N62645-19-R-0014_OFAMS_2.docx

N6264519R0014

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is N6264519R0014. The solicitation is issued as a request for quotes (RFQ). Provisions and clauses in effect through Federal Acquisition Circular 2005-95 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/. The NAICS code for this requirement is 541511, with a small business size of $25M.

The Naval Medical Logistics Command (NMLC) intends to negotiate a sole source contract under the authority of 41 U.S.C. 1901 with Optical Lab Software Solutions, Inc. to provide maintenance and extended support for Optical Fabrication and Management System (OFAMS) Lab software and hardware that is currently in operation at the Naval Ophthalmic Support and Training Activity (NOSTRA).

Attached is the solicitation the Government intends to issue a contract against to Optical Lab Software Solutions, Inc.

As a result, please provide the following:

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS FOR SUBMITTING A QUOTE:

Electronic Files. The quote shall be submitted via email to the following address: usn.detrick.navmedlogcomftdmd.mbx.matrix@mail.mil.

Electronic files shall not contain classified data. Each quote volume described below shall be prepared as a separate, single file clearly marked with the volume title. Do not use compressed file formats. Submissions shall be virus free.

The proposal shall be submitted in three separate volumes:

Volume I – Business Volume II – Price Volume III--Small Business Subcontracting Plan

A complete Volume II – Price; and Volume III-Small Business Subcontracting Plan shall be submitted no later than the closing date and time specified under “File Submission” below.

A QUOTE SHALL BE PREPARED AND SUBMITTED AS FOLLOWS:

VOLUME I: BUSINESS

The offeror shall be registered in the System for Award Management (SAM) database in accordance with FAR 52.212-3. The offeror shall verify its online representations and certifications are current, accurate, complete and applicable to this solicitation as of the date of its offer and are incorporated in its offer by reference. The offeror shall also be registered in SAM under the applicable NAICS code for this solicitation, 541511. Registration is free and can be completed on-line at https://www.sam.gov/portal/public/SAM/.

The offeror shall complete and return clause 52.209-11.

VOLUME II-Pricing

Pricing shall be submitted as an Excel workbook titled “Pricing Workbook for N62645-19-R-0014” (Attachment I). The pricing spreadsheet shall be completed in its entirety.

VOLUME III-Small Business Subcontracting Plan

Submission of a small business subcontracting plan is required. The subcontracting plan shall be in accordance with FAR Clause 52.219-9 and DFARS Clause 252.219-7003, including alternates and deviations (for reference, see FAR 19.704 and DFARS 219-704). The subcontracting plan requirement is not applicable to small business concerns qualified as such under the NAICS code assigned to this solicitation.

The Department of Defense (DOD) has established small business goals as an assistance to assure small business receives a fair proportion of DOD awards. The small business subcontracting goal for this requirement is 5% of the total contract value.

The Government recognizes that these goals are stated as a percentage of the total contract value for the small business participation plan; whereas, the goals included in the subcontracting plan (FAR Clause 52.219-9) are stated in terms of a percentage of total subcontract dollars.

(End of addendum)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

The following factors shall be used to evaluate the offeror:

Business Proposal: Will be evaluated as either complete or incomplete. Requirements are outlined in Addendum to 52.212-1.

Price: The Pricing volume will be examined to determine the degree to which the Total Price compares to the price a reasonable prudent person would expect to incur for the same or similar services. A price reasonableness benchmark will be established. The benchmark may be developed using any combination of the following factors: market research, current pricing, and the IGCE.

Small Business Subcontracting Plan: Will be evaluated as either acceptable or unacceptable and in accordance with FAR Clause 52.219-9 and DFARS Clause 252.219-7003.

(End of provision)

DELIVERY INFORMATION

30-MAR-2020

PAUL A. MCBRIDE

BLDG 1794, 160 MAIN RD,

SUITE 350 NWS

YORKTOWN VA 23691

757 887 4630 FOB: Destination N63439

30-SEP-2020

N63439

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Maintenance and Support Services

FFP

Maintenance and Support services for optical fabrication and management system in accordance with the PWS.

PSC CD: D308

NET AMT

FFP

Maintenance and Support services for optical fabrication and management system in accordance with the PWS.

PSC CD: D308

NET AMT

PERFORMANCE WORK STATEMENT

This requirement is for a service contract to include maintenance and extended support, for an Optical Fabrication and Management System manufactured by Optical Lab Software Solutions, Incorporated located at the Naval Ophthalmic and Training Support Activity (NOSTRA), Yorktown, VA. The system uses data supplied by Spectacle Request Transmission System (SRTS) and converts the data into a format that can be used for the production of eyewear.

Tasks:

1. Provide Extended Support, which shall include troubleshooting, database support, answering questions concerning use of OFAMS, reports, metrics, and operating system, at no additional charge to the Government. Server hardware and software are included.

Performance Standard: The contractor shall provide required support 95% of the time.

2. Provide Hot-Line Support Services. These services shall be provided during normal business hours (0630-1600 EST). The contractor will attempt to respond to hot-line calls within 15 minutes, but may take up to 120 minutes to respond.

Performance Standard: The contractor will provide the Hot-Line Services as stated above 95% of the time.

Provide Standard Maintenance support. The Contractor shall provide, as needed, maintenance during the contract performance period. This Standard Maintenance will include the following:

2.2. Establish a maintenance schedule and a to-do list configured to the requirements of NOSTRA’s System.

2.3. Prepare for and execute any required maintenance to the system to ensure that the system performs in accordance with system standards.

2.4. Provide a written report to NOSTRA of the current system conditions, work performed, required work to be performed during next maintenance including a forecast of required parts.

Performance Standard: The contractor shall perform all of the above tasks with an accuracy rate of 95%.

3. If there is a problem with the system that cannot be resolved by the Hot-Line Support System, NOSTRA will provide access to the system to the contractor via remote access. The contractor shall access the system, evaluate the situation, and either perform adequate adjustments or give directions to solve the problem.

Performance Standard: The contractor shall provide remote access assistance when necessary with a 95% accuracy rate.

SUPTXT204-9400(1-17) Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information

Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This text applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Command’s Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information Assurance Manager.

Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) or T5 or T5R equivalent investigation , which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N; therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the “supervisor”.

The SAAR-N shall be forwarded to the Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR’S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES

Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Contractor employees under this contract are recognized as Non-Critical Sensitive [ADP/IT-II] positions when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

· SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)

· Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

· Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Command’s Security Manager upon arrival to the command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command’s Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM); Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Command’s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative. Although the contractor will take JPAS “Owning” role over the contractor employee, the Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES

Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc. ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

· Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

· Must have a favorably completed National Agency Check with Written Inquiries (NACI) or T1 investigation equivalent including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must submit for all employees each of the following:

· SF-85 Questionnaire for Non-Sensitive Positions

· Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

· Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or T1 equivalent investigation, or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM

Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Purpose: To ensure that the Government has an effective and systematic method of surveillance for the services in the PWS. The QASP will be used primarily as a tool to verify that the contractor is performing all services required by the PWS in a timely, accurate and complete fashion.

1. Critical performance processes and requirements. Critical to the performance of maintenance services is the timely, accurate and thorough completion of all contract requirements.

2. Performance Standards

a. Schedule - The due dates for deliverables and the actual accomplishment of the schedule will be assessed against original due dates and milestones established for the contract.

b. Deliverables – The deliverables required to be submitted will be assessed against the specifications for the deliverables detailed in the contract for the required content, quality, timeliness, and accuracy.

c. Past Performance - In addition to any schedule, deliverables, and cost aspects of performance discussed above, pursuant to FAR 42.15, the Government will assess the contractor’s record of conforming to contract requirements and to standards of good workmanship, the contractor’s adherence to contract schedules including the administrative aspects of performance, the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and the contractor’s business-like concern for the interest of the customer.

3. Surveillance methods: The primary methods of surveillance used to monitor performance of this contract will include, but not be limited to, random or planned sampling, periodic or inspection, and validated customer complaints.

4. Performance Measurement: Performance will be measured in accordance with the following table:

If performance is within acceptable levels, it will be considered to be satisfactory. If not, overall performance may be considered unsatisfactory.

Incentives/Disincentives:

The COR’s makes an annual report on Contractor Performance. 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. The contractor’s failure to achieve satisfactory performance under the contract/task order may result in the non-exercise of available options.

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 replace or correct work that fails to meet contract requirements.

COR INFORMATION

The Contracting Officer’s duly authorized representative, the Contracting Officer’s Representative (COR), will perform inspection and acceptance of services to be provided.

For the purpose of this clause, Mr. Ernest B. Walters, (757) 887-4261, email: ernest.b.walters.civ@mail.mil is the authorized representative of the Contracting Officer.

Inspection and acceptance will be performed at the assigned locations according to the Performance Work Statement (PWS).

CONTRACT ADMINISTRATION PLAN

1. Definitions.

1.1 Alternate Contracting Officer’s Representative (ACOR). In the absence of the Contracting Officer’s Representative (COR), the Government official appointed in writing by the Contracting Officer who functions as the technical representative of the Contracting Officer for a specific contract, for a specified period of time.

1.2 Bureau of Medicine and Surgery (BUMED). The Department of the Navy command responsible for all Navy medicine healthcare and research initiatives.

1.3 Commanding Officer. The senior Officer that has ultimate responsibility for the operation of the local activity.

1.4 Contracting Officer. The Government official at the Naval Medical Logistics Command with the actual authority to enter into, administer, and/or terminate contracts and make related determinations and findings on the behalf of the Government.

1.5 Contracting Officer’s Representative (COR). The Government official appointed in writing by the Contracting Officer who functions as the technical representative of the Contracting Officer under the contract. For Indefinite Delivery and Indefinite Quantity contracts, CORs will be appointed for each task order in addition to an overall contract COR.

1.6 Contractor. The organization identified as the contractor/offeror on the Standard Form 1449 and its employees who are providing services under the contract.

1.7. Defense Contract Audit Agency (DCAA). The Government office responsible for performing all necessary contract audits for the Department of Defense. DCAA also provides accounting and financial advisory services regarding contracts and subcontracts.

1.8 Department Head. The Government official responsible for managing the operation of a distinct organizational division, office, or unit. The Department Head is subordinate to the Commanding Officer of the local activity.

1.9 Local Activity. The Naval Ophthalmic Support and Training Activity (NOSTRA).

1.10 Naval Medical Logistics Command (NMLC). The Department of the Navy command responsible for providing contract support for BUMED.

1.11 Technical Assistant (TA). The local activity representative who may be appointed by the Commanding Officer (or designated representative) to provide technical or administrative assistance to the COR. TAs may be assigned to assist and support the COR but will not be given the authority to provide any technical direction or clarification directly to the Contractor.

2. Responsibilities.

2.1 The Contracting Officer, Acquisition Management and Analytics Directorate (Code 05), Naval Medical Logistics Command will:

2.1.1 Perform all required pre-award actions including providing information or answering questions that arise during the solicitation period and as a result of Freedom of Information Act (FOIA) inquiries.

2.1.2 Review the Contract Administration Plan (CAP).

2.1.3 Verify that the individual(s) nominated to act as COR and/or ACOR have had the required training and the necessary experience. If the Contracting Officer determines that a nominee does not meet experience and training requirements, the Contracting Officer will request that the local activity nominate another individual.

2.1.4 Review the CAP prior to incorporation into the solicitation. This review will ensure that all contract administration functions are assigned, suit the specific circumstances of the contract and give due consideration to the type of contract, the place of performance, period of performance, and inspection and acceptance criteria stated in the solicitation/contract.

2.1.5 Include the COR duties contained in this Master CAP in the resultant solicitation/contract. Additional duties will be separately delineated within the contract, as appropriate.

2.1.6 Designate the paying office in the contract.

2.1.7 Appoint the COR and ACOR. COR and ACOR appointments will be completed through the DoD Contracting Officer’s Representative Tracking (CORT) Tool at: https://wawf.eb.mil.

2.1.8 Perform all contract administration duties of a Contracting Officer. Regular meetings between the Contracting Officer, the COR or the local activity Commanding Officer (or representative) will be held to discuss the status of and the performance under individual contracts. The format and frequency of these meetings will depend upon the size and complexity of the contract.

NOTE: All parties are specifically reminded that only the Contracting Officer has the authority to modify the terms of the contract. Therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any other person be effective or binding on the Government. When/if, in the opinion of the Contractor, any direction affecting the terms of the contract has been given by the COR or any other person, the Contractor shall promptly notify the Contracting Officer.

2.1.9 Evaluate reports of Contractor non-compliance and take appropriate action within 30 days of receipt. Copies of any correspondence regarding the results of such analyses will be provided to the local activity and the COR simultaneously with the action taken.

2.1.10 Arrange the post-award conference, if required. Invite necessary attendees. Ensure that the requirements of the contract and the COR’s duties are thoroughly discussed and understood. Ensure that all personnel involved understand current DoD Standards of Conduct policies.

2.1.11 Oversee the performance of CORs under the contract. Prompt action will be taken when COR (or alternate) is not performing properly.

2.1.12 Maintain the official contract file including modifications (and all back-up documentation).

2.1.13 Maintain the accuracy of this Master CAP throughout the life of the contract.

2.1.14 Maintain a list of all CORs under their authority. Periodically review the files and performance of these CORs in accordance with NAVSUPINST 4205.3 (series) and local policies.

2.1.15 Review the existing annual Contractor performance report prior to negotiating (if applicable) any task orders under the contract, extending the contract, or exercising any options under the contract.

2.2. The Commanding Officer of the Local Activity (or designated representative) will:

2.2.1 Establish policy guidance for the performance of services.

2.2.2 Provide overall direction for services at the activity.

2.2.3 Budget and provide funding for the contract.

2.2.4 Nominate (to the Contracting Officer) an individual to be appointed as COR (by name, title, organizational code and telephone number). This individual (augmented by the activity Department Heads) will also be the contract quality assurance monitor and lead technical advisor to the Contracting Officer and will be responsible for the technical interface needed during contract performance. An ACOR can be nominated to act in the absence of the COR, when needed, or to provide additional expertise. COR and ACOR nominations will be made through the DoD CORT Tool at: https://wawf.eb.mil. The local activity approval authority for the COR or ACOR nomination may be the nominee’s supervisor.

NOTE: COR duties cannot be delegated. The COR will be accountable for the actions of ACORs.

NOTE: Nomination of a new COR or ACOR as a result of reassignment, termination of employment, etc., will be made in accordance with the procedures outlined herein.

2.2.5 Ensure all individuals nominated as COR or ACOR have the necessary qualifications to satisfactorily perform the required duties and hold a position of responsibility commensurate with the complexity of the contract. All CORs must complete DAU CLC 106. In addition CORs should complete a Naval Supply System Command (NAVSUP) or BUMED approved COR training course (or DAU/DoD equivalents) prior to appointment under complex contracts.

2.2.6 Support and supervise the COR in the performance of his/her duties. If the Commanding Officer determines that assigned duties are not being performed in a satisfactory manner, immediate corrective action will be taken (including the recommendation to replace the COR if required). The Contracting Officer will be promptly notified of all actions taken. The local activity should consider COR performance in rating all individuals assigned COR functions.

2.2.7 Ensure that appropriate timely action is taken on all contract related correspondence received from either the Contracting Officer or COR. This includes the timely submission (to the Contracting Officer) of any requests for changes to the contract, deviations or waivers. An Independent Government Cost Estimate of the impact on contract price and the availability of additional funding (if required) must accompany all requests for changes to the contract. The Contractor’s price quote and the rationale for requesting the change shall accompany any changes proposed by the Contractor. The Contractor’s price quote serves as a budgetary estimate of the cost impact. The local activity will also provide input as to technical acceptability of proposed contract language changes.

2.2.8 The local activity Commanding Officer may appoint a TA to assist the COR in executing routine contract administration, monitoring and, surveillance duties. The appointment of all TAs must be in writing and must include the TA's responsibilities and limitations. A copy of this appointment letter will be provided to the Contracting Officer. Before appointment, the local activity will assure that all TAs have the appropriate training and experience. TAs must complete DAU CLC 106 prior to appointment. A sample TA appointment letter is located on the NAVSUP Contracting Knowledge Site (CKS) at: https://www.navsup.navy.mil/cks/reference_library/acquisition_reference_library/forms

2.3 The Contracting Officer's Representative (COR) will:

2.3.1 Notify the Contracting Officer in writing of any organizational or personnel changes affecting the CAP.

2.3.2 Attend both the pre-proposal and post-award conferences, if held.

2.3.3 Upon receipt of the contract from the Contracting Officer, forward copies of documents to staff having administrative responsibilities for the contract.

2.3.4 Attend periodic meetings (as necessary) among the Contracting Officer, local activity and Contractor to discuss the status of and performance under the contract.

2.3.5 Avoid issuing any instructions that would constitute a change to the contract. The COR and Contractor shall not enter into any understanding, agreement, modification, or change order deviating from the terms of the contract which shall 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 Contracting Officer in writing. The Contractor shall not act unless the Contracting Officer has issued a written change to the contract. The COR will include, on all correspondence to the Contractor, a declination of authority statement as follows:

“I have neither the authority nor the intent to change the terms or conditions of this contract. This contract can only be changed by a written modification issued by the Contracting Officer. If you believe that I am requesting an effort outside the scope of this contract, promptly notify the Contracting Officer. Additionally, this shall not be construed as an authorization for new work or additional work not already contained in the contract.”

2.3.6 Perform as the technical interface between the Government and the Contractor for this contract. The COR will provide technical advice or clarification regarding the performance work statement and terms of the contract; milestones to be met within the general terms of the contract or specific subtasks of the contract. The COR is the point of contact through whom the Contractor can relay technical questions and problems to the Contracting Officer. The Contractor may also contact the Contracting Officer directly.

2.3.7 Coordinate/facilitate complete and timely approvals for work at Government facilities between the local activity and the Contractor. The COR will inspect the qualifications of each contract employee prior to submission to the local activity if required by the contract.

2.3.8 Monitor Contractor performance and progress under the contract. If potentially inefficient or wasteful methods are being used, the COR will take reasonable and timely action to alert the Contractor and the Contracting Officer. Furthermore, the COR will promptly advise the Contracting Officer of any observed continuous and/or substantial deficiencies in the Contractor's performance or other noncompliance with the terms and conditions of the contract. Section C or the Performance Work Statement of the contract includes the Quality Assurance Surveillance Plan to be used by the COR to monitor Contractor performance. Deviation from this surveillance plan is only permitted with the prospective approval of the Contracting Officer.

2.3.9 In accordance with procedures given in this CAP, promptly issue Contract Discrepancy Reports (CDRs) (Enclosure (1)) to the Contractor to document discrepant performance. The COR will always obtain the Contractor's response/rebuttal to the CDR, evaluate, with the affected Department Head, the acceptability of the response and promptly forward the CDR, Contractor response/rebuttal, and their recommendation to the Contracting Officer.

2.3.10 The COR will recognize that CDRs become official records within the contract file and that they have serious implications for overall contract management and relationships. CDRs will not be the first and only choice for communicating contract issues with the contractor and shall be implemented in accordance with the procedures given below within this CAP.

2.3.11 For serious contract performance deficiencies, or when less formal communications fail to resolve minor performance deficiencies, the COR will issue a CDR to the Contractor.

2.3.12 The COR will ensure that all inspection data is attached to the CDR. The Contractor cannot be expected to respond to performance deficiencies that are not clearly and specifically identified. A cover memorandum on the CDR should specify that the Contractor has three working days, or other appropriate deadline, to respond in writing to the COR. At the time the CDR is issued to the Contractor, the COR will provide a copy of the CDR to the Contracting Officer.

2.3.13 Upon return of the CDR package from the Contractor, the COR will review the Contractor’s comments and give careful, objective consideration to the facts and mitigating circumstances documented in the response. The COR will then make a final written determination and recommendation to the Contracting Officer on the acceptability of Contractor performance and note it on the CDR. The COR will state why the Contractor’s response does or does not have merit. The COR will prepare the determination, recommendation, and other statements as appropriate along with actions being requested of the Contracting Officer and as much additional documentation as required to support their conclusions and recommendations.

2.3.14 The COR will provide the above documentation along with actions being requested of the Contracting Officer and as much additional documentation as required to support their conclusions and recommendations to (1) the Contractor, and (2) the Contracting Officer.

2.3.15 The Contracting Officer will review CDRs and will advise the COR of the need for any further documentation.

2.3.16 Monitor and verify that services are provided in accordance with the performance work statement and terms of the contract. Keep accurate records of Contractor performance and compare these records with the Wide Area Work Flow (WAWF) invoice submitted by the Contractor. The COR will always use this information as a tool when evaluating Contractor invoices. Monthly Progress Reports should be compared with their corresponding contractor invoices to verify consistency between the two. The COR should review the acceptability of invoices by consideration of the following:

(a) Are there any performance issues?

(b) Are costs appropriate considering current progress of work?

(c) Are required reports up to date?

For cost reimbursement contracts or task orders, the COR’s review of invoices will be documented by completion of a Contractor Invoice Review Form (Enclosure (2)).

2.3.17 Notify the Contracting Officer of questioned costs or issues. As required, assist the Contracting Officer in resolving questioned costs or issues with the contractor.

2.3.18 Accept the services as the official Government representative.

2.3.19 Use appropriate methods for contract surveillance.

2.3.20 Understand contract invoicing requirements. The COR will ensure that all WAWF Invoices are processed in a timely manner so that prompt payment due dates are met. Prior to acceptance of a WAWF invoice, the processing official will obtain approval from the cognizant activity Department Head that the payment request is appropriate. This can be done by having the activity Department Head sign a DD250 (or provide an e-mail to the contractor) for uploading into WAWF with the invoice. When the WAWF invoice comes up in the WAWF system, the processing official can then see that approval has already been given by the activity Department Head.

2.3.21 Immediately alert the Contracting Officer of any unusual performance problems. If a corrective action plan is approved by the Contracting Officer, the COR will monitor the implementation and effectiveness of that corrective action plan. In uncertain situations, the COR will always seek advice from the Contracting Officer, as prudent, before acting.

2.3.22 Continually monitor the quantity of services provided under each CLIN/SLIN and (if applicable) task order. Advise the Contracting Officer if it appears that service quantities may be exhausted before the end of the performance period, or if quantities for services have been ordered but will not be received by the end of the performance period.

2.3.23 Perform administrative duties including maintaining files which support the actions performed as a COR. The COR will respond to all contract correspondence in a timely manner. Contract files will include a conforming copy of the contract, all modifications, a conforming copy of the Contractor’s Technical Proposal, all surveillance reports, each CDR (including the Contractor’s response/rebuttal), any contract-related correspondence, a contract log or COR diary, all telephone conversation and email records, meeting minutes, reports from Government subject matter experts, and Independent Government Cost Estimates.

2.3.24 If applicable, take the necessary steps to ensure that Government property furnished to the Contractor is provided in a timely manner and in proper condition for use. The COR will maintain both inventory and disposition records for all Government furnished property. This inventory/disposition file is coordinated with the Contracting Officer. The COR will ensure that the Contractor returns all Government furnished property or that Government furnished material has been reasonably consumed in the performance of work.

2.3.25 Read and comply with all applicable Standards of Conduct and Conflict of Interest instructions and procedures including annual financial interest filings.

2.3.26 Ensure that the Contractor receives copies of all regulations and/or directives considered appropriate to the services being provided.

2.3.27 Submit information detailing the Contractor's performance to the Contracting Officer. A statement indicating performance has been satisfactory along with your request to continue performance is required prior to exercising options under the contract. An annual report on the Contractor's performance will be required 30 days after the end of each performance period. A final report will be sent to the Contracting Officer within 60 days after completion of the contract. The final report will contain a conclusive statement describing the Contractor's overall performance and an evaluation on the accountability of Government property furnished to the Contractor. An addendum report may also be required. Format for the report will be in consonance with the Contractor Performance Assessment Reporting System (CPARS) and is provided at Enclosure (3). If the COR is responsible as the assessing official to complete the CPARS assessment, then that assessment may take the place of the annual report on contractor performance. These reports are to be submitted to the Contracting Officer through the DoD CORT Tool at: https://wawf.eb.mil.

2.3.28 Perform other duties, particular to the contract, as may be incorporated into the contract document or as required by the Contracting Officer.

2.3.29 Generate monthly COR reports to the Contracting Officer and COR file. The report will address the status of contractor deliverables. Format for the monthly COR report is provided at Enclosure (4). The report is to be submitted to the Contracting Officer through the DoD CORT Tool at: https://wawf.eb.mil.

2.3.30 The COR and ACOR will self-nominate themselves through the DoD CORT Tool at: https://wawf.eb.mil. The CORT Tool should also be utilized to assist in the performance of the COR responsibilities.

2.4 Technical Assistant (TA). All requirements for TA duties are reported directly to the COR. At the direction of the COR, the TA will:

2.4.1 Perform surveillance and identify Contractor deficiencies.

2.4.2 Review contract deliverables, recommending acceptance/rejection, and providing the COR with the documentation to support all recommendations.

2.4.3 Assist the COR in the preparation of the final Contractor performance report using the format and procedures prescribed by the Contracting Officer.

2.4.4 Identify Contractor non-compliance with reporting requirements.

2.4.5 Evaluate Contractor proposals, identifying potential problem areas.

2.4.6 Provide to the COR (a) recommendations for revisions or clarifications to the performance work statement and terms of the contract and (b) recommendations for revisions to the CAP.

2.4.7 Provide detailed written reports of any trip, meeting, correspondence, telephone conversation, email or anecdotal conversation after any contact between the TA and the Contractor.

2.5 For cost reimbursement contracts or task orders - the Defense Contract Audit Agency (DCAA) will be responsible for audit verification/provisional approval of invoices and final audit of the contract prior to final payment to the contractor.

3. Contractor Performance Assessment Reporting System (CPARS)

3.1 A Contractor Performance Assessment Report (CPAR) is required annually and after contract completion. An addendum report may be used to record contractor performance relative to contract closeout or other administrative requirements.

3.2 The COR will provide an assessment of the contractor’s performance in CPARS.

3.3 The Contracting Officer will review the COR’s assessment in CPARS.

3.4 The contractor will have a 30-day period to respond to each CPAR.

Enclosures:

Enclosure 1 – Contract Discrepancy Report Enclosure 2 – Not Applicable Enclosure 3 – Contractor Performance Assessment Report Enclosure 4 – COR Monthly Report to the Contracting Officer

Enclosure 1 - Contract Discrepancy Report

CONTRACT DISCREPANCY REPORT

COR Findings:

COR (sign and date):

Contractor Response:

Contractor Project Manager (sign and date):

COR Determination/Recommendation:

COR (sign and date):

Contracting Officer Acknowledgement and Recommendation (sign and date):

Enclosure 2 – Not Applicable

Enclosure 3 – Contractor Performance Assessment Report

CONTRACTOR PERFORMANCE ASSESSMENT REPORT

Contractor Name and Address:

Company Name:

Street…