N6134024R0064_Draft.pdf
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- Attached to
- Surface COMS Federal contract opportunity
- Solicitation number
- N61340-24-R-0064
About this file
This is a draft request for proposal (RFP) for Surface Combat Management Systems (COMS) technical and maintenance support services. The Navy seeks to award an indefinite delivery/indefinite quantity contract to provide contractor operations and maintenance services at multiple surface warfare training sites. Required support includes maintenance and operations of simulators, trainers, and technical training equipment to support surface warfare officer and enlisted training. The contract would have one two-month mobilization period followed by five one-year periods of performance from May 2024 through April 2029, with an optional six-month extension. Pricing is firm fixed price for mobilization and each annual period. The RFP includes attachments outlining support requirements, performance work statements, and wage determinations at various sites. The anticipated award date is 25 April 2024.
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Text version
CODE
(Hour)
PAGE(S)
until local time
X
A X B X C X D
EX
X
G F
35 - 42 X H 43 - 49 john.k.lina@navy.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 49
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
N61340 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
Refer to Block 7 conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
JOHN LINA 407-380-4972
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
5 - 6 7 - 8
K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 9 - 17 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 18 - 20 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
21 - 31
PART II - CONTRACT CLAUSES
NAWCTSD PROCUREMENT GROUP
GT26000
12211 SCIENCE DR
ORLANDO FL 32826-3224
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
32 - 34
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
16 Nov 2023
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N6134024R0064
Section B - Supplies or Services and Prices
SECTION B - TEXT
All applicable clauses under the basic Field Training Systems Support (FTSS V) Contract Section B are hereby incorporated with the same force and effect as if they were provided in full text. Clauses that appear herein are either additional in nature, contain Task Order (TO) level information, supersede clauses in the basic contract, or are included for emphasis.
B.1 SUPPLIES AND SERVICES
The Price Evaluation Worksheet (PEW), Attachment L-4, will be used by the Government to generate the Price Breakout Worksheet (PBW), Attachment 1, at contract award. Pricing for CLINS/Tasks will be populated in Section B of the resultant Task Order award document at time of award from the PEW/PBW.
The prices placed in Section B at award will reflect a roll-up of the selected CLIN’s Tasks from the PEW. All CLINs and each Task within individual CLINs, Mobilization, the Base period, and Option periods are Firm Fixed Price. Pricing for Option CLINs that have not been exercised are for Government planning purposes only and shall not bind the Government to a Task Level prior to exercise of the option.
B.2 ESTIMATED HOURS
The hours for Premium Time (PT) set forth in the PEW, Attachment L-4 are estimated hours and may vary during performance.
Section C - Descriptions and Specifications
SECTION C - TEXT
All applicable clauses under the basic Field Training Systems Support (FTSS V) Contract Section C are hereby incorporated with the same force and effect as if they were provided in full text. Clauses that appear herein are either additional in nature, contain Task Order (TO) level information, supersede clauses in the basic contract, or are included for emphasis.
C.1 PERFORMANCE WORK STATEMENT (PWS)/TECHNICAL DATA
a) The specific requirements, supported commands and performance locations of this TO are identified in Section J, Attachment 2, Performance Work Statement for Contractor Operations and Maintenance Services (COMS): (Addendum A, Supplemental Addendums AA, AB, AC and related Appendices).
b) Technical Data and Information requirements (DD Forms 1423) of this TO are identified in Section J, Exhibit A.
CLAUSES INCORPORATED BY FULL TEXT
CTXT.204-9505 SYSTEM AUTHORIZATION ACCESS REQUEST NAVY (SAAR-N) REQUIREMENTS
FOR INFORMATION TECHNOLOGY(IT) (NAVAIR) (NOV 2023)
(a) Contractor personnel assigned to perform work under this contract may require access to Navy Information Technology (IT) resources (e.g., computers, laptops, personal electronic devices/personal digital assistants (PEDs/PDAs), NMCI, RDT&E networks, websites such as MyNAVAIR, and Navy Web servers requiring Common Access Card (CAC) Public Key Infrastructure (PKI)). Contractor personnel (prime, subcontractor, consultants, and temporary employees) requiring access to Navy IT resources (including those personnel who previously signed SAAR DD Form 2875) shall submit a completed System Authorization Access Request Navy (SAAR-N), OPNAV 5239/14 (Jul 2008) form or latest version thereof, and have initiated the requisite background investigation (or provide proof of a current background investigation) prior to accessing any Navy IT resources.
The form and instructions for processing the SAAR-N form are available at:
https://www.nre.navy.mil/media/document/opnav-523914-system-authorization-access-request-navy-saar-n-form.
Instruction Note: SAAR-N forms are required to be downloaded and then completed. The "E-MAIL SUBMIT" button on the SAAR-N form is not to be used.
(b) SAAR-N forms will be submitted to the Government Sponsor or Technical Point of Contact (TPOC) via the contractor's Facility Security Officer (FSO). The designated SAAR-N Government Sponsor or TPOC for contractor employees requiring IT access, COR (See Attachment 4, CDRL/COR Addressee List) shall be responsible for signing and processing the SAAR-N forms. For those contractors that do not have a FSO, SAAR-N forms shall be submitted directly to the designated SAAR-N Government Sponsor or TPOC. Copies of the approved SAAR-N forms may be obtained through the designated SAAR-N Government Sponsor or TPOC.
Requests for access should be routed through the NAVAIR_SAAR-N.gm.fct@navy.mil mailbox.
(c) In order to maintain access to Navy IT resources, the contractor shall ensure completion of initial and annual IA training, monitor expiration of requisite background investigations, and initiate re-investigations as required. If requested, the contractor shall provide to the designated SAAR-N Government Sponsor or TPOC documentation sufficient to prove that it is monitoring/tracking the SAAR-N requirements for its employees who are accessing Navy IT resources. For those contractor personnel not in compliance with the requirements of this clause, access to Navy IT resources will be denied/revoked.
(d) The SAAR-N form remains valid throughout contractual performance, inclusive of performance extensions and option exercises where the contract number does not change. Contractor personnel are required to submit a new SAAR-N form only when they begin work on a new or different contract.
Section D - Packaging and Marking
SECTION D - TEXT
All applicable clauses under the basic Field Training Systems Support (FTSS V) Contract Section D are hereby incorporated with the same force and effect as if they were provided in full text. Clauses that appear herein are either additional in nature, contain Task Order (TO) level information, supersede clauses in the basic contract, or are
Section E - Inspection and Acceptance
SECTION E - TEXT
All applicable clauses under the basic Field Training Systems Support (FTSS V) Contract Section E are hereby incorporated with the same force and effect as if they were provided in full text. Clauses that appear herein are either additional in nature, contain Task Order (TO) level information, supersede clauses in the basic contract, or are included for emphasis.
E.1 INSPECTION / ACCEPTANCE
All CLINs are Inspected/Accepted by Government at Destination.
E.2 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN
The Quality Assurance Surveillance Plan (QASP) to the FTSS V basic contract is a Government developed and applied document used to ensure that systematic quality assurance methods are used in the administration of the FTSS V Multiple Award Contracts. The intent is to verify that the Contractor performs in accordance with task order Performance Work Statements and meets Acceptable Quality
Level (AQL) performance metrics, and that the Government receives the quality of services called for in the basic contract for this task order.
ETXT.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR) (OCT 2005)
(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by the site COR for inspection and by the Task Order Manager for acceptance.
(b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.
ETXT.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION
(NAVAIR) (FEB 1995)
Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO on the attachment to this contract Data Item Transmittal / Acceptance / Rejection (DIT) Form (See Attachment 7). The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.
ETXT.246-9517 CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR) (MAR 1999)
For the purpose of FAR Clause 52.232-25, "Prompt Payment", paragraph (a)(5)(i), Government acceptance shall be deemed to have occurred constructively on the 60th day after the contractor delivered the supplies or performed the services.
Section F - Deliveries or Performance
SECTION F - TEXT
All applicable clauses under the basic Field Training Systems Support (FTSS V) Contract Section F are hereby incorporated with the same force and effect as if they were provided in full text. Clauses that appear herein are either additional in nature, contain Task Order (TO) level information, supersede clauses in the basic contract, or are included for emphasis.
F.1 DESTINATION
All CLINs are FOB Destination.
LOT (as identified in the
PBW/PEW)
PERIOD OF PERFORMANCE
MOBILIZATION –FY24 2 Months 05/01/24 – 06/30/24
LOT I – FY24 Base Year 10 Months 07/01/24 - 04/30/25
LOT II – FY25 - Option 12 Months 05/01/25 - 04/30/26
LOT III – FY26 - Option 12 Months 05/01/26 - 04/30/27
LOT IV – FY27 - Option 12 Months 05/01/27 - 04/30/28
LOT V – FY28 - Option 12 Months 05/01/28 – 04/30/29
*Option to Extend Services 6 Months 05/01/29 – 6/30/29
Note: Options are at the task level within each CLIN for each FY marked “Option.”
*This task order may be extended IAW FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) of the basic contract for a period not to exceed 6 months.
F.2 DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS
DODAAC /
CAGE
See Att L-4 TBD See Att L-4 NAWCTSD N61340
FTXT.211-9507 PERIOD OF PERFORMANCE (NAVAIR) (MAR 1999)
(a) The contract shall commence on 1 May 2024 and shall continue 30 April 2029. However, the period of performance may be extended in accordance with the option provisions contained herein.
(b) If FAR Clause 52.216-18, “Ordering”, is incorporated into this contract, then the period in which the Government can issue orders under the contract will be extended at the exercise of an option, and extended to the end of that option period.
FTXT.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR) (FEB 1995)
Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A attached hereto, and the following:
(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.
Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the DD Form 1423.
(1) PCO, Code GT2600
(2) ACO, Code N/A
(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.
(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.
(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.
(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.
(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.
(g) DD Form 1423, Block 14 Mailing Addresses: See Attachment 4, CDRL COR POC List.
Section G - Contract Administration Data
SECTION G - TEXT
All applicable clauses under the basic Field Training Systems Support (FTSS V) Contract Section G are hereby incorporated with the same force and effect as if they were provided in full text. Clauses that appear herein are either additional in nature, contain Task Order (TO) level information, supersede clauses in the basic contract, or are
G.3 WAGE DETERMINATION PRICE ADJUSTMENTS (September 2022)
(a) As referenced in Section I, FAR Clauses 52.222-41 (Service Contract Labor Standards) and 52.222-43 (Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts)) price adjustments apply to this TO. Applicable Wage Determinations (WDs) and/or Collective Bargaining Agreements (CBA) are found at Attachment 3.
(b) For price adjustments paid under FAR 52.222-43, the Government will use a forecasting method to price the Price Adjustment based on the contractor’s written notice, related to the price impact, submitted per contract clause 52.222-43. This notice does not constitute a formal proposal or negotiation, merely the notification of an increase claimed as the result of new wage determination in accordance with FAR 52.222-43.
(c) The written notice regarding any increase shall be due no later than 45 calendar days following the implementation of the Applicable Wage Determinations and/or CBA after the exercise of a renewal option period. This clause supersedes the FAR 52.222-43(f) 30-day notice requirement. If the 45th calendar day falls on a weekend or holiday, the proposal shall be due on the next business day. With its notice, the contractor shall also submit the payroll records of actual hours worked during the 3 months prior to the notice submission due date, with at least one month for the year for which the adjustment is sought. Price adjustments shall be submitted by the contractor using the Price Adjustment Calculation Tool Guide found at Attachment 9. The Government will use this data to forecast the option period and any remaining future option periods.
(d) At a minimum, the contractor shall notify the PCO, in writing, of any increase claimed as the result of any adjustments no later than the date identified in (c) above. Failure to submit this written notification on a timely basis will constitute a waiver by the contractor for price increases as the result of that year’s Adjustment for the renewal option period. The PCO will not, and/or does not intend to extend the 45-day notification period.
(e) For example, the FTSS V TO renewal options will be effective on 1 November of each year, then the notice required in (c) above is due on 15 December (or the next business day if that falls on a weekend). The three months payroll records included with the notice would be September, October, and November, with the November records reflecting the adjustment, if applicable. If the renewal option period on 1 November and notice is not provided until 2 January, then the contractor has waived the right to request an adjustment for that option period.
G.6 NOTICE OF EXISTING COLLECTIVE BARGAINING AGREEMENTS (CBAs)
(a) Reference is made to the Service Contract Act (SCA), 41 U.S.C. §§ 351-358, and Title 29 Code of Federal Regulations, Part 4, “Labor Standards for Federal Service Contracts.”
(b) The Act provides that a successor Contractor must pay wages and fringe benefits (including accrued wages and benefits and prospective increases) to service employees at least equal to those agreed upon by a predecessor contractor under Collective Bargaining Agreements (CBAs). The obligation applies independently to the base period and each subsequent option. See Attachment 3 for the current Area Wage Determinations and/or Collective Bargaining Agreements (CBAs).
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.
COMBO
(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.
Invoice 2 in 1
(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*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC TBD
Issue By DoDAAC N61340
Admin DoDAAC** N61340
Inspect By DoDAAC See Schedule
Ship To Code See Schedule
Ship From Code See Schedule
Mark For Code See Schedule
Service Approver (DoDAAC) See Schedule
Service Acceptor (DoDAAC) N61340
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC At Award
Other DoDAAC(s) At Award
(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.
Name Title Email Phone
Number Role
Samuel J.
Santiago
Program Manager samuel.j.santiago2.civ@us.navy.mil 407-380-4809 Acceptor
Martha Green TO Manager Martha.a.green.civ@us.navy.mil 407-380-4801 Acceptor Shannon Walyus PCO Shannon.l.walyus.civ@us.navy.mil 407-380-4628 View Only John K. Lina Contract Specialist John.k.lina.civ@us.navy.mil 407-380-4972 View Only Irene Davis Contract Specialist Irene.c.davis5.civ@us.navy.mil 407-380-4097 View Only CORs See Attachment 4 View Only
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item(s) See Attachment L-4 (RFP Attachment) or Attachment 1 (At Award) is/are incrementally funded. For this/these item(s), the sum of $TBD of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE
CONVENIENCE OF THE GOVERNMENT".
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph
(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.
The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or
(e) of this clause.
(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $-- TBD
(month) (day), (year) $---- TBD
(month) (day), (year) $---- TBD
(month) (day), (year) $---- TBD
GTXT.201-9500 TECHNICAL POINT OF CONTACT (TPOC) (NAVAIR) (APR 2022)
(a) The Technical Point of Contact (TPOC) for this contract is the Task Order Manager (TOM) as identified in Attachment 4.
(b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order.
Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO).
(c) The contractor may use this TPOC for technical questions related to the existing contract or order. Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System (CPARS), clarification of technical requirements, and statement of work inquires.
(d) The contractor shall immediately notify the PCO in writing if the contractor interprets any action by the TPOC to be a change to the existing contract.
GTXT.201-9501 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) (NAVAIR)
(APR 2022)
(a) The Contracting Officer has designated Contracting Officer’s Representative (COR) as noted in Attachment 4, CDRL_COR_POC List, as the authorized Contracting Officer's Representative (COR) to perform the following functions, duties, and/or responsibilities: FAR 42.302(a)(38) Ensure contractor compliance with contractual quality assurance requirements.
(b) The effective period of the COR designation is the period of performance of this Task Order.
GTXT.232-0001 PAYMENT INSTRUCTIONS (MAY 2023)
For Government Use Only
Contract/Order Payment Clause
Type of Payment Request
Su pp ly
Se rv ic e
C on st ru ct io n
Payment Office Allocation Method
52.212-4 (Alt I), Cost Voucher X X N/A Line item specific proration.
Contract Terms and If there is more than one ACRN Conditions— within a deliverable contract line Commercial Products item, the funds will be allocated in and Commercial the same proportion as the Services; amount of funding currently 52.216-7, Allowable unliquidated for each ACRN on Cost and Payment; the line item billed.
52.232-7, Payments Under Time-and- Materials and Labor- Hour Contracts
52.232-1, Payments, Navy X X N/A Line item specific by fiscal year.
252.217-7007, Shipbuilding If there is more than one ACRN Payments Invoice (Fixed within a deliverable line or (vessel repair and alterations) Price) deliverable subline item, the funds will be allocated using the oldest funds first. In the event of a deliverable line or deliverable subline item with two or more ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
52.232-1, Payments; Invoice X X N/A Line item specific proration.
52.232-2, Payments If there is more than one ACRN Under Fixed-Price within a deliverable line item or Research and deliverable subline item, the Development funds will be allocated in the Contracts; same proportion as the amount 52.232-3, Payments of funding currently unliquidated
Under Personal for each ACRN on the deliverable Services Contracts; line or deliverable subline item for 52.232-4, Payments which payment is requested.
Under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments Under Communication Service Contracts With Common Carriers st ru ct
52.232-5, Payments Under Fixed-Price Construction Contracts
Construction Payment Invoice
N/A N/A X Line item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds first. In the event of a deliverable line or deliverable subline item with two or more ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
52.232-16, Progress Progress X X N/A Contract-wide proration.
Payments Payment* Funds shall be allocated in the (excluding contracts same proportion as the amount with multiple lot of funding currently unliquidated progress payments) for each ACRN. Progress payments are considered contract level financing, and the “contract price” shall reflect the fixed-price portion of the contract per FAR 32.501-3.
52.232-16, Progress Payments;
252.232-7018, Progress Payments— Multiple Lots
Progress Payment*
X X N/A Lot-wide proration (applies to lots specifically identified in the contract).
If there is more than one ACRN within a lot, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the lot for which payment is requested.
See PGI 204.7108 paragraph (c) for multiple lot CLIN structure.
st ru ct
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services;
52.232-30, Installment Payments for Commercial Products and Commercial Services
Commercial Product and Commercial Service Financing*
X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2).
52.232-32, Performance-Based Payments
Performance- Based Payments*
X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.1007(b)(2).
252.232-7002, Progress Payments for Foreign Military Sales Acquisitions
Progress Payment*
X X N/A Allocate costs among line items and countries in a manner acceptable to the administrative contracting officer.
*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial product and commercial service financing).
GTXT.242-9511 CONTRACT ADMINISTRATION DATA (NAVAIR) (NOV 2017)
(a) Contract Administration Office.
(1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to:
NAWCTSD. Per DCMA this work falls under the DFARS 242.202(a)(i)(G) and has been declined by DCMA as of 4 August 2021.
(b) Special Instructions (see FAR 42.202(b) and (c)):
(1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)):
Functions Retained Retained for Performance By:
All Functions other than FAR 42.302(a)(5), (a)(9), (a)(11), (a)(12)
PCO
FAR 42.302(a)(38), (40), (44) & (46) COR
(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):
Additional Functions Retained for Performance By:
N/A N/A
(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.
Section H - Special Contract Requirements
SECTION H - TEXT
All applicable clauses in the basic FTSS V Contract Section H are hereby incorporated with the same force and effect as if they were provided in this Task Order. Clauses that appear herein are either additional information or clauses that contain Task Order (TO) specific information. Section H clause numbering below corresponds with FTSS IV Basic clauses. Clauses that appear herein are either additional in nature, contain Task Order (TO) level information, supersede clauses in the basic contract, or are included for emphasis.
H.8 SERVICE CONTRACT LABOR STANDARDS - WAGE DETERMINATIONS & CBAs (September 2021)
(a) Attached to the Task Orders may be Wage Determinations and/or Collective Bargaining Agreements (CBA) made by the Department of Labor pursuant to the Service Contract Labor Standards Statute and Section 4.6 of title 29 of the Code of Federal Regulations (CFR). No person employed in the performance of a task order issued under this contract shall be paid less than the minimum monetary wages or be given less fringe benefits than those set forth in said determinations/CBAs.
(b) Each fiscal year, the Government intends to incorporate new wage determinations and/or CBAs into the task orders as provided for by Section 4.6 of 29 CFR. If, as a result of the new Wage Determinations and/or CBA, the Contractor must increase the wages or fringe benefits of employees working on these task orders, the contract's FFP for the instant fiscal year and all options will be adjusted to reflect such increases, subject to the requirements of G.3 of the basic MAC award. The adjustment will be limited to the increases provided for in the Wage Determination and/or CBA and the concomitant increases or decreases in the social security, unemployment taxes, and workmen's compensation insurance. The adjustment shall not include any amount for general and administrative costs, overhead, or profits.
H.9 AWARDING/EXERCISING TASK ORDER OPTION LINE ITEMS (September 2021)
(a) In accordance with FAR 52.217-9 the Government may unilaterally exercise its option for any Task Order
CLIN(s) or Task(s) designated as an option in Section B, to include selecting the Task level for items with optional levels of support (stepladders). Such option may be exercised at any time by issuing a Task Order modification not later than the last day of the then current performance period. The Government may exercise an option for any Task Order CLIN(s) or Task(s) not withstanding that the specific CLIN(s) or Task(s) was not exercised in the prior option period. CLIN(s) or Task(s) not exercised in one performance period are not considered permanently deleted unless the Task Order Modification exercising an option also cites H.14 of the basic MAC award, its authority for permanently deleting CLIN(s) or Task(s). A 30-day written preliminary notice of intent to exercise will be given before the task order expires. Any option may be exercised subject to the Availability of Funds Clause in Section I.
(b) Prices set forth in Section B for the options exercised will be the fixed prices (both the unit and total price) that are established from the Task Order Price Breakout Worksheet (Attachment 1) with the corresponding task that is exercised for that option period.
(c) Changes to Stepladders – For a change in level of support within optional priced stepladders, the Government may unilaterally change the level of support requested, if a 60-day written advance notice is provided to the contractor. A shorter period for specific changes may be agreed upon in a bilateral agreement.
H.14 POTENTIAL FOR DELETING OF SUPPORT FOR TRAINING DEVICES (September 2021)
(a) Pursuant to the Changes Clause of this contract, the Government may desire to temporarily remove or permanently delete Contractor support for any training device(s) that are priced on a firm fixed-price basis under an awarded task order (TO) due to changes in Government requirements. The costs resulting from deletion of Contractor support, if any, shall be included by the contractor in the TO in accordance with the procedures set forth herein.
(b) The contractor understands and agrees that the recurring costs resulting from permanently deleting Contractor support for a device(s) are anticipated to be contained in a separate CLIN within a TO, e.g., Site Management, and that when the Government effects a deletion of Contractor support for a device(s) the unit of quantity shall be modified as appropriate and any remaining funds for that CLIN, SLIN or Task may be de-obligated from the TO as necessary. Recurring costs are defined as those costs that cannot be allocated to a specific training device (for example, may include corporate program costs, Site Managers, shift supervisor hours not associated with execution of maintenance tasks, administrative costs, and other related core-maintenance fixed costs associated with operating a site). In the event a TO does not contain a separate CLIN for Site Management within which recurring costs have been included by the contractor, the government will consider requests for reallocation of recurring costs, on a case by case basis.
(c) The Government reserves the right, at its discretion, to permanently delete, temporarily suspend, or temporarily suspend and subsequently permanently delete Contractor support for a training device as follows:
a. Permanent Deletion - When permanently deleting a requirement for Contractor support for a training device(s), the Government will provide notification of the deletion at least sixty (60) days prior to the effective date of the deletion. Once effective by issuance of a Task Order Modification, a permanent deletion of a requirement for Contractor support for a training device(s) will also result in deletion of Contractor support for that device(s) during all remaining option periods. Should the Government elect to add a previously deleted training device at a later date, it will be considered a new device, and will be subject to negotiation of new terms and pricing.
b. Temporary Suspension – Removal of a training device from contractor responsibility on a temporary basis may be undertaken for a variety of reasons including, but not limited to, trainer changes and modifications. The intent of Temporary Suspension is to return the device to contractor support at a later date. The duration of a Temporary Suspension will only be in increments of whole months. A Temporary Suspension may be accomplished at the individual task order level by any of the following methods at the government’s discretion:
i. Not applicable to this Task Order (TO).
ii. Continuing labor support on the suspended device - During the Temporary Suspension, the contractor will continue to be paid, to facilitate labor retention, at a reduced rate that equates to the monthly unit price (or task price if multiple tasks are established on the CLIN) less the value of the Supply Support. The contractor shall retain all training device support personnel for the suspended device during the Temporary Suspension period. Should support personnel not be maintained by the contractor during the Temporary Suspension period, the Government may equitably adjust the Temporary Suspension payment downward to account for the reductions in labor.
iii. Another method as negotiated by the PCO.
Training device Contractor requirements will remain in full force at the conclusion of the Temporary Suspension period. The Government will provide contractor notification, and the estimated duration of the Temporary Suspension, no later than thirty (30) days prior to the start date of the Temporary Suspension. The period of a Temporary Suspension may be lengthened or shortened, at the Government’s discretion, by contractor notification, no later than thirty (30) days prior to the start date of the change. At the conclusion of the Temporary Suspension, the contractor shall resume Contractor support at the previously contracted terms and pricing.
c. Temporary Suspension Converted to Permanent Deletion – At the Government’s discretion a
Temporary Suspension may be converted to a Permanent Deletion. The terms and notification requirements in paragraph (c)(1) will apply to the Permanent Deletion.
(d) If an entire site closes or is taken out of service by the Government after TO award, the CLIN(s) or Task(s) for
Contractor support of device(s)and the CLIN for Site Management shall be modified as appropriate and any remaining funds for that CLIN, SLIN or Task may be de-obligated from the TO as necessary.
(e) Nothing in this clause shall relieve the contractor of meeting all other TO requirements.
The contractor understands and agrees other than the provisions contained in this clause, there will be no contractor entitlement to an equitable adjustment arising under, or related to, the TO due to temporary suspension or permanent deletion of Contractor support for any training device(s).
HTXT.217-9507 OVER AND ABOVE WORK REQUESTS (NAVAIR) (OCT 2005)
(a) These procedures apply when the contractor identifies needed repairs that are over and above the requirements of the contract and recommends corrective action during contract performance in accordance with DFARS 252.217- 7028, "Over and Above Work".
(b) The contractor shall prepare and submit the applicable Over and Above Work Request (OAWR) Form, Attachment 6 to this contract to the PCO via the COR, for authorization to proceed. The contractor shall use the OAWR to describe the over and above work that needs to be performed, including any parts and materials, in such detail as necessary to permit a thorough evaluation. The contractor shall attach competitive subcontractor quotes, or, if such quotes are not available, the contractor shall justify the total cost by specifying direct hours by labor category, as well as the type, quantity and cost of the material needed to perform the repair or replacement. The contractor shall also propose a schedule to complete the needed repair or replacement.
(c) The COR will review the OAWR submitted by the contractor, and then forward the form to the TOM with a recommendation of approval or disapproval, with one copy to the PCO. The COR will annotate the form with the reasons for the recommendation.
(d) The PCO shall take one of the following actions:
(1) Disapprove the OAWR. In this event, the OAWR will be returned to the contractor. A copy will also be provided to the COR.
(2) Authorize the OAWR. In this event, a modification (Standard Form 30) will be issued. Upon issuance of the modification, the contractor shall proceed with the repair or replacement effort.
(e) To the maximum extent practical, a FFP will be negotiated for this effort prior to the start of the work. In the event that the urgency of the effort does not permit the negotiation of an FFP, then the authorizing modification will establish not-to-exceed (NTE) prices. A sub-line item, under the OAWR line item, will be established to fund the effort. The Government is not responsible for any costs incurred by the contractor that exceed the NTE price established by the modification.
(f) Modifications to an OAWR will be effected by Standard Form 30.
(g) If the OAWR is issued on an NTE basis, the contractor shall promptly submit a proposal for the OAWR to the PCO. The PCO is responsible for negotiating a FFP for the OAWR and issuing an appropriate modification which establishes a FFP for that amount. The definitizing modification should include the following information:
(1) Reference to the OAWR and modification number and any later modification, which relates to that OAWR.
(2) The applicable ACRN and fund citation provided in the Accounting and Appropriation Data Block. Any excess funds are to be deobligated.
Section I - Contract Clauses
SECTION I - TEXT
All applicable clauses in the basic FTSS V Contract Section H are hereby incorporated with the same force and effect as if they were provided in this Task Order.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within any time period provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Grade Equivalent Monetary Wage-Fringe
Benefits* Data Base Administrator GS-09 $30.16
Tactical Coordinator GS-09 $30.16
Order Filler GS-04 $17.08
Secretary I GS-04 $17.08
Secretar…
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