Draft WEXMAC 2.0 Solicitation (V2).docx

N0002324R0001

Section A - Solicitation/Contract Form

SOLICITATION/CONTRACT

1. Provisions and clauses incorporated by reference are done in accordance with FAR 52.3 and FAR 52.102(c). Per this clause, provisions and clauses that require completion have been incorporated by full text and are required in order for a proposal to be considered for award. Full text FAR and DFARS clauses can be found at: https://www.acquisition.gov/

2. Information contained in this solicitation is meant to reflect the global nature of the World Wide Expeditionary Multiple Award Contract (WEXMAC) and therefore there may be labor, tax, or other clauses that will only apply to specific regions. In the event that information is requested for a region that is outside of a prospective vendor’s area of responsibility (AOR), please note “Not applicable to region XX” wherein XX is replaced with the AOR(s) of the prospective vendor. For example, clauses regarding tax liability for the United Kingdom (UK) do not apply to a vendor based and operating outside of Region 10.

3. See 52.219-7 – Notice of Partial Small Business Set-Aside. Only Small Businesses shall be considered for awards for Regions 23, 24, 25, and 26.

Section B - Supplies or Services and Prices

Worldwide Expeditionary Support-Base

FFP

The contractor shall perform Worldwide Expeditionary support and services in accordance with the attached Performance Work Statement (PWS) for all regions awarded as outlined in Table 1 of the PWS. The estimated maximum value of CLIN 0001 is $1,275,000,000.00, which represents the maximum contract amount among all MAC holders.

NET AMT

0001AA

Lot

Logistics Management and Integration

The contractor shall provide logistics management and integration services to requesting activities in accordance with the attached PWS.

FOB: Destination

PSC CD: R706

NET AMT

0001AB

Lot

Material Handling Equipment

The contractor shall provide Material Handling Equipment, Crane Services, and Construction Equipment to requesting activities in accordance with the attached PWS.

NET AMT

0001AC

Lot

Lodging and Laundry Services

The contractor shall provide Lodging and Laundry Services to requesting activities in accordance with the attached PWS.

NET AMT

0001AD

Lot

Life Support Services

The contractor shall provide Life Support Services to requesting activities in accordance with the attached PWS.

NET AMT

0001AE

Lot

Force Protection Requirements

The contractor shall provide Force Protection Requirements to requesting activities in accordance with the attached PWS.

NET AMT

0001AF

Lot

Communications Services

The contractor shall provide Communications Services to requesting activities in accordance with the attached PWS.

NET AMT

0001AG

Lot

Transportation Services

The contractor shall provide Transportation Services to requesting activities in accordance with the attached PWS.

NET AMT

0001AH

Lot

Other Services

The contractor shall provide Other Services to requesting activities in accordance with the attached PWS.

NET AMT

0001AJ

Lot

Class I – Food and Water Supplies

The contractor shall provide Class I – Food, Rations, and Water Supplies to requesting activities in accordance with the attached PWS.

NET AMT

0001AK

Lot

Class II – Clothing Supplies

The contractor shall provide Class II – Clothing Supplies to requesting activities in accordance with the attached PWS.

NET AMT

0001AL

Lot

Class III – Petroleum, Oils, and Lubrica

The contractor shall provide Class III – Petroleum, Oils, and Lubricants Supplies to requesting activities in accordance with the attached PWS.

NET AMT

0001AM

Lot

Class IV – Construction Materials Suppli

The contractor shall provide Class IV – Construction Materials Supplies to requesting activities in accordance with the attached PWS.

NET AMT

0001AN

Lot

Class VI – Personal Items Supplies

The contractor shall provide Class VI – Personal Items Supplies to requesting activities in accordance with the attached PWS.

NET AMT

0001AP

Lot

Class VIII – Medical Supplies

The contractor shall provide Class VIII – Medical Supplies to requesting activities in accordance with the attached PWS.

NET AMT

0001AQ

Lot

Other Supplies

The contractor shall provide Other Supplies to requesting activities in accordance with the attached PWS.

NET AMT

Minimum Guarantee

This line item does not order goods or services. It will be issued via a Task Order requiring attendance at a post-award conference. The minimum guarantee under this contract is $500.

NET AMT

Reporting- Base Period

The contractor shall provide reports as detailed in the PWS.

NET AMT

The contractor shall perform Worldwide Expeditionary support and services in accordance with the attached Performance Work Statement (PWS) for all regions awarded as outlined in Table 1 of the PWS. The estimated maximum value of CLIN 1001 is $1,275,000,000.00, which represents the maximum contract amount among all MAC holders.

NET AMT

1001AA

Lot

FFP

The contractor shall provide logistics management and integration services to requesting activities in accordance with the attached PWS.

NET AMT

1001AB

Lot

FFP

The contractor shall provide Material Handling Equipment, Crane Services, and Construction Equipment to requesting activities in accordance with the attached PWS.

NET AMT

1001AC

Lot

FFP

The contractor shall provide Lodging and Laundry Services to requesting activities in accordance with the attached PWS.

NET AMT

1001AD

Lot

FFP

The contractor shall provide Life Support Services to requesting activities in accordance with the attached PWS.

NET AMT

1001AE

Lot

FFP

The contractor shall provide Force Protection Requirements to requesting activities in accordance with the attached PWS.

NET AMT

1001AF

Lot

FFP

The contractor shall provide Communications Services to requesting activities in accordance with the attached PWS.

NET AMT

1001AG

Lot

FFP

The contractor shall provide Transportation Services to requesting activities in accordance with the attached PWS.

NET AMT

1001AH

Lot

FFP

The contractor shall provide Other Services to requesting activities in accordance with the attached PWS.

NET AMT

1001AJ

Lot

FFP

The contractor shall provide Class I – Food, Rations, and Water Supplies to requesting activities in accordance with the attached PWS.

NET AMT

1001AK

Lot

FFP

The contractor shall provide Class II – Clothing Supplies to requesting activities in accordance with the attached PWS.

NET AMT

1001AL

Lot

FFP

The contractor shall provide Class III – Petroleum, Oils, and Lubricants Supplies to requesting activities in accordance with the attached PWS.

NET AMT

1001AM

Lot

FFP

The contractor shall provide Class IV – Construction Materials Supplies to requesting activities in accordance with the attached PWS.

NET AMT

1001AN

Lot

FFP

The contractor shall provide Class VI – Personal Items Supplies to requesting activities in accordance with the attached PWS.

NET AMT

1001AP

Lot

FFP

The contractor shall provide Class VIII – Medical Supplies to requesting activities in accordance with the attached PWS.

NET AMT

1001AQ

Lot

FFP

The contractor shall provide Other Supplies to requesting activities in accordance with the attached PWS.

NET AMT

The contractor shall provide reports as detailed in the PWS.

NET AMT

Section C - Descriptions and Specifications

SCHEDULE

C.1 Schedule Notes

C.1.1 Please refer to the Performance Work Statement for additional information.

C.1.2 All prices as a result of this contract shall be Firm-Fixed-Prices and shall be expressed in U.S. Dollars at time of proposal. Pricing will not be subject to change with exchange rate fluctuation.

C.1.3 All prices as a result of this contract shall be inclusive of all pricing variables, including, but not limited to, all necessary equipment, licensed operators, holiday and overtime costs, customs clearances, mobilization and demobilization, removal, disposal, pre-positioning, staging, charter, vetting of operations, detention or demurrage, fuel and operating expenses, all applicable taxes and surcharges associated with performing the entire cycle to deliver the logistic services described in this contract, and profit. Prices shall be inclusive of performance at night, overtime, Fridays, Saturdays, Sundays, Holidays, performance under heavy rain and other inclement weather, as well as any cost associated with all necessary insurance as required by local laws, licenses and permits or incurred to comply with applicable laws, codes, and regulations, in connection with the performance of the work.

C.1.4 All pre-positioning or pre-staging cost and time for the purpose of vetting operations or otherwise shall be included in the Unit Price as part of the direct cost.

C.1.5 Firm-Fixed-Price for all items shall be set at the Task Order level.

C.1.6 The United States Government reserves the right to incorporate additional requirements for services expressed in the performance work statement during Request for Task Order Proposals (RTOP) solicitations.

C.1.7 The requesting activity will be identified on the RTOP solicitation and task order. The requesting activity is the end user of the services requested in the RTOP solicitation and task order. The requesting activity does not have the authority to bind the United States Government.

C.1.8 Several services are based on hourly or daily rates. Time will begin to be measured once the equipment and/or labor is at the place of performance and is capable of operation; and for daily rates, a calendar day begins at 0000 and ends at 2359. For the purposes of this contract, one (1) day is equal to a calendar day. In cases where only a partial day of services is used, the contractor shall be entitled to bill for one full day of service.

Examples:

C.1.8.1 Services from 0700 until 1800 the next calendar day is equal to two (2) day of service. Services shall be available for inspections and commencement at 0001 on first day of the period of performance.

C.1.8.2 Services from 0700 until 0700 the next calendar day is equal to two (2) days of service. Services shall be available for inspections and commencement at 0001 on first day of the period of performance.

C.1.8.3 Services from 0700 until 0500 the next calendar day is equal to two (2) day of service. Services shall be available for inspections and commencement at 0001 on first day of the period of performance. In cases where the requesting activity does not arrive at the time specified in the Task Order and services are made available based upon the time requested in the Task Order, billing for services may commence at the time requested by Government unless notice of cancellation is provided in accordance with Section H by a Contracting Officer (KO).

C.1.8.4 The contractor shall provide continuous service for units of issue identified as DAY (DY). These services shall be provided on a 24 hour per day period of performance basis in accordance with the calendar day from 0000 to 2359.

C.1.9 Maximum: Each offeror’s contract maximum shall be set at the region maximum, multiplied by the number of regions supported by that offeror.

C.1.10 For example, an offeror that is selected for performance in Region 1, Region 2, and Region 3 would have a total contract maximum of $125,000,000.00 for the base ordering period and $125,000,000.00 option ordering period that equals the sum of those three regions’ maximums. If the contractor is selected for all regions the contractor’s maximum base ordering period would be $1,275,000,000.00 and maximum option ordering period would be $1,275,000,000.00.

C.1.11 Minimum guarantee: Contractors shall be awarded CLIN 0002 – Minimum Guarantee. The minimum guarantee under this contract is $500 per award. Contractors shall receive a task order requiring their attendance at the post-award conference to satisfy the minimum guarantee amount of $500.

C.1.12 RTOP: In some instances, the ordering office may include additional documentation as part of the RTOP and Task Order to provide clarifying information to the contractor for RTOP. While the documents are meant to be informative, they do not take precedence over the RTOP or eventual award in regards to the types or quantity of services required. If discrepancies are identified during the RTOP phase, the contractor should make the ordering officer aware of the error to allow time to correct it prior to closing of the RTOP.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

G.1 PROCURING CONTRACTING OFFICE (PCO)

1.1 PROCURING CONTRACTING OFFICER (PCO):

1.1.1 Contracting Officers assigned to this contract are responsible for ensuring 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.

1.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

1.3.1 The COR will monitor contract performance on behalf of the Contracting Officer and compliance with terms and conditions of the contract.

1.3.2 Also, the COR will receive all documentation required by the contract for the services/supplies ordered, inspected, accepted during the port visits.

1.3.3 Various CORs may be assigned to this contract. All customers authorized to use the contract will nominate a COR for their task orders. The appointed COR’s data will be provided upon the award of the contract.

1.4 AUTHORIZED ORDERING OFFICERS

1.4.1 All Federal Agencies warranted Contracting Officers (KO), contract specialists, purchasing agents, and other duly appointed individuals are designated as Authorized Ordering Officers. The Ordering Officers are responsible for issuing and administering any orders placed hereunder. Authorized Ordering Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Authorized Ordering Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the PCO for contractual action.

1.4.2 Authorized Ordering Officers may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, as well as perform Terminations for Convenience or Terminations for Default with notification of such actions submitted to the PCO. Additional ordering offices may be added via modification.

G.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

G.2.1 General. The Government will monitor and evaluate the Contractor's performance under this contract. The information gathered will be formalized as a Contractor Performance Assessment Report (CPAR) and entered into the Government automated information system, Contractor Performance Assessment Reporting System (CPARS) in accordance with FAR 42.15 and Navy's CPARS Guide. All information contained in CPARS may be used, within the limitations of FAR 42.15, by the Government for future source selection in accordance with FAR 15.304, when past performance is an evaluation factor for award. The assessment will be conducted periodically in accordance with the following evaluation cycles:

G.2.1.1 Initial Report - Required after the first 180 days of performance under the new contract, and may include up to the first 365 days of performance.

G.2.1.2 Intermediate Report - Required every 12 months after the initial report throughout the entire ordering period of the contract.

G.2.1.3 Final Report - Required upon contract completion.

G.2.1.4 Note: Out-of-Cycle Report may be prepared when there is a significant change in performance that alters the assessment in one or more evaluation area(s).

G.2.2 Notification. Upon completion of each CPAR, the Contractor will be notified of the Government's evaluation of its performance and of the entry into the CPARS. The Contractor will be allowed thirty (30) days to respond in writing to the Government's assessment of its performance. Any Contractor responses will also form part of the CPARS.

G.2.3 Information. Information contained in the CPAR may include, but not be limited to, quality of Contractor's products or services (conformance to contract requirements, specifications and standards of good workmanship); Contractor's schedule (timeliness and adherence to the completion of the contract, task orders, delivery schedules, and administrative aspects of contract performance); and Contractor's business relations and management (integration and coordination of all activity needs to execute the contract, specifically the timeliness, completeness and quality of problem identification, corrective action plans, Contractor's history of reasonable and cooperative behavior, and commitment to customer satisfaction).

G.2.4 Release of Data. CPARS information is considered business sensitive and will not be released except; (1) to other Federal procurement activities which request it; (2) when the Government must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the Contractor.

G.2.5 The guidebook for CPARS is electronically accessible at the following address: https://www.cpars.gov/

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 ROLLING ADMISSIONS AND REMOVALS

H.1.1 The Government retains the discretion to evaluate the necessity and benefits of initiating new competitions with the intent to incorporate additional contractors into the WEXMAC. This evaluation will consider several factors, including, but not limited to, the task order competition, task order costs, and adjustments to the maximum contract value. Should this assessment reveal that integrating additional contractors serves the Government's best interest, the Procuring Contracting Officer (PCO) is authorized to announce a new competition for such inclusion.

H.1.2 For contractors currently holding WEXMAC contracts, the Government reserves the right to initiate competitions to permit these contractors to serve additional geographical regions.

H.1.3 The Government mandates consistent high performance and timely submissions of task order proposals from all MAC contractors. Failure to meet these standards, including but not limited to, repeated poor performance or the neglect to submit proposals for task orders, may result in the contractor's removal from the WEXMAC.

H.2 ORDERING PROCEDURES

H.2.1 GENERAL

H.2.1.1 One or more task orders may be issued during the ordering period of this contract. The Contractor agrees to accept and perform orders issued by the Contracting Officer (KO) within the scope of this contract. It is understood and agreed that the Government has no obligation to issue any orders except the guaranteed minimum order (CLIN 0002). In the event of any inconsistency between any Order and the contract, the contract shall control. All task orders off of the IDIQ award will incorporate all terms of the contract unless otherwise specified in the task order.

H.2.1.2 Price will generally be the most important criteria for task order selections, but the DoD may award the task order to other than the lowest priced offeror. When awarding a task order, the Authorized Ordering Officer may consider past performance (including personal knowledge of the contractor's performance on prior task orders and QASP reports produced in accordance with Attachment J-1), and any other factors relevant to determining whether the contractor is capable of providing better value in performing the services required by the DoD for an upcoming task order (including proposed approaches to addressing any special technical features of the supplies and services required for effective performance of the task order).

H.2.1.3 When government property is to be furnished to the contractor, the RTOP will include the list of Government Furnished Property/Equipment that will be furnished during the requesting activity visit. At the time of task order award the list of GFP/GFE will be incorporated on the task order. The COR and contractor shall maintain adequate records to ensure that the property furnished has been inspected before acceptance by contractor for use, is returned and/or that material has been consumed in the performance of work, in accordance with GPF/GFE clauses has been incorporated to the contract.

H.2.2 PROCEDURES FOR PLACING ORDERS UNDER MULTIPLE AWARD CONTRACTS

H.2.2.1 This will be a multiple award contract administered in accordance with FAR 16.505.

H.2.3 REQUEST FOR TASK ORDER PROPOSALS

H.2.3.1 RTOPs will be sent via electronic mail or other media appropriate for the RTOP, such as web based interface. The RTOP will identify, by ELIN, the supplies and services the Government requires for an upcoming Task Order. When responding to an RTOP, contractors shall propose firm-fixed prices for established ELINs and “Other Items” ELINs. Firm-Fixed-Prices for all items will be set at the Task Order level. The Contractor shall select subcontractor (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract, when relying on subcontractor infrastructure to satisfactorily perform.

H.2.3.2 The prime contractor, not the subcontractor, will be ultimately responsible for meeting the objectives of each task order award. If the task order services or supplies will be provided by subcontractors, the prime contractor must assure the government that it has the applicable backup plan(s) or adequate resources/assets to support the effort successfully in case the subcontractor is unable to support.

H.2.3.3 The contractor’s response to an RTOP will constitute an “offer” as this term is defined in FAR 2.101 (“Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract”). By submitting an offer, the contractor grants the Government the right to accept the offer and form a binding obligation on the contractor to perform the Task Order at the prices set forth in the offer. Task orders will be awarded in accordance with FAR 16.505. The Government will award Task Orders in most cases with little or no discussions. The Government may accept any item or group of items of an offer, unless the contractor qualifies the offer by specific limitations. This limitation shall be clearly specified on the proposal and shall be included on the e-mail message when submitting the proposal. The Government reserves the right to make a task order award for any item for a quantity less than the quantity offered, at the unit prices offered, unless the contractor specifies otherwise in the offer.

H.2.3.4 Contractors are cautioned against failing to offer pricing on all items solicited in the RTOP, or offering substitute items, as this may result in rejection of the offer for not meeting the government’s requirements. If the offeror submits substitute items, it shall explain how the substitute items will save the Government money or are a better value over the items specified in the RTOP.

H.2.3.5 The task order evaluation and selection process will be identified in the RTOP.

H.2.3.6 Contractors are not required to submit an offer in response to an RTOP; however, subject to FAR 16.505 (b)(2), the Government has the right to issue a Task Order to a contractor within the ordering period and up to the contract maximum, and the contractor is obligated to perform the Task Order, regardless of whether the contractor submitted an offer in response to an RTOP for the Task Order (see the clause “Indefinite Quantity,” FAR 52.216-22 of this contract and FAR 16.504 (a)(1)), or whether the Government issued an RTOP for the Task Order (see, e.g., FAR 16.505. The Government will not issue a Task Order in contravention of the provisions at FAR 16.505(b). In emergent circumstances when the parties cannot agree on an overall price for the task order prior to the performance date, the contractor is required to perform the task order, and the price will be agreed upon later. If no agreement can be reached, then the matter will be resolved in accordance with the Disputes Clause, FAR 52.233-1.

H.2.3.7 The KO reserves the right to request additional pricing information/justification for prices that may not be supported by the current market conditions, to address any disputes for this nature under the disputes clause, or to determine price reasonableness for items or services priced at the task order level. The Government reserves the right to exclude contract holders from continued participation should they fail to adequately perform any aspects of their subsequent contract or fail to actively participate in the task order competitions.

H.2.3.8 Upon request of KO only, the contractor shall provide the following information: In accordance with FAR part 15.404-3, the prime contractor or subcontractor shall -- (1) Conduct appropriate cost or price analyses to establish the reasonableness of proposed subcontract prices; (2) Include the results of these analyses in the price proposal. As a result, the offeror and its subcontractor(s) shall provide whatever information is necessary to help the Government understand why the proposed prices are realistic, fair, and reasonable in a narrative within its offer. When requested, each offeror's price proposal shall contain sufficient quantitative and narrative documentation necessary to adequately support and explain the prices proposed to include subcontractor prices. If competition is not available for subcontracting, the narrative shall provide the circumstances to explain why the competition is not available and how the subcontractor’s price is realistic and reasonable.

H.2.4 MODIFICATION OF ORDERS

H.2.4.1 Unless otherwise provided herein, in the event an order or ELIN is cancelled at least 7 business days prior to the start of the period of performance, the U.S. Government will not be liable for any charges. For any cancelled order or ELIN in which the Government does not provide notice of the cancellation in accordance with these terms, the ordering activity shall be responsible for any termination costs in accordance with FAR Clause 52.249-2 “Termination for Convenience of the Government (Fixed-Price)”. Any disagreements shall be subject to the disputes clause in the contract. In all cases, the contractor is responsible for taking all necessary steps to mitigate any damages/termination costs on behalf of the U.S. Government.

H.3 USCENTCOM MANDATORY ELIGIBILITY FOR CONTRACT AWARD AND ACCESS TO U.S. GOVERNMENT INSTALLATION, EQUIPMENT, PERSONNEL, AND INFORMATION

H.3.1 The prime contractor shall complete all registration requirements for access in the US Government Information Technology (IT) Joint Contingency and Expeditionary Services (JCXS) system containing the Joint Contingency Contracting System (JCCS) module located at www.jccs.gov. This registration shall be maintained throughout the performance of the contract. Failure of registration for the prime contractor could result in a determination by the Contracting Officer of non-responsibility under FAR 9.

H.3.1.1 U.S. Commanders possess inherent authority to maintain law and order, provide security, and impose discipline necessary to protect the inhabitants of U.S. installations, U.S. personnel operating outside of installations, and U.S. funded developmental projects in the entire USCENTCOM AOR. This authority allows commanders to administratively and physically control access to installations, vessels, properties, personnel, equipment, and/or project sites, and to bar contractors, and any employees, from an installation or site. A commander’s inherent force protection (FP) authority is independent of an agency’s contracting authority, and it may not be superseded by any contractual term or provision.

H.3.1.2 The prime Contractor/Vendor acknowledges that: submission of a bid, offer, or a proposal; acceptance of contract award of any type; or continuing effort under any contract that includes this language; requires that the Contractor/Vendor under any affected contracts be initially eligible -- and remain eligible during the entire period of contract performance to include any warranty period -- for access to a U.S. installations, vessels, properties, personnel, equipment, and/or project sites regardless of whether the performance will take place on or off a U.S. installation. As part of the responsibility determination in accordance with FAR Part 9, prior to awarding a contract in the USCENTCOM AOR, all contacting activities shall verify that the Awardee has completed all registration requirements in JCCS.gov and is determined eligible for access.

H.3.1.3 Access determinations arise from the Combatant Commander’s (or the designated cognizant commander’s) inherent authority and are separate and distinct from any law, regulation, or policy regarding suspension and debarment authority. Contractor queries or requests for reconsideration related to U.S. installation base or vessel access eligibility must be directed to the authority responsible for their respective access decisions.

H.4 USAFRICOM MANDATORY ELIGIBILITY FOR CONTRACT AWARD AND ACCESS TO U.S. GOVERNMENT INSTALLATION, EQUIPMENT, PERSONNEL, AND INFORMATION

H.4.1 The prime contractor shall complete all registration requirements for access in the US Government Information Technology (IT) Joint Contingency and Expeditionary Services (JCXS) system containing the Joint Contingency Contracting System (JCCS) module located at www.jccs.gov. This registration shall be maintained throughout the performance of the contract. Failure of registration for the prime contractor could result in a determination by the Contracting Officer of non-responsibility under FAR 9.

H.4.1.1 A subcontractor with an estimated subcontract value over $50,000.00 must have completed all registration for access to US government installation, equipment, and personnel in the US Government Information Technology (IT) Joint Contingency and Expeditionary Services (JCXS) system containing the Joint Contingency Contracting System (JCCS) module found at www.JCCS.gov.

H.4.1.2 U.S. Commanders possess inherent authority to maintain law and order, provide security, and impose discipline necessary to protect the inhabitants of U.S. installations, U.S. personnel operating outside of installations, and U.S. funded developmental projects in the entire USAFRICOM AOR. This authority allows commanders to administratively and physically control access to installations, vessels, properties, personnel, equipment, and/or project sites, and to bar contractors, and any employees, from an installation or site. A commander’s inherent force protection (FP) authority is independent of an agency’s contracting authority, and it may not be superseded by any contractual term or provision.

H.4.1.3 The prime Contractor/Vendor acknowledges that: submission of a bid, offer, or a proposal; acceptance of contract award of any type; or continuing effort under any contract that includes this language; requires that the Contractor/Vendor under any affected contracts be initially eligible -- and remain eligible during the entire period of contract performance to include any warranty period -- for access to a U.S. installations, vessels, properties, personnel, equipment, and/or project sites regardless of whether the performance will take place on or off a U.S. installation. As part of the responsibility determination in accordance with FAR Part 9, prior to awarding a contract in the USAFRICOM AOR, all contacting activities shall verify that the Awardee has completed all registration requirements in JCCS.gov and is determined eligible for access.

H.4.1.3 Access determinations arise from the Combatant Commander’s (or the designated cognizant commander’s) inherent authority and are separate and distinct from any law, regulation, or policy regarding suspension and debarment authority. Contractor queries or requests for reconsideration related to U.S. installation base or vessel access eligibility must be directed to the authority responsible for their respective access decisions.

H.5 UNITED STATES FORCES KOREA (USFK) INVITED CONTRACTOR AND TECHNICAL REPRESENTATIVE PROGRAM

H.5.1 USFK policy is to comply with applicable international agreements and all U.S. laws, directives, policies, and procedures regarding the designation, suspension, and revocation of IC/TR status. USFK may provide Status of Forces Agreement (SOFA) status and support only to contractors, employees, and dependents meeting the criteria in the SOFA and this instruction.

H.5.2 The SOFA mandates the use of Korean contractors in the Republic of Korea (ROK) whenever possible. A U.S. Government Contracting Officer (KO) shall request approval to use U.S. contractors when at least one of the four exceptions listed below are applicable.

H.5.2.1 Security considerations, H.5.2.2 The technical qualifications of the contractor involved, H.5.2.3 The unavailability of materials or services required by U.S. standards, or

H.5.2.4 Limitations of U.S. law.

H.5.3 Task orders for performance in ROK will set-aside for Korean contractors unless the KO receives approval from USFK.

H.5.4 U.S. contractors selected to execute contracts in support of U.S. Armed Forces in the ROK shall only enter the ROK to perform contractual obligations in accordance with the terms and conditions of contract. U.S. contractor employees working in the ROK without proper SOFA designation, or in the case of TCN contractor employees without proper immigration status, are in direct violation of the SOFA and ROK law and are subject to prosecution by ROK authorities.

H.5.5 The U.S. Government KOs shall ensure compliance with international agreements when placing contracts with performance of contractors outside the U.S. and include required instructions and clauses in the contracts.

H.6 BERRY AMENDMENT EXCEPTION DETERMINATION AT TASK ORDER LEVEL

H.6.1 Notwithstanding any other provision of this contract, an authorized ordering officer may determine that an exception to the Berry Amendment (10 U.S.C.4862), which restricts the Department of Defense (DoD) from using funds appropriated or otherwise made available to the DoD for the procurement of certain items not grown, reprocessed, reused, or produced in the United States, applies to a specific task order issued under this contract.

H.6.2 Such determination will be made in writing by an authorized ordering officer and will specify the basis for the exception under the applicable provisions of the Berry Amendment. The determination will be issued prior to the award of the task order or as otherwise needed during the performance of the task order.

H.6.4 Authorized ordering officers shall not apply the exception to Berry Amendment for purchases for amounts not greater than $150.000.00.

H.6.3 The contractor is required to comply with all other terms and conditions of the contract, including the Berry Amendment requirements, for task orders where no such exception determination has been made.

H.6.4 The contractor shall include the substance of this clause in all subcontracts at any tier under this contract, where the subcontractor may be subject to Berry Amendment restrictions.

H.7 WAGE DETERMINATION AT TASK ORDER LEVEL

Section I - Contract Clauses