goals implemented after contract award unless agreed to in a bi-lateral modification.

(End of Clause)

LOCAL INSTRUCTIONS

1. RESTRICTIVE USE OF CAMERAS, VIDEOS, AND DIGITAL CAMERA DEVICES

Installation security measures prohibit prospective bidders and contractors from taking pictures and/or videos on Post unless prior permission is sought and received from the Contracting Officer. Permission may be sought by contacting the Contracting Officer verbally or in writing. Use of cameras or other picture taking devices without proper approval may be considered a violation of Installation Security and prosecution of such violations may be subsequently induced.

2. SAFETY AND ACCIDENT PREVENTION

In performing work under this contract the Contractor shall--

a. Conform to the specific safety requirements established by this contract;

b. Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract;

c. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

d. Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes.

The installation Safety Officer will be responsible for monitoring the Contractor in the area of safety and accident prevention.

3. CONDUCT OF EMPLOYEES

The contractor is fully responsible for the performance and conduct of his employees at all times while on post performing under this contract. The contractor shall not allow any employee to perform work under this contract while under the influence of alcohol, drugs, or any other incapacitating agent. Military police and other law enforcement personnel on post have the right to deny entry to post or remove from post any contractor employee for misconduct which endangers the health or safety of people or property or for reasons of security. In addition, the Post Commander may bar any individual from entering the post under the authority of 18 U.S.C. 1382. Removal from post of a contractor employee in accordance with the above shall not relieve the contractor from the requirements to meet all of the terms and conditions of the contract; nor shall such removal be grounds for the contractor to file a claim.

4. OPERATIONS AND COMMUNICATIONS SECURITY

Contractor personnel will comply with the following Operations and Communications Security procedures:

a. All draft deliverables under this Performance Work Statement (PWS) and working papers associated with them will be shredded prior to recycling or disposal. Drafts in electronic media will be deleted or erased prior to reusing the diskette or space on a Personal Computer (PC) hard drive or shared server space. Final versions of products under this PWS will be delivered to the government as specified elsewhere.

b. Contractor personnel may disclose to non-DoD personnel, other than contractor personnel executing this same PWS, only the general nature of their work under this PWS (i.e. “I work for providing automation support for Army training programs.”)

c. Contractor personnel may transmit sensitive information over unclassified information networks using encryption.

Contractor personnel should consult with the COR if they are uncertain whether particular information may be transmitted over Unclassified but Sensitive Internet Protocol Router Network (NIPRNET) using encryption.

d. Government furnished telecommunication and electronic communication systems and equipment, specifically including electronic mail systems, are for official use only in furtherance of the PWS.

e. Contractor personnel will limit internet access to the minimum time necessary to accomplish the official inquiry or research in furtherance of the PWS.

f. Contractor personnel will respect all electronic communication advisories, virus warnings, and use restrictions on government-furnished telecommunications and electronic communications systems and equipment and give access to government automation security and maintenance personnel upon request.

g. Contractor personnel shall review the provisions of Army Regulation (AR) 25-2, Information Assurance, prior to using government-furnished telecommunications and electronic communications systems and equipment. The contractor shall provide evidence of this review to the COR for each member of the contractor staff working on the

PWS.

h. Contractor personnel having access to classified information will have the appropriate security clearance and shall handle classified information consistent with Army information security standards as instructed by the COR.

5. RELEASE OF NEWS INFORMATION

No news release (including photographs and films, public announcements or denial or confirmation of same) on any part of the subject matter of this contract shall be made without the prior written approval of the Contracting Officer.

(End of Section H - Special Contract Requirements)

Section I - Contract Clauses

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS ALT 1 (JAN 2017)

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means—

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

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(iv) Subcontract means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT 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 EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145507 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt29t32%2B1665%2B30%2B%2B%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the—

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor— https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145508

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall—

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [TRAVEL CLINs]

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:

[Fill-in post-award Travel G&A rate]

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment—

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost—

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an 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 line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6)(i) All amounts that become payable by the Contractor to the Government under this…