N6264520R0084 - Stryker FINAL.docx

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Attached to
Stryker Maintenance Federal contract opportunity
Solicitation number
N6264520R0084
Issued by
Department of the Navy Naval Supply Systems Command

About this file

This is a performance work statement for Stryker maintenance services at the Naval Medical Center Camp Lejeune. The contractor shall provide maintenance and repair services for Stryker equipment including 8 base systems, 26 camera heads, 8 insufflators, various scopes, and other items. The contractor must use original equipment manufacturer technicians to ensure warranty coverage and provide priority service response within 2 hours by phone and 24 hours on-site. The contractor shall perform preventative maintenance according to Navy schedules and maintain equipment specifications. The period of performance is from December 2020 through November 2021 with four optional one-year extensions. The contractor shall comply with all applicable federal acquisition regulations and HIPAA requirements.

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N6264520R0084

Section SF 1449 - CONTINUATION SHEET

ADMINISTRATIVE INFORMATION

***NOTE: PROPOSALS ARE NOT BEING REQUESTED AS A RESULT OF THIS SOLICITATION***

The point of contract for administrative concerns for this contract at Naval Medical Logistics Command, 693 Neiman Street, Fort Detrick, MD 21702 is Jacqueline Vitale, jacqueline.n.vitale.civ@mail.mil

Contracting Officer’s Representative (COR) To Be Determined At Contract Award

PERFORMANCE WORK STATEMENT

Performance Work Statement Naval Medical Center Camp Lejeune (NMCCL) Stryker Procare Support and Maintenance

Scope:

Naval Medical Center Camp Lejeune (NMCCL), NC requires technical support services for Stryker equipment utilized in general functionality of the Main Operating Room (MOR).

Background:

NMCCL’s MOR has a need for a support and maintenance contract for Stryker equipment. The service contract will be used to perform repairs and maintenance on all items included under the contract.

Requirements:

Only Original Equipment Manufacturer (OEM) authorized technicians are allowed to perform the maintenance/repairs in order to ensure the manufacturer’s warranty is not voided. Maintenance service contract must include the following – priority service response, unlimited service calls and repairs, replacement parts and shipping, labor and travel of service technicians, 24/7 technical support, software fixes and enhancements (upgrades), preventive maintenance (PM) and documentation for Joint Commission, annual inspections, and detailed field service report of findings. NMCCL requires that repair response time for service technician must be within two (2) hours via telephone after initial work order is placed an on-site response time must be within 24 hours after service technician makes initial contact. In addition, PM’s must be performed between the 1st and the 15th day of the month it is due. Equipment is to be maintained in accordance with the Navy’s preventive maintenance schedules established in the Defense Medical Logistics Standard Support (DMLSS) system; DMLSS preventive maintenance schedules have precedence over OEM preventive maintenance schedules.

1. General

1.1. Contractor shall comply with Federal, State, and Local Laws, plus any Federal Regulations as applicable to the performance of this contract.

1.2. Contractor shall not accept any instructions issued by any person employed by the U.S. Government, other than: the Contracting Officer (KO), or Biomedical Engineering Division (BME), all acting within the limits of their authority.

1.3. The Government maintains the right to seek proof of qualifications anytime during the contract period of performance.

1.4. Contractor shall contact NMCCL’s Main Operation Room Supply Office at (910) 450-4915 or via email at usn.lejeune.navmedcenclnc.list.nmccl-mor-supply@mail.mil from 0630-1600 Monday-Friday to complete any routine or emergent repairs prior to arrival.

1.5. Contractor shall contact NMCCL’s BME at (910) 450-4944 or via email at usn.lejeune.navmed.cenclnc.list.nmccl-bmet@mail.mil from 0730-1630 Monday-Friday to complete any routine or emergent repairs prior to arrival.

2. Scope of Work

2.1. The Contractor shall provide trained, experienced support personnel, as well as labor, tools, diagnostic equipment, software, material, and supplies necessary to perform the maintenance.

2.2 Contractor shall exercise individual repairs pre-approvals and 24/7 customer support and priority response times.

2.3. The Contractor shall provide telephone communications with the government to discuss technical matters relating to the performance of this contract. A systems operator will be made available to answer technical questions regarding system operations and applications.

2.4. Support services listed in this contract will be maintained to meet and retain the original manufacturer’s specifications/certification.

Serviced Equipment The equipment to be serviced, herein known as “Serviced Equipment” is as follows:

8 (qty) – SDC3 Base System 8 (qty) – PKG, 1588 AIM Camera Control Unit (CCU) 26 (qty) – PKG, 1588 AIM Camera Head with integrated coupler 8 (qty) – Pneumoclear Plus CO2 Conditioning insufflator (Americas) 1 (qty) – Stryker 2.3mm 30° Autoclavable Arthroscope with Speed-Lock™ 2 (qty) – Stryker 2.7mm 30° Autoclavable Stubby Arthroscope with Speed-Lock™ 2 (qty) – Stryker IDEAL EYES 4.0mm 70° Autoclavable Arthroscope, 14cm Working 8 (qty) – Stryker IDEAL EYES 4.0mm 30° Autoclavable Arthroscope, 14cm Working Length 7 (qty) – Stryker 5.0mm 0° IDEAL EYES Autoclavable, Full Screen, 30cm 7 (qty) – Stryker 5.0mm 30° IDEAL EYES Autoclavable, Full Screen 6 (qty) – Stryker 10.0mm 0° IDEAL EYES Autoclavable, Full Screen, (33cm x) 6 (qty) – Stryker 10.0mm 30° IDEAL EYES Autoclavable, Full Screen, (33cm) 8 (qty) – PKG, L10 LED Light Source with AIM 8 (qty) – PKG, Visionpro 26” LED display 3 (qty) - Styker Crossfire Consoles 6 (qty) – Stryker Formula® Shaver Handpieces (with Buttons) 8 (qty) – Operon D-Series Table 9 (qty) – Oris Intergration System 27 (qty) – Chromophare Light 18 (qty) – Teletom Boom

Location:

Naval Medical Center Camp Lejeune, 100 Brewster Boulevard, Camp Lejeune, NC 28547

3. Government furnished property, Materials and Services

3.1. The Contractor agrees to leave the equipment in good operating condition at the expiration of this contract. During the final week of this contract, the Government will make final inspection of the equipment. Any correction of deficiencies noted during this inspection shall be resolved prior to contract end.

4. SAFETY REQUIREMENTS: The Contractor shall take safety precautions as the COR or their designee may determine to be reasonably necessary to protect the lives and health of occupants of buildings in which work is being performed. The MTF shall notify the Contractor of any non-compliance with the foregoing conditions and the action(s) to be taken. Service vendors shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. If a field service engineer refuses to comply promptly, the COR may issue an order stopping all or any part of the work. Under such circumstances, the KO can hold the service vendor in contract default. Nothing in this section shall be construed so as to limit the Contractor or their sub-contractors responsibilities to comply with any existing law, nor to switch jurisdictions.

5. IDENTIFICATION, PARKING, SMOKING MTF REGULATIONS: Field service personnel shall wear visible photo identification at all times while on the premises of the MTF. It is the responsibility of the field service personnel to park in the appropriate designated parking areas. Information on parking is available from MTF Security personnel. Smoking is prohibited inside any buildings of the MTF. Possession of weapons, alcohol, or pharmaceuticals that are not over the counter and not prescribed to the individual/family is prohibited on the MTF premises. Enclosed containers, including tool kits, are subject to search. Violations of MTF regulations may result in citation answerable in the United States (Federal) District Court. Violation of any policy which results in lost time for Contractor or their sub-contractors is the sole responsibility of the Contractor, and shall not be charged to the government.

6. GENERAL LIABILITY INSURANCE: The Contractor shall be required to have liability insurance to cover any actions on the part of the Contractor or their sub-contractors which result in injury or death to patients, staff, visitors, or other Contractors. Such comprehensive form of policy shall provide coverage of at least $500,000 per occurrence (FAR 28.307-2).

7. PROPERTY DAMAGE LIABILITY INSURANCE: Service vendors are required to have Property Damage Liability coverage of at least $500,000.

8. MODIFICATIONS TO CONTRACT: Only the KO has the authority to obligate the government, and then only in writing. No modification or instruction from any party shall be construed to authorize the Contractor to take any action for which they expect compensation without written authorization from the KO.

9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Performance Objective Performance Standard Acceptable Quality Level Monitoring Method/Performance Assessment PWS Reference

Medical equipment essential to the healthcare delivery mission is properly maintained ensuring a safe environment of care for patients and staff alike.
Preventive maintenance for all medical equipment under this contract is completed on or before the scheduled date.
95% of all periodic, preventive maintenance is performed within 30 days of the due date.

100% of all periodic, preventive maintenance is performed within 60 days of due date.

Contractor service reports, DMLSS data sampling by COR, and random physical spot checks by BMET personnel.
Requirements; Serviced Equipment
Accurate and timely submission of information critical for effective program management and contractor performance evaluation.
Management Reports of previous month activity should be submitted NLT 15th of the following month.
100% completion of service reports related to equipment under contract. To include UTL, PM completion percentage, Awaiting Parts, and Operator Errors.
COR shall monitor date of receipt and completeness of service reports.
Requirements, 1.4, 1.5
Response time for corrective maintenance calls.
Telephone contact within 1 hour and on-site within 24 hours.
Contractor shall be compliant 95% of the time for both telephone and on-site responses.
COR shall review log of calls and verify response times via DMLSS documentation.
Requirements
Equipment critical to healthcare delivery is operational and available for use as required.
Equipment listed under Serviced Equipment in the PWS shall be fully functional.
Contractor shall guarantee an overall uptime for all equipment listed under Serviced Equipment in the PWS at or above 95%, based on a 6 month rolling average.
COR shall review DMLSS data for compliance.
Requirements; Serviced Equipment
Equipment post-service event status
Upon completion of each preventive maintenance visit and each corrective maintenance visit, field service personnel must submit a signed service report to the COR.
Contractor shall be compliant 95% of the time for providing signed service report to COR.
COR shall review DMLSS data, service log and service reports for compliance.
Requirements, 3.1
All work to be completed during normal work hours.
No work outside of established work hours.
100% completion of work during normal work hours.
COR shall review DMLSS data, service log and service reports for compliance.
Requirements, 1.3, 1.4, 2.2

9.1. Compliance with Applicable Laws: Contractor shall be knowledgeable of and comply with all applicable Federal, State, and local laws, regulations, and requirements regarding the conduct of their business.

9.2. Physical Security. The Contractor shall use commercially reasonable efforts to safeguard all Government property provided for Contractor use. The Contractor shall designate an individual and alternate(s) to receipt and account for Government-furnished facilities and equipment.

9.3. Government Right to Change Standard Operating Procedures. The Government reserves the right to establish and/or change Standard Operating Procedures which shall be binding on the Contractor, i.e., work order procedures, emergency and fire procedures, security procedures and power failures, upon reasonable advance notice to Contractor.

9.4. Independent Contractor. The services provided by the contractor are provided in the capacity of an independent contractor. The government will evaluate the quality of services for purposes of contract inspection and acceptance. The contractor shall be solely responsible for any and all liability caused by the acts or omissions of its agents or employees. The contractor shall not in any manner represent or infer that it is an instrumentality or agent of the United States Government. The contractor shall recognize that the Commanding Officer maintains administrative and operational responsibility for all activities within the Command and may take such actions as necessary to preserve and maintain the integrity of the Command, subject to the limitations prescribed by law and U.S. Navy Regulations.

10. GOVERNMENT-FURNISHED PROPERTY AND SERVICES.

10.1. Government Responsibility for Damage. The Government shall not be responsible, in any way, for damage to the Contractor’s stored supplies, material, or equipment; or to Contractor’s employees’ personal belongings brought onto the site.

10.2. Telephones. Government telephone facilities shall be made available to the Contractor for official business use only. This includes contacting manufacturers, suppliers, and government users. Access to outside lines and international calls may be restricted in accordance with MTF policy.

11. CONTRACTOR-FURNISHED ITEMS AND SERVICES.

11.1. Contractor shall furnish all supplies, materials, repair or replacement parts, tools, equipment software upgrading and labor necessary to efficiently and satisfactorily perform the requirements of this contract.

11.2. The Contractor shall protect all facilities from damage caused by the Contractor and shall repair, at no additional cost to the Government, all damages caused by the Contractor’s activities. During performance of services, Contractor shall keep the MTF site safe, neat, clean and orderly. Contractor shall be responsible for all means, methods, techniques, sequences, and procedures of the services. Contractor employees shall demonstrate appropriate behavior and dress at all times.

11.3. Contractor Supplies and Equipment. The Contractor supplies and equipment shall comply with Federal, State, municipal, and industry or OEM specifications

11.4. Two-way Radios & Cell Phones. The use of Contractor provided two-way radios and cell phones for communication between personnel must be approved by the Base Communications activity and may not be used in designated areas in the MTF and its branch clinics. Contractor shall submit a written request to use the radios to the COR. The request shall detail proposed equipment, operating frequencies, and other particulars in writing. The government shall not liable for any damages as a result of not permitting the use of radios within the facility.

11.5. The Contractor’s personnel shall comply with applicable DoD Information Assurance Policies as found in the Risk Management Framework section of this contract.

11.6. Contractors are required to maintain a Drug Free Workplace, as well as to require their sub-contractor to do the same.

CONTRACT ADMINISTRATION PLAN

CONTRACT ADMINISTRATION PLAN (CAP)

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 Department of Health Administration (DHA). The Department of the Navy command responsible for all Navy medicine healthcare 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 Military Treatment Facility (MTF), research activity, or other organization that falls under the cognizance of BUMED.

1.10 Military Treatment Facility (MTF). A Department of Defense (DoD) hospital or medical or health center where services may be required to be performed under this contract. The abbreviation, “MTF” includes all Branch Medical or Health Clinics, Medical Administrative Units, Branch Medical or Health Annexes and other subordinate clinical activities.

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

1.12 Research Activity. N/A

1.13 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 shall 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 Directorate (Code 05), Naval Medical Logistics Command shall:

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 shall request that the local activity nominate another individual.

2.1.4 Review the CAP prior to incorporation into the solicitation. This review shall 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 shall 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 shall be completed through the DoD Procurement Integrated Enterprise Environment (PIEE) 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 shall 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 shall 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) shall:

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) shall also be the contract quality assurance monitor and lead technical advisor to the Contracting Officer and shall 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 shall be made through the Procurement Integrated Enterprise Environment (PIEE)/ Joint Appointments Module (JAM) at: https://wawf.eb.mil/xhtml/unauth/home/login.xhtml. 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 shall be accountable for the actions of ACORs.

NOTE: Nomination of a new COR or ACOR as a result of reassignment, termination of employment, etc., shall 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 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 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 shall be taken (including the recommendation to replace the COR if required). The Contracting Officer shall 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 shall 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 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 shall be provided to the Contracting Officer. Before appointment, the local activity shall 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) shall:

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 shall 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 shall 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 shall take reasonable and timely action to alert the Contractor and the Contracting Officer. Furthermore, the COR shall 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 shall 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 shall recognize that CDRs become official records within the contract file and that they have serious implications for overall contract management and relationships. CDRs shall 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 shall 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 shall provide a copy of the CDR to the Contracting Officer.

2.3.13 Upon return of the CDR package from the Contractor, the COR shall review the Contractor’s comments and give careful, objective consideration to the facts and mitigating circumstances documented in the response. The COR shall 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 shall state why the Contractor’s response does or does not have merit. The COR shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall monitor the implementation and effectiveness of that corrective action plan. In uncertain situations, the COR shall 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 shall respond to all contract correspondence in a timely manner. Contract files shall 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 shall maintain both inventory and disposition records for all Government furnished property. This inventory/disposition file is coordinated with the Contracting Officer. The COR shall 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 shall be sent to the Contracting Officer within 60 days after completion of the contract. The final report shall 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 SPM 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 shall 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 SPM Tool at: https://wawf.eb.mil.

2.3.30 The COR and ACOR shall self-nominate themselves through the DoD JAM 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 shall:

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) shall 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 official representative 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 - Contractor Performance Assessment Report

Enclosure 1 - Contract Discrepancy Report

CONTRACT DISCREPANCY REPORT

Contract Number:
Contract Clause:
Date:

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 – Contractor Performance Assessment Report

CONTRACTOR PERFORMANCE ASSESSMENT REPORT

Contractor Name and Address:

Company Name:

Street Address:

Report Type: {Annual or Final or Addendum}

Period of Performance Being Assessed:

Contract Number:

Order Number:

Location of Contract Performance:

Program Title:

Contract Effort Description:

Key Subcontractor(s):

Contractor Name:

Effort Performed:

Contractor Name:

Effort Performed:

Evaluation Ratings Definitions (Excluding Utilization of Small Business)

Rating
Definition
Note
Exceptional
Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.
To justify an Exceptional rating, identify multiple significant events and state how they were of benefit to the Government. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.
Very Good
Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor was effective.
To justify a Very Good rating, identify a significant event and state how it was a benefit to the Government. There should have been no significant weaknesses identified.
Satisfactory
Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
To justify a Satisfactory rating, there should have been only minor problems, or major problems the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. A fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.
Marginal
Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.
To justify Marginal performance, identify a significant event in each category that the contractor had trouble overcoming and state how it impacted the Government. A Marginal rating should be supported by referencing the management tool that notified the contractor of the contractual deficiency (e.g., management, quality, safety, or environmental deficiency report or letter).
Unsatisfactory
Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.
To justify an Unsatisfactory rating, identify multiple significant events in each category that the contractor had trouble overcoming and state how it impacted the Government. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating. An Unsatisfactory rating should be supported by referencing the management tools used to notify the contractor of the contractual deficiencies (e.g., management, quality, safety, or environmental deficiency reports, or letters).

Evaluation Ratings Definitions (Utilization of Small Business)

Rating
Definition
Note
Exceptional
Exceeded all negotiated subcontracting goals or exceeded at least one goal and met all of the other negotiated subcontracting goals for the current period. Had exceptional success with initiatives to assist, promote, and utilize small business (SB), small disadvantaged business (SDB), women-owned small business (WOSB), HUBZone small business, veteran-owned small business (VOSB) and service disabled veteran owned small business (SDVOSB). Complied with FAR 52.219-8, Utilization of Small Business Concerns. Exceeded any other small business participation requirements incorporated in the contract, including the use of small businesses in mission critical aspects of the program. Went above and beyond the required elements of the subcontracting plan and other small business requirements of the contract. Completed and submitted Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate and timely manner.
To justify an Exceptional rating, identify multiple significant events and state how they were a benefit to small business utilization. A singular benefit, however, could be of such magnitude that it constitutes an Exceptional rating. Ensure that small businesses are given meaningful, innovative work directly related to the project, rather than peripheral work, such as cleaning offices, supplies, landscaping, etc. Also, there should have been no significant weaknesses identified.
Very Good
Met all of the negotiated subcontracting goals in the traditional socio-economic categories (SB, SDB and WOSB) and met at least one of the other socio-economic goals (HUBZone, VOSB, SDVOSB) for the current period. Had significant success with initiatives to assist, promote and utilize SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB. Complied with FAR 52.219-8, Utilization of Small Business Concerns. Met or exceeded any other small business participation requirements incorporated in the contract, including the use of small businesses in mission critical aspects of the program. Endeavored to go above and beyond the required elements of the subcontracting plan. Completed and submitted Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate and timely manner.
To justify a Very Good rating, identify a significant event and state how they were a benefit to small business utilization. Ensure that small businesses are given meaningful, innovative work directly related to the project, rather than peripheral work, such as cleaning offices, supplies, landscaping, etc. There should be no significant weaknesses identified.
Satisfactory
Demonstrated a good faith effort to meet all of the negotiated subcontracting goals in the various socio-economic categories for the current period. Complied with FAR 52.219-8, Utilization of Small Business Concerns. Met any other small business participation requirements included in the contract. Fulfilled the requirements of the subcontracting plan included in the contract. Completed and submitted Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate and timely manner.
To justify a Satisfactory rating, there should have been only minor problems, or major problems the contractor has addressed or taken corrective action. There should have been no significant weaknesses identified. A fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.
Marginal
Deficient in meeting key subcontracting plan elements. Deficient in complying with FAR 52.219-8, Utilization of Small Business Concerns, and any other small business participation requirements in the contract. Did not submit Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate or timely manner. Failed to satisfy one or more requirements of a corrective action plan currently in place; however, does show an interest in bringing performance to a satisfactory level and has demonstrated a commitment to apply the necessary resources to do so. Required a corrective action plan.
To justify Marginal performance, identify a significant event that the contractor had trouble overcoming and how it impacted small business utilization. A Marginal rating should be supported by referencing the actions taken by the government that notified the contractor of the contractual deficiency.
Unsatisfactory
Noncompliant with FAR 52.219-8 and 52.219-9, and any other small business participation requirements in the contract. Did not submit Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate or timely manner. Showed little interest in bringing performance to a satisfactory level or is generally uncooperative. Required a corrective action plan.
To justify an Unsatisfactory rating, identify multiple significant events that the contractor had trouble overcoming and state how it impacted small business utilization. A singular problem, however, could be of such serious magnitude that it alone constitutes an Unsatisfactory rating. An Unsatisfactory rating should be supported by referencing the actions taken by the government to notify the contractor of the deficiencies. When an Unsatisfactory rating is justified, the contracting officer must consider whether the contractor made a good faith effort to comply with the requirements of the subcontracting plan required by FAR 52.219-9 and follow the procedures outlined in FAR 52.219-16, Liquidated Damages-Subcontracting Plan.

NOTE 1: Generally, zero percent is not a goal unless the Contracting Officer determined when negotiating the subcontracting plan that no subcontracting opportunities exist in a particular socio-economic category. In such cases, the contractor shall be considered to have met the goal for any socio-economic category where the goal negotiated in the plan was zero.

Assigned Rating

Evaluation Area
Prior Rating
Current Rating

Quality of Product or Service

Schedule

Cost Control (Not required for Firm-Fixed Price or Firm-Fixed Price with Economic Price Adjustment)

Business Relations

Management of Key Personnel (For Services and Information Technology Business Sectors only - Not Applicable to Operations Support)

Utilization of Small Business
Assessed by Contracting Officer
Assessed by Contracting Officer

Other Areas:

(1) {list}

(2) {list}

(3) {list}

Rating Support

Note: A factual narrative is required for all assessments regardless of rating. Each narrative statement in support of the area assessment must contain objective data.

Quality of Product or Service Narrative:

Schedule Narrative:

Cost Control Narrative (if applicable):

Business Relations Narrative:

Management of Key Personnel Narrative (if applicable):

Other Areas (1) Narrative:

Other Areas (2) Narrative:

Other Areas (3) Narrative:

COR Name:

Signature:

Date:

ECMRA

Navy Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

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