KAFB ISWM RFQ - Attch 6 Mission Essential Contractor Services Memorandum.pdf

DEPARTMENT OF THE AIR FORCE

377TH MISSION SUPPORT GROUP (AFGSC)

13 September 2021

MEMORANDUM FOR PROSPECTIVE VENDORS

FROM: 377 MSG/PKA

8500 Gibson Blvd SE

Kirtland AFB, NM 87117

SUBJECT: Mission Essential Contractor Services, Kirtland Air Force Base Integrated Solid Waste

Management (ISWM) Services Request for Quotation, FA9401-21-Q-Z007

1. The 377 Civil Engineering Deputy Base Civil Engineer has determined that all of the services covered by the Performance Work Statement (PWS) for the subject Request for Quotation (RFQ) and subsequent contract award are considered Mission Essential Contractor Services in accordance with (IAW) DFARS

237.7602, as delineated in Section 4, paragraph 4.6 of the PWS.

2. DFARS Provision 252.237-7024, Notice of Continuation of Essential Contractor Services and DFARS

Clause 252.237-7023, Continuation of Essential Contractor Services are included in this RFQ. IAW

DFARS 252.237-7023, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations as directed by the Contracting Officer in accordance with its

Mission Essential Contractor Services Plan. In the event the contractor anticipates not being able to perform any of the essential contractor services during a crisis situation, the contractor shall notify the

Contracting Officer and the Contracting Officer’s Representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government’s efforts to maintain the continuity of operations.

4. Please note that you are required to provide a Mission Essential Contractor Services Plan with your response to the RFQ. Please refer to Attachment 2 of this memorandum for the minimum required contents of the plan. The Mission Essential Contractor Services Plan will be incorporated in the subsequent contract. As required by DFARS clause 252.237-7023, Continuation of Essential Contractor

Services, the contractor shall maintain and update its plan as necessary. In addition, the contractor shall provide all plan updates to the Contracting Officer for approval.

LEANN LOPEZ, GS-12, DAF

Contracting Officer

List of Attachments:

1. DFARS 252.237-7023, Continuation of Essential Contractor Services

2. DFARS 252.237-7024, Notice of Continuation of Essential Contractor Services

Attachment 1

DFARS 252.237-7023, CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. As used in this clause–

(1) “Essential contractor service” means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) “Mission-essential functions” means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD’s ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions. These services are listed in Attachment 1 - KAFB ISWM PWS, dated 7 September 2021.

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the

Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this section during a crisis situation, the

Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government’s efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor’s notice shall include the

Contractor’s proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor’s proposal.

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

(End of Clause)

Attachment 2

DFARS 252.237-7024, NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES

(OCT 2010)

(a) Definitions. “Essential contractor service” and “mission-essential functions” have the meanings given in the clause at 252.237-7023, Continuation of Essential Contractor Services, in this solicitation.

(b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in Attachment 1 - KAFB ISWM PWS, dated 7 September 2021, during periods of crisis. The offeror shall–

(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed;

(2) Address in the plan, at a minimum—

(i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;

(ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site;

(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home;

(iv) Any established alert and notification procedures for mobilizing identified “essential contractor service” personnel; and

(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.

(End of provision)