N0018921Q00410004 Amd4.pdf

N6339321RCCC002

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

THE PURPOSE OF THIS AMENDMENT IS TO UPDATE THE ANSWERS TO QUESTIONS AND:

1. EXTEND THE SOLICITATION TO 9 FEBRUARY 2021 AT 11:00 AM EASTERN STANDARD TIME;

2. UPDATE THE PERFORMANCE WORK STATEMENT;

3. UPDATE ADDENDUM FAR 52.212-1;

4. REPLACE ATTACHMENT 5 REV 4 - HK 2 1HARNESS ASSY AEL BC 20120112;

5. REPLACE ATTACHMENT 6 SURFACE SHIP HARNESSES 2-330023058 JUL2020;

6. REPLACE ATTACHMENT 7 SURFACE SHIP HARNESSES 2-330023059 JUL2020;

7. ADD ATTACHMENT 8 USN BC R550 RESCUE KIT - 150_12_11_20;

8. UPDATE STATUS OF FORCES AGREEMENT INFORMATION FOR BAHRAIN AND SPAIN;

9. ADD GOVERNMENT FURNISHED PROPERTY CLAUSES;

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 55

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 26-Jan-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N0018921Q0041

X 9B. DATED (SEE ITEM 11)

16-Dec-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

26-Jan-2021

CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: W. POWELL

1968 GILBERT ST, SUITE 600

NORFOLK VA 23511-3392

N00189 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0018921Q0041

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 02-Feb-2021 11:00 AM to 09-Feb-2021 11:00 AM.

The following have been added by reference:

52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 (Dev) Reporting Loss of Government Property (DEVIATION 2020- O0004)

FEB 2020

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

The following have been added by full text:

REIMBURSEMENT OF TRAVEL COST (SEP 2015)

(a) Travel

(1) Area of Travel. Performance under this contract may require travel by contractor personnel. If travel, domestic or overseas, is required, the contractor is responsible for making all needed arrangements for his personnel.

This includes but is not limited to the following:

Medical Examinations Immunization Passports, visas, etc.

Security Clearances

All contractor personnel required to perform work on any U.S. Navy vessel will have to obtain boarding authorization from the Commanding Officer of the vessel prior to boarding.

(2) Travel Policy. The Government will reimburse the contractor for allowable travel costs incurred by the contractor in performance of the contract and determined to be in accordance with FAR subpart 31.2, subject to the following provisions:

Travel required for tasks assigned under this contract shall be governed in accordance with rules set forth for temporary duty travel in FAR 31.205-46.

(3) Travel. Travel, subsistence, and associated labor charges for travel time are authorized, whenever a task assignment requires work to be accomplished at a temporary alternate worksite.

Travel performed for personal convenience and daily travel to and from work at contractor’s facility will not be reimbursed.

(4) Per Diem. Per diem for travel on work assigned under this contract will be reimbursed to employees consistent with company policy, but not to exceed the amount authorized in the Department of Defense Joint Travel Regulations.

(5) Shipboard Stays. Whenever work assignments require temporary duty aboard a Government ship, the contractor will be reimbursed at the per diem rates identified in paragraphs C8101.2C or C81181.3B(6) of the DOD Joint Travel Regulations, Volume 2.

(6) Air/Rail Travel. In rendering the services, the contractor shall be reimbursed for the actual costs of transportation incurred by its personnel not to exceed the cost of tourist class rail, or plane fare, to the extent that such transportation is necessary for the performance of the services hereunder and is authorized by the Ordering Officer. Such authorization by the Ordering Officer shall be indicated in the order or in some other suitable written form.

NOTE: To the maximum extent practicable without the impairment of the effectiveness of the mission, transportation shall be tourist class. In the event that only first class travel is available, it will be allowed, provided justification therefore is fully documented and warranted.

(7) Private Automobile. The use of privately owned conveyance within the continental United States by the traveler will be reimbursed to the contractor at the mileage rate allowed by Joint Travel Regulations.

Authorization for the use of privately owned conveyance shall be indicated on the order. Distances traveled between points shall be shown in standard highway mileage guides. Any deviations from distance shown in such standard mileage guides shall be explained by the traveler on his expense sheet.

(8) Car Rental. The contractor shall be entitled to reimbursement for car rental, exclusive of mileage charges, as authorized by each order, when the services are required to be performed outside the normal commuting distance from the contractor’s facilities. Car rental for TDY teams will be limited to a rate of one car for every four

(4) persons on TDY at one site.

(End of Text)

DURATION OF CONTRACT PERIOD (SEP 2015)

(a) This contract shall become effective on 1March 2021 or date of award, whichever is later, and the ordering period shall continue in effect during the period ending 60 months after date of contract unless terminated in accordance with other provisions herein. Performance under task orders issued under this contract may begin 30 days after the effective date of the contract and may continue in effect during the period ending 60 days after the last day of the ordering period.

Ordering Period 60 months after date of contract If FAR 52.217-8 Option is exercised 61-66 months after date of contract

(b) Notwithstanding the above, the Contracting Officer may extend the contract ordering period to accommodate the issuance of task orders.

(End of Text)

COMMUNICATIONS DURING THE LIFE OF THE CONTRACT (SEP 2015)

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Principal Contracting Officer is:

DOROTHY CURLING

CONTRACTING OFFICER

NAVSUP FLC NORFOLK CONTRACTING DEPARTMENT

1968 GILBERT STREET, SUIT 600, NORFOLK, VA 23511

dorothy.curling@navy.mil

(End of Text)

MINIMUM AND MAXIMUM QUANTITIES (FFP, SINGLE AWARD IDIQ) (SEP 2015)

As referred to in paragraph (b) of the “Indefinite Quantity” clause of this contract, the total contract minimum guarantee is a total of $36,000.00 worth of orders at the contract unit price(s). The contract maximum cost is a total of $2,000,000.00.

(End of Text)

ORDERING (INDEFINITE DELIVERY CONTRACTS) (SEP 2015)

(a) Ordering: Supplies or services to be furnished under this contract shall be furnished at such times as ordered by the issuance of delivery/task orders on DD Form 1155 by the NAVSAFENVTRACEN Ordering Officer.

All orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any order. When mailed, a delivery/task order shall be “issued” for purpose of this contract at the time the Government deposits the order in the mail, or, if transmitted by other means, when physically delivered to the contractor.

(b) Ordering Procedures:

(1) Delivery/task orders issued shall include, but not be limited to the following information:

(a) date of order

(b) contract and order number

(c) appropriation and accounting data

(d) item number and description of the services to be performed, quantity, and unit price or estimated cost or fee.

(e) description of end item(s) to be delivered

(f) packaging, packing, and shipping instructions, if any.

(g) DD Form 254 (Contract Security Classification Spec), if applicable

(h) DD Form 1423 (Contract Data Requirements List), if data to be delivered under the order is not listed on the DD Form 1423 included in this contract.

(i) exact place of pickup and delivery

(j) the inspecting and accepting codes (as applicable)

(k) period of time in which the services are to be performed

(l) for Cost plus Fixed Fee (CPFF) and Time & Materials/Labor Hour (T&M/LH) orders, each applicable labor category, estimated number of labor hours estimated to be required to perform the order.

mailto:dorothy.curling@navy.mil

(m) the estimated cost plus fixed fee or ceiling price for the order, or, in the case of a Firm Fixed Price (FFP) order, the price of the order

(n) list of Government furnished material and the estimated value thereof, if applicable.

(o) method of payment and payment office, if not specified in the contract (see 32.1110(e)).

(p) any other pertinent information.

(c) Oral orders may be placed hereunder only in emergency circumstances. Information described above shall be furnished to the contractor at the time of placing an oral order and shall be confirmed by issuance of a written delivery/task order on DD Form 1155 within ten (10) working days.

(d) Modifications of delivery/task orders: Delivery/task orders may be modified by the Ordering Officer.

Modifications to delivery/task orders shall include the information set forth in paragraph b. above, as applicable.

Delivery/task orders may be modified orally by the Ordering Officers in emergency circumstances. Oral modifications shall be confirmed by issuance of a written modification within two working days from the time of the oral communication modifying the order.

(End of Text)

LIMIT ON TOTAL ORDERS (REQUIREMENTS CONTRACTS) (SEP 2015)

The limit on total orders under this contract is the total estimated dollar amount of the contract, as awarded.

(End of Text)

CONTRACT ADMINISTRATION PLAN (CAP) FOR FIXED PRICE, INDEFINITE DELIVERY,

CONTRACTS

In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document.

The office or individual designated as having responsibility should be contacted for any questions, clarifications or information regarding the administration function assigned.

1. The Procuring Contract Office (PCO) is responsible for:

a. All pre-award duties such as solicitation, negotiation and award of contracts.

b. Any information or questions during the pre-award stage of the procurement.

c. Freedom of Information inquiries.

d. Changes in contract terms and/or conditions.

e. Post award conference.

2. The Contract Administration Office (CAO) is responsible for matters specified in FAR 42.302, except those areas otherwise designated as the responsibility of the Contracting Officer's Representative (COR) or someone else herein.

3. The paying office is responsible for making payment of proper invoices after acceptance is documented.

4. The Ordering Officer is responsible for:

a. Requesting, obtaining and evaluating proposals for orders to be issued.

b. Select the most advantageous offer to the Government for individual Task Orders in accordance with contract provisions. Determining that the price/estimated cost of the order is fair and reasonable for the effort proposed.

c. Obligating the funds by issuance of the delivery order/task order.

d. Authorizing the contractor to begin performance.

e. Providing subcontract approval.

f. Monitoring direct costs on orders issued.

NOTE: The PCO and the Ordering Officer may be the same individual, but in no case shall the COR perform the duties of the Ordering Officer.

5. The Contracting Officer's Representative (COR) is responsible for interface with the contractor and performance of duties such as those set forth below. It is emphasized that only the PCO/CAO has the authority to modify the terms of the contract. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the government. If in the opinion of the contractor an effort outside the scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action may be taken by the contractor unless the PCO or CAO has issued a contractual change. The COR duties are as follows:

a. Technical Interface

(1) The COR is responsible for all Government technical interface concerning the contractor and furnishing technical instructions to the contractor. These instructions may include: technical advice/recommendations/clarifications of specific details relating to technical aspects of contract requirements;

milestones to be met within the general terms of the contract or specific subtasks of the contract; or, any other interface of a technical nature necessary for the contractor to perform the work specified in the contract or order.

The COR is the point of contact through whom the contractor can relay questions and problems of a technical nature to the PCO.

(2) The COR is prohibited from issuing any instruction which would constitute a contractual change.

The COR shall not instruct the contractor how to perform. If there is any doubt whether technical instructions contemplated fall within the scope of work, contact the PCO for guidance before transmitting the instructions to the contractor.

b. Contract Surveillance

(1) The COR shall monitor the contractor's performance and progress under the contract. In performing contract surveillance duties, the COR should exercise extreme care to ensure that he/she does not cross the line of personal services. The COR must be able to distinguish between surveillance (which is proper and necessary) and supervision (which is not permitted). Surveillance becomes supervision when you go beyond enforcing the terms of the contract. If the contractor is directed to perform the contract services in a specific manner, the line is being crossed.

In such as situation, the COR's actions would be equivalent to using the contractor's personnel as if they were government employees and would constitute transforming the contract into one for personal services.

(2) The COR shall monitor the contractor's performance to see that inefficient or wasteful methods are not being used. If such practices are observed, the COR is responsible for taking reasonable and timely action to alert the contractor and the PCO to the situation.

(3) The COR will take timely action to alert the PCO to any potential performance problems. If performance schedule slippage is detected, the COR should determine the factors causing the delay and report them to the PCO, along with the contractor's proposed actions to eliminate or overcome these factors and recover the slippage. Once a recovery plan has been put in place, the COR is responsible for monitoring the recovery and keeping the PCO advised of progress.

(4) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a Contractor Performance Assessment Report (CPAR) in the CPARS Automated Information System (AIS). The initial CPAR, under an eligible contract, must reflect evaluation of at least 180 days of contractor performance. The completed CPAR, including contractor comments if any, (NOTE: contractors are allowed 30 days to input their comments) should be available in the CPARS AIS for reviewing official (PCO) review no later than 270 days after start of contract performance. Subsequent CPARs covering any contract option periods should be ready at 1-year intervals thereafter.

c. Invoice Review and Approval/Inspection and Acceptance

(1) The COR is responsible for quality assurance of services performed and acceptance of the services or deliverables. The COR shall expeditiously review copies of the contractor's invoices or vouchers, certificate of performance and all other supporting documentation to determine the reasonableness of the billing. In making this determination, the COR must take into consideration all documentary information available and any information developed from personal observations.

(2) The COR must indicate either complete or partial concurrence with the contractor's invoice/voucher by executing the applicable certificate of performance furnished by the contractor.

(3) The COR will provide the PCO and the CAO with copies of acceptance documents such as Certificates of Performance.

(4) Upon completion of all services under the contract, the COR shall work with the Contractor to obtain and execute a final invoice no more than 60 days after completion of contract performance. The COR shall ensure that the invoice is clearly marked as a “Final Invoice.”

d. Contract Modifications/Orders Under Indefinite Delivery Contracts.

(1) The COR is responsible (if necessary) for developing the statement of work for tasking orders, change orders, or modifications and for preparing an independent government cost estimate of the effort described in the proposed statement of work.

(2) The COR shall provide available and relevant Past Performance information with each request for new Task Orders. The COR shall review and evaluate the contractor’s proposal and furnish comments and recommendations

e. Administrative Duties

(1) The COR is responsible for taking appropriate action on technical correspondence pertaining to the contract and for maintaining files on each contract. This includes all modifications, government cost estimates, contractor invoices/vouchers, certificates of performance, DD 250 forms and contractor's status reports.

(2) The COR shall maintain files on all correspondence relating to contractor performance, whether satisfactory or unsatisfactory, and on trip reports for all government personnel visiting the contractor's place of business for the purpose of discussing the contract.

(3) The COR must take prompt action to provide the PCO with any contractor or technical code request for change, deviation or waiver, along with any supporting analysis or other required documentation.

f. Government Furnished Property. When government property is to be furnished to the contractor, the COR will take the necessary steps to ensure that it is furnished in a timely fashion and in proper condition for use. The COR will maintain adequate records to ensure that property furnished is returned and/or that material has been consumed in the performance of work.

g. Security. The COR is responsible for ensuring that any applicable security requirements are strictly adhered to.

h. Standards of Conduct. The COR is responsible for reading and complying with all applicable agency standards of conduct and conflict of interest instructions.

i. Written Report/Contract Completion Statement.

(1) The COR is responsible for timely preparation and submission to the PCO, of a written, annual evaluation of the contractors performance. The report shall be submitted within 30 days prior to the exercise of any contract option and 60 days after contract completion. The report shall include a written statement that services were received in accordance with the Contract terms and that the contract is now available for close-out. The report shall also include a statement as to the use made of any deliverables furnished by the contractor. For contracts where delivery orders are issued, one consolidated report which addresses all actions under the contract may be submitted.

(2) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a final Contractor Performance Assessment Report (CPAR) in the CPARS with 30 days of contract completion.

(3) The COR is responsible for providing necessary assistance to the Contracting Officer in performing Contract Close-out in accordance with FAR 4.804, Closeout of Contract Files.

7. The Technical Assistant (TA), if appointed, is responsible for providing routine administration and monitoring assistance to the COR. The TA does not have the authority to provide any technical direction or clarification to the contract. Duties that may be performed by the TA are as follows:

a. Identify contractor deficiencies to the COR.

b. Review contract/delivery order deliverables, recommend acceptance/rejection, and provide the COR with documentation to support the recommendation.

c. Assist in preparing the final report on contractor performance for the applicable contract/delivery order in accordance with the format and procedures prescribed by the COR.

d. Identify contract noncompliance with reporting requirements to the COR.

e. Evaluate the contractor's proposals for specific delivery orders and identify, for the COR, any potential problems, areas of concern, or issues to be discussed during negotiations.

f. Review contractor status and progress reports, identify deficiencies to the COR, and provide the COR with recommendations regarding acceptance, rejection, and/or Government technical clarification requests.

g. Review invoices for the appropriate mix of types and quantities of labor, materials, and other direct costs, and provide the COR with recommendations to facilitate COR certification of the invoice.

h. Provide the COR with timely input regarding technical clarifications for the statement of work, possible technical direction to provide the contractor, and recommend corrective actions.

i. Provide detailed written reports of any trip, meeting, or conversation to the COR subsequent to any interface between the TA and contractor.

(End of Text)

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1. PURPOSE

This Quality Assurance Surveillance Plan (QASP) is a Government developed and applied document used to make sure that systematic quality assurance methods are used in the administration of the Performance Based Service Contract (PBSC) standards included in this contract and in subsequent task orders issued thereunder. The intent is to ensure that the Contractor performs in accordance with performance metrics set forth in the contract documents, that the Government receives the quality of services called for in the contract and that the Government only pays for the acceptable level of services received.

2. AUTHORITY

Authority for issuance of this QASP is provided under the Federal Acquisition Regulation (FAR) 52.212-4 “CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2003), paragraph (a), which provides for inspections and acceptance of the articles, services, and documentation called for in task orders to be accomplished by the Contracting Officer or his duly authorized representative.

3. SCOPE

The Quality Assurance Surveillance Plan (QASP) is put in place to provide Government surveillance oversight of the Contractor’s quality control efforts to assure that they are timely, effective and are delivering the results specified in the contract or task order. The QASP is not intended to duplicate the Contractor’s Management Plan.

4. GOVERNMENT RESOURCES

The following definitions for Government resources are applicable to this plan:

Contracting Officer - A person duly appointed with the authority to enter into, administer, or terminate contracts and make related determinations and findings on behalf of the Government.

Contracting Officer’s Representative (COR) - An individual designated in writing by the Contracting Officer to act as his authorized representative to assist in administering a contract. The source and authority for a COR is the Contracting Officer. COR limitations are contained in the written letter of appointment.

5. RESPONSIBILITIES

The Government representatives shall have responsibilities for the implementation of this QASP as follows:

Contracting Officer – The Contracting Officer ensures performance of all necessary actions for effective contracting, ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship. It is the Contracting Officer that assures the Contractor receives impartial, fair, and equitable treatment under the contract. The Contracting Officer is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the project and assures proper Government surveillance of the Contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the Contractor deems may affect contract, price, terms, or conditions shall be referred to the Contracting Officer for action.

6. METHODS OF QA SURVEILLANCE

The below listed methods of surveillance shall be used in the administration of this QASP.

Customer Feedback – Customer feedback may be obtained from students’ critique. The COR shall maintain a summary log of all formally received critiques as well as a copy of each critique in a documentation file.

Periodic Audits – The COR will conduct periodic audits of the class to ensure adherence with the Performance Work Statement (PWS), to ensure the accuracy of the information presented by the instructor, and to ensure the professionalism and competency of the instructor. Audits may be performed by the COR, the course supervisor, or a designated representative.

Routine Inspection - The COR will inspect the documentation that is received from the instructor after every convening of the course. The COR will also monitor that the contractor is in compliance with all terms of the contract.

7. DOCUMENTATION

The COR will, in addition to providing documentation to the Contracting Officer, maintain a complete Quality Assurance File. All such records will be retained for the life of this contract.

8. INCENTIVES/DISINCENTIVES

The COR makes an annual report on Contractor Performance (CPARS or other annual report). The contractor’s failure to achieve satisfactory performance under the contract/task order, reflected in the COR’s annual report, may result in termination of the contract/task order and may also result in the loss of future Government contracts/task orders.

For each item that does not meet acceptable levels, the Government may issue a Contract Discrepancy Report (CDR). CDRs will be forwarded to the Contracting Officer with a copy sent to the contractor. The contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor’s past performance and plan to solve the problem, the Contracting Officer will determine if any further action will be taken.

In accordance with the inspection of services provisions of the contract, the contractor will be incentivized to provide quality products in a timely manner since the Government can require the Contractor, at no additional cost to the Government, to replace or correct work that fails to meet contract requirements.

9. COMPETENT PERSON FALL PROTECTION (CPFP) COURSE QASP MATRIX

Deliverable or Service Requirement

Measurement /Metric Performance

Standard Maximum Error Rate

Method of Surveillance

Procedures to be taken when performance standards are not met

Course Completion Report (per paragraph 4.6)

Accuracy

Timeliness

All class in formation required by the contract must be submitted to the

COR

Within 30 business days of the completion of the course.

0%

Routine inspection

If course completion reports are not received within the specified time period, details will be recorded on “past performance report card”.

Student Critiques (per 4.6)

Quantity The instructor shall collect critiques from at least 95% of the students in attendance.

5% Routine inspection

If course completion reports are not received within the specified time period, details will be recorded on “past performance report card”.

Key Personnel (per paragraph 4.4)

Frequency Contractor shall not have more than a 20% turnover rate during the life of the contract

0% Routine inspection

If contractor exceeds maximum turnover rate, details will be recorded on “past performance report card”.

Audits (per paragraph 8.4)

Timeliness Contractor shall make the necessary corrections either within 30 days of notification or before the next class convening, whichever occurs first.

0% Routine inspection

If recommended corrections are not incorporated as prescribed by performance standard, the Government will increase oversight, and will increase the frequency of classroom monitoring at the contractor’s expense.

Invoices (per paragraph 1.6.21)

Accuracy

Timeliness

Completed invoices will include the fixed price cost for the convening’s taught, as well as any reimbursement for travel and per diem.

Within fifteen (3) working days after the last day of the course offering.

If invoices are not received within the specified time period, details will be recorded on “past performance report card”.

STATUS OF FORCES AGREEMENT INFORMATION

It is the contractor's responsibility to review, understand, and comply with all SOFA and country-specific requirements applicable to this contract.

SOFA status defines the benefits received by the contractor and/or the contractor's dependents. These benefits include, but are not limited to, commissary, postal, military banking privileges, on-base education and access to United States military medical facilities. The SOFA status usually defines the prosecution for criminal offenses in the USG OCONUS court system and laws as opposed to the Host Nation judicial system and laws but that will vary by location.

The resultant contract may have performance in OCONUS locations as detailed in Attachment I – PWS, for which an agreement may apply. Additional information on traveling outside of the United States can found by accessing the Foreign Clearance Guide located at https://www.fcg.pentagon.mil/fcg.cfm and the respective Area of Responsibility (AOR) Geographic Combatant Command (GCC) webpage located at http://www.acq.osd.mil/dpap/pacc/cc/areas_of_responsibility.html. A summary of agreements is provided below for information purposes only.

The information provided in this section is strictly a summary of the applicable SOFAs and country-specific requirements and should not be construed as all-inclusive. It is the contractor's responsibility to review, understand and comply with all SOFA and country-specific requirements applicable to this contract.

SOFA status defines the benefits received by the contractor and/or the contractor’s dependents. These benefits include, but are not limited to, commissary, postal, military banking privileges, on-base education and access to United States military medical facilities. The SOFA status usually defines the prosecution for criminal offenses in the USG OCONUS court system and laws as opposed to the Host Nation judicial system and laws but that will vary by location.

The NATO SOFA is the governing document with respect to the status of forces in NATO countries. The NATO SOFA is silent to many issues, such as how and when SOFA status is granted to contractors. Issues like this are addressed in various bilateral agreements that the United States has with other countries, and the requisite requirements differ from country to country.

For work performed in Japan or Korea, U.S.-Japan or U.S.-Korea bilateral agreements govern the status of contractors and employees, criminal jurisdiction, and taxation. U.S. Forces Japan (USFJ) and U.S. Forces Korea (USFK) are sub-unified commands of Pacific Command (PACOM). The PACOM Staff Judge Advocate contact information is available at http://www.pacom.mil/web/Site_Pages/Staff%20Directory/J0/J0.shtml or by clicking on Staff Directory/Special Staff on the PACOM website. Links to USFJ and USFK websites can be found at the PACOM website at http://www.pacom.mil by clicking on “Regional Resources - Links”.

The Government may, at the discretion of the Base Commander, provide contractor employees and authorized dependents logistics support as mentioned in the previous paragraph. This only applies to foreign countries that have a SOFA.

1.1.1. BASE PRIVILEGES - BAHRAIN AND CONTRACTOR LICENSING IAW BAHRAIN LAW:

Contractor shall be aware of the requirements for foreign companies wishing to do business in Bahrain must be registered and licensed carry out any commercial activity IAW with Bahrain Commercial Companies Law No. (21) of 2001. All contractor employees shall possess a valid working visa. The Government will not sponsor contractors.

Working visas shall be the responsibility of the employee or sponsored by the Contractor.

Without additional expense to the Government, the contractor shall be responsible for obtaining any necessary insurance, licenses, and permits and for complying with any applicable laws, codes, and regulations required by the host-nation in connection with the performance of the work set forth in this contract. The Government will not be responsible for activities of the contractor or contractor employees outside the scope of this contract. The Government has no obligation to support the dependents of contractor employees, including, but not limited to, providing command sponsorship within the host-nation.

1.1.1.1. DOD CONTRACTOR Insurance (Bahrain)

No mandatory requirements for insurance exist

1.1.2 DOD CONTRACTOR SOFA Status (Japan)

Article XIV gives SOFA status to a company, not to the individual employees, as is the case under SOFA Article I(b). Under Article XIV, only the actual employees receive SOFA benefits. There are no benefits for the employees’ dependents. Article XIV is limited to United States companies present in Japan solely to work for the United States Forces, Japan (USFJ). Article XIV requires a two to three year application process.

U.S. citizen contractors not ordinarily resident in Japan and present in Japan at the official invitation of the USG for the performance of a contract for the United States armed forces may be given SOFA Article I(b) status. The number of employees does not affect whether Article I(b) or Article XIV status is appropriate.

1.1.2.1 DOD CONTRACTOR Insurance (Japan)

Determining and meeting these requirements are the responsibility of the contractor, at no additional expense to the Government.

1.1.3 DOD CONTRACTOR SOFA Status (Spain)

The 1989 Agreement on Defense Cooperation (ADC), and local laws, supplement the NATO SOFA.

Under Annex 6, Article 1.1 of the ADC, contractors are authorized to work in Spain with prior approval from the Permanent Committee. Military authorities of the United States may propose to the Permanent Committee the http://www.pacom.mil/web/Site_Pages/Staff%20Directory/J0/J0.shtml http://www.pacom.mil/ designation of persons who are nationals of or ordinarily resident in the United States, whose presence in Spain is considered necessary solely for the purpose of executing a contract with the United States for the benefit of the U.S.

forces or U.S. and Spanish armed forces in the exercise of the functions authorized. Persons designated by the Permanent Committee shall be accorded during their temporary stay in Spain the same treatment as members of the civilian component.

1.1.3.1. DOD CONTRACTOR Insurance (Spain)

All contractor companies are required to have insurance under Annex 6 of the ADC. The requirement mandates a level of coverage between 6,000 and 900,000 Euros, depending on specific circumstances. This is required before the contracting company can obtain country clearance(s) for their employees, regardless of whether their employees will be designated contractor employees, “tech reps”, or employees of non- Spanish and non-commercial organizations. Therefore, insurance under Annex 6 will be required for a contractor to enter Spain.

The Government of the United States shall require that insurance contracts be affected to cover civil liabilities that may be incurred in Spanish territory. These civil liabilities include acts or omissions done in the performance of duty by employees of contractors and subcontractors of the U.S. forces.

Before the start of work by the contractor or subcontractor, the military authorities of the United States shall transmit to the Permanent Committee a document issued by the insurance company. This document must certify insurance coverage of the civil liabilities, in an amount considered sufficient by the Permanent Committee for this class of contract.

JAPAN SOFA AGREEMENT

UNITED STATES FORCES, JAPAN

USFJ INSTRUCTION 36-2611

15 June 2018

CHANGE OF STATUS BY PERSONS IN JAPAN TO ONE OF THE CATEGORIES AUTHORIZED BY THE

STATUS OF FORCES AGREEMENT

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

ACCESSIBILITY: Publication s and forms are available on the U.S. Forces Japan Portal or webpage at https://yokota.eis.pacaf.af.mil/USFJ or https://usfj.dod.afpims.mil

RELEASABILITY: There are no releasability restrictions on this publication OPR: USFJ/JSD (Mr. Daren Epstein) Certified by: USFJ/J5 (Col Burke Hamilton) Supersedes USFJI 36-2611, 6 October 2016 Pages:

PURPOSE: To establish policies and procedures which apply when a person in Japan receives status under the Status of Forces Agreement (SOFA).

SUMMARY OF CHANGES: Updated to reflect new procedures for change-of-status for individuals who are residing in Japan with an immigration status to SOFA status as a member of the civilian component or dependents or as persons or employees under Article XIV of the SOFA. The instruction needs to be read in its entirety.

1. Scope: This instruction is applicable to all elements of United States armed forces in Japan, to United States government contracting officers and officials who have contracts for performance in Japan for the US armed forces in Japan, and to civilians in Japan desiring to acquire SOFA status as members of the civilian component or as persons or employees under Article XIV of the SOFA.

2. SOFA Status Categories and Definitions.

2.1. Member(s) of the US armed forces, Civilian Component, and Dependents as defined in Article I(a), (b), and (c) of the SOFA.

2.2. Person(s) and Employee(s) as defined in Article XIV of the SOFA.

2.3. For the purpose of this USFJI, "ordinarily resident" individuals are those who reside in Japan under any form of immigration status. Ordinarily resident individuals are not eligibl e for SOFA status as members of the civilian component under Article I(b) unless and until they complete the procedures established herein (see para. 4.2.2.).

2.4. "Dependents" means spouse or children under 21 or parents and children over 21 if dependent for over half of their support upon a member of the US armed forces or upon a member of the civilian component.

3. Policies.

3.1. lmmigration status must be removed by Government of Japan (GOJ) authorities before status as a "member of the Civilian Component" under Article I(b) or "Persons or Employees" under Article XIV of the SOFA is granted to a person residing in Japan with an immigration status.

3.1.1. If an individual who is changing his status to a "member of the Civilian Component" under Article I(b) of the SOFA has dependents living in Japan who meet the definition of Article I(c) dependents and those dependents are not nationals of Japan, the sponsor should consider adjusting the immigration status of his dependents. Know that the GOJ authorities will have difficulty recognizing the dependent's SOFA status so long as the dependent continues to retain their residency status. To help solve this, dependents may use USFJ Form 8EJ (Confirmation of Eligibility under Status of Forces Agreement for dependents under Article I(c) of the SOFA, see Attachment 3).

3.1.1.1. The child and parent as prescribed in the USFJ Form 8EJ are limited to children under 21 or parents and children over 21 if they are dependent for over half of their support from a member of the US aimed forces or from a member of the civilian component (see para. 2.4.).

3.2. When the US authority grants SOFA status to an individual who had been residing in Japan with an immigration status, the granting activity must undertake all obligations in the SOFA for individuals brought into Japan pursuant to Article IX of the SOFA.

4. Procedures.

4.1. 1n the case where the US authority grants SOFA status to an individual who is a resident with an immigration status, the US authority must issue the USFJ Form 7EJ (Confirmation of Eligibility under Status of Forces Agreement; valid for 15 business days after the US authority's issue) to the individual under Article I(b) or Article XIV of the SOFA (see Attachment 2) or issue the USFJ Form 8EJ to the individual under Article l(c) of the SOFA (see Attachment 3).

4.2. The individual will then proceed to the Immigration Office with jurisdiction for GOJ action to request removal of any existing immigration status and to document the following items (see paras. 4.2.2.1., 4.2.2.2., 4.2.3., and 4.2.4.).

4.2.1. Individuals wishing to obtain SOFA status must comply with the laws and procedures of Japan regarding the change of their immigration status in Japan. For questions regarding these laws, individuals should contact local Immigration Offices (see Attachment 1 for listing).

4.2.2. Conversion to a "member of the Civilian Component" under Article I(b) of the SOFA; there are two different procedures for 1) those who have permanent residency status and

2) those who have status other than the permanent residency status, since Article I(b) of the SOFA excludes persons who are ordinarily resident in Japan and the Immigration Office considers that "ordinarily resident" individuals means having permanent residency status under Japanese laws (see para.

2.3.).

4.2.2.1. For those who have permanent residency status; As regards to an individual with a permanent residency status, who the Immigration Office considers as "ordinarily resident," the individual is not entitled to directly convert to Article I(b) of the SOFA status; however, in the case where the individual is permitted to change the residence status, other than to a permanent residency status, at the Immigration Office (e.g., a temporary visitor status), the individual is able to take the procedure as described in para. 4.2.2.2. in this instruction because, due to the change of status, the individual will be disqualified from the permanent residency status. NOTE: In the case where the individual who is entitled to change the residence status to other than the permanent residency status and obtains SOFA status pursuant to the procedure of para.

4.2.2.2., when the individual desiring to acquire the permanent residency status again after the individual no longer falls under SOFA status, the individual will not be able to get back the permanent residency status unless the individual satisfies the requirements prescribed in the Immigration Control Act. Additionally, when the individual applies to change the residence status, other than to the permanent residency status, in principle, one must bring the following to the Immigration Office. For specific procedures, contact the Immigration Office (see Attachment 1 for listing).

4.2.2.1.1. Passport.

4.2.2.1.2. Residence card.

4.2.2.1.3. Application for Change of Status of Residence (GOJ Form No. 30, see Attachment 6).

4.2.2.1.4. Written oath stating his/her understanding of the change of permanent residency as mentioned in para. 4.2.2.1.

4.2.2.1.5. ¥4,000 (A permission fee for Change of Status of Residence).

4.2.2.2. For those who have status other than the permanent residency status, they must bring the following to the local Immigration Office:

4.2.2.2.1. Passport or Certificate of status of residence.

4.2.2.2.2. Application of eligibility under the Status of Forces Agreement (GOJ Form No. 6, see Attachment 5).

4.2.2.2.3. Residence card for mid-to-long term resident (if applicable).

4.2.2.2.4. Certificate to prove those who are permitted to engage in more activities than their visa allow (if applicable).

4.2.2.2.5. Confirmation of Eligibility under Status of Forces Agreement referenced in paragraph

4.1. (USFJ Form 7EJ, see Attachment 2).

4.2.3. To convert to "Persons and Employees" under Article XIV of the SOFA, bring the following to the local Immigration Office:

4.2.3.1. Passport or Certificate of status of residence.

4.2.3.2. Application of eligibility under the Status of Forces Agreement (GOJ Form No. 6, see

4.2.3.3. Residence card for Mid-to-long term resident (if applicable).

4.2.3.4. Certificate to prove those who are permitted to engage in more activities than their visa allow (if applicable).

4.2.3.5. Confirmation of Eligibility under Status of Forces Agreement referenced in para. 4.1. (USFJ F01m 7EJ, see Attachment 3).

4.2.4.1. To convert to "Dependents" under Article I(c) of the SOFA, bring the following to the local

Immigration Office:

4.2.4.2. Passport or Certificate of status of residence.

4.2.4.3. Application of eligibility under the Status of Forces Agreement (GOJ Form No. 6, see

4.2.4.4. Residence card for Mid-to-long term resident (if applicable).

4.2.4.5. Certificate to prove those who are permitted to engage in more activities than their visa allow (if applicable).

4.2.4.6. Written statement from the US authority certifying the family relationship with a member of the US armed forces or civilian component.

4.2.4.7. Confirmation of Eligibility under Status of Forces Agreement referenced in para. 4.1. (USFJ Form 8EJ, see Attachment 3).

4.3. Immigration Office processes as follows:

4.3.1 For a "member of the Civilian Component" under Article I(b) of the SOFA, the Immigration Office confirms as to whether or not the individual who applied for revocation of the residence status is ordinarily resident; if the individual is not ordinarily resident, the Immigration Office fills out the Confirmation of Eligibility under Status of Forces Agreement (USFJ Form 7EJ) with " the individual is not ordinarily resident" and puts a seal of the person in charge (PIC). With this, the individual will be authorized by the US armed forces provisionally (limited to the validity period of USFJ Form 7EJ referenced in para. 4.1.). Based on that procedure, the Immigration Office revokes the residence status of the individual.

4.3.1.1. The phrase of [The Immigration Control Act does not apply due to being a "Status of Forces

Agreement" civilian component] is placed in the individual's passport.

4.3.2. For "Persons and Employees" under Article XIV of the SOFA, the Immigration Office puts a seal of the PIC on the…