N6274224R3570_Amd0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

See Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

V 1 44

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

16C. DATE SIGNED

BY 11-Apr-2024

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N6274224R3570

X 9B. DATED (SEE ITEM 11)

29-Feb-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

11-Apr-2024

CODE

NAVFAC PACIFIC

GCSC/POS CONTRACTS BR (ACQ23)

258 MAKALAPA DRIVE STE 100

JBPHH HI 96860-3134

N62742 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6274224R3570

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES (REVISED)

A. The purpose of Amendment 0003 is to incorporate revisions to the solicitation as identified below. The proposal due date of 1 May 2024 at 2:00 PM HST remains unchanged.

B. The due date for submitting questions regarding the solicitation has changed from 03 April 2024 at 2:00PM HST to 12 April 2024 at 2:00PM HST.

C. The annex/sub-annex documents identified below have been revised and are replaced with the documents attached in their entirety. Changes to the Performance Work Statement (PWS) are annotated with a vertical line on the left hand border of the page and are indicated in track changes. All other PWS documents shall remain unchanged. A complete review of the PWS in its entirety, including those revised herein, is the responsibility of the offeror.

Annex 1502000 Facility Investment Section C – 1502000 Facility Investment

Annex 15030000 Facilities Services Section J – 1503000 Facilities Services

D. The following documents have been revised and are replaced with the documents attached in their entirety.

Existing documents shall be removed and replaced. Changes are annotated in red text.

JH-2 Indirect Rates and Incentive Fee Rate Ceilings

E. The following sections of the solicitation have been revised and are replaced with the documents attached in their entirety. Changes are annotated with a vertical line on the left hand border of the page and are indicated in track changes. Existing sections shall be removed and replaced.

1. Section A – Solicitation/Contract Form

2. Section G – Contract Administration Data

3. Section H – Special Contract Requirements

4. Section J – List of Documents, Exhibits and Other Attachments

5. Section L – Instructions, Conditions and Notices to Bidders

6. Section M – Evaluation Factors for Award

F. The following sections of the solicitation, as identified below, have been modified. A complete review of the solicitation in its entirety, including those revised herein, is the responsibility of the offeror.

1. Section I – Contract Clauses

2. Section K – Representations, Certifications and Other Statements of Offerors

G. Attachment JL-10, Questions and Answers, has been updated and incorporated to provide answers to questions 29-46. All questions received have been answered.

H. All other sections /attachments remain unchanged.

SECTION A - SOLICITATION/CONTRACT FORM

The following have been modified:

SECTION A

A.1 GENERAL OVERVIEW OF THE NAVY EXPEDITIONARY FORCES REGIONAL SERVICES

CONTRACT (NEFRSC) II

This contract, Navy Expeditionary Forces Regional Services Contract (NEFRSC) II is to provide various support services to Department of Defense components (e.g., Naval Mobile Construction Battalions (NMCB), Naval Expeditionary Combat Command Pacific (NECCPAC), Explosive Ordnance Detachment (EOD) Group One, Maritime Expeditionary Security Force, 7th and 9th Engineering Support Battalion (ESB), etc.). Support services will include conducting humanitarian assistance, civic assistance, construction projects, contingency efforts, supporting various exercises (e.g., Pacific Partnership, Balikatan, CARAT, etc.), and supporting other projects located at various locations in Southeast Asia, South Asia, and Oceania.

A.2 CONTRACT TYPE

This acquisition will result in a Cost-Plus-Incentive-Fee (CPIF), single award contract. The term of the contract will be a maximum of 102 months for both enduring and non-recurring services, and includes a 3-month Mobilization, 9-month Base Period, seven (7) 12-month Option Periods, 3-month Demobilization and one (1) 6-month Option to Extend Services period. The 3-month demobilization will be performed concurrent with full performance of the last exercised option period or the Option to Extend Services period, or earlier as directed. The Government has the option to extend the term of the contract in accordance with FAR 52.217-8, OPTION TO EXTEND SERVICES (NOV 1999) and FAR 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000). This procurement is solicited on an unrestricted basis utilizing full and open competition.

A.3 NAICS CODE

The NAICS code is 561210 Facilities Support Services. The size standard associated with NAICS 561210 is $47 million. This industry comprises establishments primarily engaged in providing operating staff to perform a combination of support services within a client's facilities. Establishments in this industry typically provide a combination of services, such as janitorial; maintenance; trash disposal; guard and security; mail routing; reception;

laundry; and related services to support operations within facilities. These establishments provide operating staff to carry out these support activities; but, are not involved with or responsible for the core business or activities of the client. Establishments providing facilities (except computer and/or data processing) operation support services and establishments operating correctional facilities (i.e., jails) on a contract or fee basis are included in this industry.

A.4 DESCRIPTION OF WORK

The outcomes to be achieved are to provide support services, including humanitarian assistance, civic assistance, construction projects, contingency efforts, supporting various exercises, and supporting other projects located at various locations in Southeast Asia, South Asia, and Oceania by this performance-based contract. The Performance Work Statement (PWS) includes the Facility Support Contract and Base Operations Support (FSC/BOS) services templates for the following Annexes:

• Annex 0100000 General Information

• Annex 0200000 Management and Administration

• Annex 0300000 Telecommunications Services

• Annex 0400000 Security Operations

• Annex 1000000 Supply and Material Management Services

• Annex 1400000 Lodging Support Services

• Annex 1500000 Facility Support

• Annex 1600000 Utilities

• Annex 1700000 Transportation

• Annex 1800000 Environmental

The Government reserves the right to acquire additional services at additional locations, within the scope of these annexes and areas included in, but not limited to, paragraph A.5 PLACE OF PERFORMANCE. Additional services will be incorporated into the contract in accordance with Section I – Contract Clauses. Items of work not covered by this contract but within the general intent are considered in the scope of this contract.

A.5 PLACE OF PERFORMANCE

The place of performance includes, but is not limited to, various remote sites within the following Detail Locations:

Philippines, Federated States of Micronesia (FSM), Commonwealth of the Northern Mariana Islands (CNMI), Papua New Guinea, and Palau. Contractor support must be scalable to meet the needs of various Department of Defense components in other locations spread out over different countries and provinces.

A.6 PERIOD OF PERFORMANCE

Description Performance Mobilization 3 Months Base Period (Full Performance) 9 Months Option Period 1 12 Months Option Period 2 12 Months Option Period 3 12 Months Option Period 4 12 Months Option Period 5 12 Months Option Period 6 12 Months Option Period 7 (Full Performance) 12 Months Demobilization (Concurrent*) 3 Months Option to Extend Services 6 Months Maximum Contract Term: 102 Months

* The 3-month demobilization will be performed concurrent with full performance of the last exercised option period or the Option to Extend Services period, or earlier as directed

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G

G.1 TECHNICAL DIRECTION

A. As provided by the contract provision, “CONTRACTING OFFICER’S REPRESENTATIVE (COR)”, performance of work under this contract is subject to the written technical direction of the COR, who shall be specifically appointed by the Contracting Officer in writing. “Technical Direction” means a directive to the Contractor that approves approaches, solutions, or refinements; fills in details or otherwise completes the general description of the work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instructions to the Contractor.

B. The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction which:

(1) Constitutes an assignment of additional work outside the PWS;

(2) Constitutes a change as defined in the Changes clause (FAR 52.243-2 CHANGES – COST

REIMBURSEMENT – ALTERNATE II (APR 1984));

(3) In any manner causes an increase or decrease in the total estimated cost or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract;

(5) Interferes with the Contractor’s rights to perform the terms and conditions of the contract, or;

(6) Authorizes the Contractor to incur costs in excess of the estimated cost or other limitations on cost or funds set forth in this contract.

C. All technical direction shall be issued in writing by the COR.

D. When, in the opinion of the Contractor, the COR or any other Government official other than the Contracting

Officer, requests efforts outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall take no action under such direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue.

G.2 CONTRACT ADMINISTRATION DATA

A. Identification of Procuring Contracting Officer and Administrative Contracting Officer

The Procuring Contracting Officer (PCO) and Administrative Contracting Officer (ACO) for this acquisition is:

Ms. Vanessa Menor Naval Facilities Engineering Systems Command, Pacific 258 Makalapa Drive, Suite 100 (CON23)

JBPHH, HI 96860-3134

Email: vanessa.l.menor.civ@us.navy.mil

Overall administration of the basic contract will be the responsibility of the PCO office. The PCO office is responsible for the contract in its entirety and possesses complete authority to modify the terms of the basic contract.

All correspondence for the basic contract shall be addressed to the PCO and shall include the contract number assigned.

The Contractor will be provided the names, addresses, and telephone numbers for designated Administrative Contracting Officers, and designated Contracting Officer’s Representatives (CORs).

B. Contracting Officer’s Representative (COR) for this contract will be provided upon contract award.

C. Invoices will be submitted to:

Naval Facilities Engineering Systems Command, Pacific 258 Makalapa Drive, Suite 100 (CON23)

JBPHH, HI 96860-3134

D. Note: Throughout NAVFAC policy, processes, and training, the term Performance Assessment Representative

(PAR) refers to anyone responsible for conducting assessments of a NAVFAC administered Facility Support Contract. The term PAR will be used in reference to any individual assigned as a Technical Point of Contact/Subject Matter Experts (TPOC/SME) to provide support to the COR, including as a collateral duty of other PWD or customer personnel, regardless of billet. All personnel assigned these duties must follow the guidance and direction provided to PARs.

G.3 SUBMISSION OF VOUCHERS AND REQUIREMENTS FOR APPROVALS

A. The Contractor shall submit payment requests and receiving reports using the Wide Area Work Flow (WAWF) online system in accordance with DFARS clause 252.232-7003, ELECTRONIC SUBMISSION OF

PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018).

B. Contractor shall submit vouchers once a month. Contractor shall segregate, accumulate and invoice costs of performance to the appropriate Accounting Classification Reference Number (ACRN) categories. Not later than 90 calendar days after performance, Contractor shall submit an interim voucher. Interim vouchers shall not include, adjustments to annual indirect rates, which will be ascertained at time of audit. The Contracting Officer may disallow charges older than 90 days.

Contractor shall voucher its incurred costs in accordance with FAR 52.216-7, ALLOWABLE COST AND PAYMENT (AUG 2018). The vouchers are public documents. The voucher shall contain a summary and an itemization by: CLIN, annex/sub-annex, technical specification item (and title), site location, and ELIN/Sub-ELIN.

Billing data shall show totals for each cost element. For cost reimbursable subcontracts, subcontractor invoices must contain the same format and level of detail specified for the prime. The following minimum detail is required at the annex/technical specification level, and the contract summary level unless otherwise directed by the Contracting Officer.

(1) Contract number and voucher number (numbered sequentially from “1”).

(2) Direct Labor: When requested by the Contracting Officer, Contractor shall make available, provide access to, or provide paper or electronic copies of regular and premium direct labor hours specifying labor category and labor hours used. Contractor shall provide an alphabetical listing by employee including: a record of time worked showing the name of the individual, labor classification for function performed, hours worked, hourly rate paid and total paid to each individual. Contractor’s accounting system must be able to provide timely substantiation for current labor charges, e.g. by individual daily job timesheets.

(3) Material/Subcontract/Equipment/Other Direct Costs: When requested by the Contracting Officer, provide detailed summaries for these costs. Contractor shall substantiate charges by either evidence of actual vendor payments or receipt of subcontractor invoice for such materials and shall include all cash and trade discounts, rebates, allowances, credits, salvage, commissions and other benefits. For equipment costs, Contractor shall categorize costs by rental equipment, leased equipment (operating and capital), and Contractor-owned equipment (expensed using an equipment usage rate). Contractor shall provide an explanation of the types of equipment utilized and the amounts billed. Contractor shall provide a list summarized for each vendor that shows the vendor's name, amount billed and date paid.

(4) Indirect Costs: Contractor shall identify indirect rates, application bases and amounts.

(5) Incentive Fee. Contractor shall identify the billed incentive fee separately.

(6) Travel and Relocation Costs: Contractor shall provide detail of current charges for each trip.

Contractor’s right to reimbursement of travel and relocation costs is subject to contract terms, travel regulations, and FAR Subpart 31.2.

G.4 NOTIFICATION REQUIRED UNDER LIMITATION OF FUNDS CLAUSE

FAR 52.232-22 LIMITATION OF FUNDS (APR 1984), incorporated by reference in Section I, is applicable to this contract. The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe the costs the Contractor expects to incur under the contract in the next 60 days, when added to all costs previously incurred, will exceed 75% of the estimated cost specified in the contract.

FAR 52.232-20 LIMITATION OF COST (APR 1984), incorporated by reference in Section I, is applicable to this contract. The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe:

A. For LIMITATION OF COST:

(1) The costs the Contractor expects to incur under the contract in the next 60 days, when added to all costs previously incurred, will exceed 75% of the estimated cost specified in the schedule; or

(2) The total cost for the performance of this contract, exclusive of any fee, will be either greater or substantially less than had been previously estimated.

NOTE: Notification requirement of LIMITATION OF COST are restated here for emphasis and to provide that notification requirements shall be provided for individual funding sources.

G.5 CONTRACT AUDIT OFFICE

The contract audits will be performed by:

Defense Contract Audit Agency (Address to be designated at time of contract award)

G.6 CONTRACTING OFFICER AUTHORITY

In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter, or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

G.7 INCENTIVE FEE CALCULATION AND PAYMENT

A. Maximum incentive fee rates proposed for both Prime and Cost Reimbursement Subcontractor(s) shall not exceed the incentive fee ceiling amounts proposed on Attachment JH-2. Incentive Fee for both the Prime and Cost Reimbursement Subcontractor(s) shall be proposed at the same rate. Joint Ventures shall propose the same incentive fee rate.

B. Each modification will contain a maximum incentive fee, which will be established by multiplying the total Modification Estimated Cost (less fee on all Cost Reimbursable Subcontractor’s cost at any tier, direct charged taxes, and any Joint Venture fees/mark-ups) by the incentive fee percentage proposed for that Modification, not to exceed the incentive fee ceiling rate proposed on Attachment JH-2. The incentive fee percentage proposed on the modification may be less than the incentive fee percentage on Attachment JH-2.

C. The incentive fee pool will NOT be adjusted for cost overruns or when the work has been completed at less than the total Estimated Cost. Adjustments to the incentive fee will be made for Modifications, which cause an increase or decrease to the “scope” of work. (Note: All rework will be non-fee bearing.)

D. For each incentive fee period, the Government will calculate the available incentive fee (or incentive fee pool) by developing a percentage based on the modification duration. In order to ensure the appropriate incentive fee is distributed over all evaluation periods, at least 40% of the potential incentive fee must be available for the final evaluation. The percentage of the available incentive fee may be set below 40% if the Contracting Officer determines that a lower percentage is appropriate in accordance with DFARS 216.405-2(1). Once the final evaluation has been completed, no less than 10% of the available incentive fee will be retained. Upon receipt of all required interim close-out paperwork, the retained fee will be released to the Contractor.

E. The Contractor will be given an incentive fee rating based on performance as measured against the elements incorporated in the Incentive Fee Plan (to be provided at the time of award).

F. The determination and methodology for determining incentive fee are unilateral decisions made solely at the discretion of the Government.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H

H.1 CONTRACTOR ACQUIRED EQUIPMENT COSTS

A. Contrary to FAR 52.245-1 GOVERNMENT PROPERTY (SEP 2021), unless authorized in writing by the

Contracting Officer, the Government wishes to avoid taking title to contractor-acquired equipment. The Contractor shall not treat any item as fully expensed (direct item of cost) unless that item is identified in its proposal as direct item of cost. Furthermore, the Contractor shall not incur costs associated with the acquisition or fabrication of any item of equipment to be treated as fully expensed (direct item of cost), whether as identified as such in its proposal or not, without prior written approval of the Contracting Officer.

B. The preferred accounting/billing method for contractor-acquired equipment is through depreciation or a use rate. The Government shall not assert any claim of title to any equipment expensed under the contract through depreciation or a use rate. Costs for contractor owned equipment and “capital lease” equipment (Capital lease is defined in Financial Accounting Standards No. 13) shall be accounted for and billed in accordance with FAR 31.205-11 (Depreciation) and applicable Cost Accounting Standards (CAS). Depreciation shall distribute the cost of the asset, less estimated residual value, over the estimated useful life of the asset in a systematic and logical manner. Costs for equipment acquired under an “operating lease” (as defined in Financial Accounting Standards No. 13) shall be accounted for and billed in accordance with FAR 31.205-36 (Rental Costs).

H.2 FABRICATION OR ACQUISITION OF NONEXPENDABLE PROPERTY

The contractor shall not fabricate nor acquire under this contract, either directly or indirectly through a subcontract, any item of nonexpendable property without written approval from the Contracting Officer. The equipment is subject to the provisions of FAR 52.245-1 GOVERNMENT PROPERTY (SEP 2021) incorporated by reference in Section I.

H.3 SECURITY REQUIREMENTS

A. The Contractor and its subcontractors shall comply with all security requirements specified in the contract as well as all activity security requirements. Upon request, the Contractor shall submit the name and address of all personnel hired for work on this contract, and questionnaires, and other forms as may be required for security clearances.

B. Contractor and subcontractor employees shall not disclose or cause to be disseminated any information concerning the operations of the activity which could result in or increase the likelihood of the possibility of a breach of the activity’s security or interrupt the continuity of its operations.

C. Disclosure of information relating to the services hereunder to any person not entitled to receive it, or failure to safeguard any classified information that may come to the attention of the Contractor or any person under his control in connection with work under this contract, may subject the Contractor, his agents or employees to criminal liability under 18 U.S.C. Sec. 793, “Gathering, Transmitting, or Losing Defense Information,” 18 U.S.C. Sec. 794 “Gathering or Delivering Defense Information to Aid Foreign Government” and 18 U.S.C. Sec.

798, “Disclosure of Classified Information”.

D. Deviations from or violations of any of the provisions of this contract requirement will, in addition to all other criminal and civil remedies provided by law, subject the Contractor to immediate termination for default and/or the withdrawal of the Government’s acceptance and approval of employment of the individuals involved.

E. Classified and/or politically sensitive material shall not be released without prior written consent of the

Contracting Officer, or as expressly stated in the Statement of Work. In the event the Contractor requires access to classified information during performance, procedures prescribed by FAR 4.4 for safeguarding classified information shall apply.

Note: FAR 52.204-2 SECURITY REQUIREMENTS (MAR 2021) incorporated by reference in Section I.

H.4 CONTRACTOR GENERATED AND/OR COLLECTED INFORMATION

A. Information generated and/or collected by the Contractor in the performance of this contract, in any media (e.g. electronic, paper, etc.), is considered to be Government owned and must be returned to the possession of the Government upon termination of Contractor’s services or at the completion of the contract whichever occurs first. This shall include, but not be limited to any statements of work, performance work statements, data collected concerning facility/utility usage, data collected concerning consumption of materials and supplies, logs and records, maintenance records, inventories, databases, Standard Operating Procedures (SOP), drawings.

B. The Government shall have unrestricted access to the Contractor’s management information systems (MIS).

H.5 INDIRECT RATE(S) AND INCENTIVE FEE RATE CEILINGS

The indirect rate(s) and incentive fee rate ceilings as detailed in Indirect Rates and IncentiveAward Fee Rate CeilingsSubmission Maximum (Ceiling) Indirect Rates, Section J, Attachment JH-2, will be incorporated into the contract and establish ceiling rates for the Contractor’s indirect rate pools. Any amount incurred by the Contractor above the ceiling rate shall be unallowable unless otherwise authorized by the Contracting Officer. The ceiling rates represent the maximum indirect rates that may be charged on any effort performed under the contract. Should actual indirect rates experienced during performance of the contract be lower than those shown on Attachment JH-2, the actual rates will be charged. The Procuring Contracting Officer will consider increases to indirect rate ceilings in the following types of circumstances: changes in law/statute (e.g., fringe benefit rate increase due to change in employer Social Security rate) or contractor accounting practice changes (e.g., G&A base changed from direct labor dollars to total cost input). The proposed Incentive Fee Percentage ceiling shall be effective for the Base Period, all subsequent Option Periods, and the Service Extension. The Incentive Fee Percentage ceiling shall remain constant and shall not fluctuate from period to period.

H.6 FINANCIAL MANAGEMENT

The Contractor shall establish a financial management program to effectively manage the contract. This program will ensure cost and workload data is current, accurate, complete, and available to authorized Government and Contractor representatives when needed.

Monthly Financial Tracking Report. At a minimum, a monthly financial tracking report shall be submitted to the Government no later than the tenth workday of the following month for the previous month's activities that includes, by annex/technical specification and fund source: (1) incurred costs (actuals and commitments), (2) funding, and (3) budget/cost variance analysis. The report shall also provide data for updating and forecasting contract fund requirements in total and at the annex/technical specification; planning and decision making on funding changes in the contract; and a time-phased budget baseline plan against which performance is measured. Additional requirements may be identified by the ACO, with a 30-day advance notice requirement to the Contractor.

H.7 AUTHORITY

(a) No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

(b) No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

(c) In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(1) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(2) A purported modification or change order issued by anyone other than the Contracting Officer;

(3) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(4) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

H.8 REIMBURSEMENT OF RELOCATION COSTS, HOME LEAVE/R&R, INCENTIVES, AND TRAVEL

COSTS FOR KEY PERSONNEL

Relocation: Relocation costs are costs incident to the permanent change of assigned work location (for a period of 12 months or more) of an existing employee or upon recruitment of a new employee. The Government will pay relocation costs for Key Personnel positions specified in [Annex 2, paragraph 2.7.1] only, provided costs are allowable in accordance with FAR 31.205-35. Government will not authorize/accept freight costs for transfer of automobiles. The household goods weight allowance shall not exceed a total of 500 pounds per authorized person.

Car rental is not an allowable cost in connection with relocation of Key Personnel. Government will not reimburse relocation costs (outgoing and return) for employees retaining or accepting employment with the offeror’s company/segment/affiliate etc., as such costs should be borne by the receiving contract/company/segment/affiliate, etc.

Leave/Home Leave/R&R: Allowable Paid leave is defined as time away from work by an employee for which the employee receives compensation, and is limited to sick time, vacation time, compensatory time and leave that is provided as an aggregate amount for use at the discretion of the employee for any of these same purposes.

Government will not reimburse any costs that are associated with Contractor authorized trips for Key Personnel taking “home leave.” Home leave is defined as a trip to a place of residence or origin (“hometown”) from which the traveler came after accepting work in a remote location outside of the U.S. The Government will not reimburse any costs associated with “R&R.” R&R is defined as “Rest and Recuperation” that allows employees paid leave away from areas designated as hostile or dangerous.

Bonus/Incentive Compensation: The Government will pay costs for performance bonuses and incentive compensation and other costs in addition to regular wages and salaries only provided such costs are allowable in accordance with FAR 31.205-6, Compensation for Personal Services.

Travel Costs: Government will pay travel costs for personnel on official company business only provided costs are allowable in accordance with FAR 31.205-46.

H.9 SUBSTITUTIONS OF KEY PERSONNEL

The Contractor shall provide complete resumes for proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 days after receipt of all required information of the consent on substitutes. No change in unit prices may occur as a result of key personnel substitution.

H.10 ENFORCEABILITY OF PROPOSAL

By submission of the proposal, the Offeror agrees that all items proposed (e.g., subcontractors, approach, key personnel, etc.) will be utilized for the duration of the contract and any substitutions shall require prior Contracting Officer’s approval. If there is any discrepancy between the language in the proposal and other language in the contract specifications/Performance Work Statement, the latter will control. If it becomes necessary for the contractor to change the method of performance as specified in its technical proposal in order to comply with the requirements in the contract specifications/Performance Work Statement, the contract shall be amended at the discretion of the Government to reflect the changes at no increase in target cost, unless the Government is in agreement and approves change in target cost.

H.11 ORGANIZATIONAL CONFLICT OF INTEREST

The restrictions described herein shall apply to the Contractor and its affiliates, consultants and subcontracts under this contract. If the Contractor under this contract prepares or assists in preparing a statement of work, specifications and plans, the Contractor and its affiliates shall be ineligible to bid or participate, in any capacity, in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor, subcontractor, consultant or in any similar capacity. The Contractor shall not incorporate its products or services in such statement of work or specification unless so directed in writing by the Contracting Officer, in which case the restriction shall not apply. This contract shall include this clause in its subcontractor's or consultants' agreements concerning the performance of this contract.

H.12 CONTRACTOR LICENSING AND HIRING REQUIREMENTS

Except to the extent provided otherwise in the Compact of Free Association (COFA), Subsidiary Agreements of the Compact of Free Association or the Status of Forces Agreement (SOFA), Contractors must be duly authorized to operate and conduct business in any host country and must fully comply with all laws, decrees, labor standards, and regulations of the host country during the performance of the contract. The United States has a number of international agreements with host nations, including a COFA and SOFA, and those agreements, including but not limited to provisions relating to employment preferences and use of local and U.S. contractors, as well as restrictions on hiring of third country nationals or utilization of third country contractors, must be complied with. Contractors are expected to familiarize themselves with the controlling international agreements and with the laws of host nations whether the United States Government provides notice of the existence of such requirements. The contractor will not be permitted use of third country personnel or contractors in the performance of this contract without a demonstration that reasonable efforts to employ citizens, nationals, and permanent residents of host nation and the United States, or contractors of the host nation and the United States, have been made and that wages competitive with or higher than those being paid for similar work performed in the host nation by citizens of the host nation or of the United States are being offered. Contractors shall not employee third country personnel or contractors without written notification of United States approval from the Contracting Officer.

H.13 ENVIRONMENTAL PERMIT COMPLIANCE

The contractor shall comply with environmental permits held by the host nation for the benefit of DoD even if the contractor is not named in the permit. The Contractor shall not assume that the United States holds permits in host nations. Contractor shall document general procedures and their implementation for compliance with permit conditions, Best Management Practices, and required mitigations. Contractor shall be responsible for any required corrective actions. Contractor shall provide permit compliance and corrective action documentation to the COR and any additional Government and Host Nation representatives as requested by the COR.

H.14 GREEN WASTE

Contractor shall submit a Green Waste Management Plan to the COR for government review and approval. If Rhinoceros Beetle (CRB) and/or Little Fire Ants (LFA) are present in the geographic area the plan must include a method of destruction that does not result in unacceptable impacts to air quality.

H.15 ENVIRONMENTAL BIOSECURITY

Invasive species can be inadvertently moved with equipment, materials, personal protective equipment, hand tools, foot traffic, vehicles, vessels, packing materials, etc. Invasive species can become pests and affect the economy, ecology, and human health. It is critically important to be aware of ways to prevent the movement of non-native invasive species and implement best management practices. The Contractor shall take all practicable measures to prevent introduction or spread of invasive species in association with contract performance, including movement of supplies, materials, equipment, etc. to and from islands/regions, as well as between locations on a given island/region. At a minimum, contractors shall comply with U.S. and host nation biosecurity laws and regulations, and shall perform routine self-inspections as directed by the Contracting Officer. If the contractor’s performance results in introduction or spread of invasive species, the contractor shall be responsible for taking appropriate measures, in consultation with appropriate authorities, to contain and prevent contract related spread of such species at no additional cost to the government. In addition, the Contractor shall:

A. Comply with all necessary inspections of supplies and equipment, and vehicles for invasive and pest species prior to entering of the project site and prior to moving equipment offsite. The Contractor is responsible for any cleaning or inspection fees. Invasive species can be inadvertently moved with supplies, material, equipment, personal protective equipment, hand tools, foot traffic, vehicles, vessels, and packing materials.

B. Conduct vehicle inspection and remove soil and other organic material as practicable to prevent the inadvertent movement of invasive species from the project site to other locations. Upon request by the Contracting Officer, the Contractor shall Include these details in a Hazard Analysis and Critical Control Point (HACCP) plan and environmental briefs.

1. Submit a biosecurity or HACCP Plan, prepared in accordance with USFWS HACCP Manual. The HACCP plan must address, as a minimum, the identification and control of invasive and non-native species in construction equipment and construction materials and supplies.

2. Implement and update the HACCP plan accordingly to reduce the risk of spreading invasive species. The HACCP development team should include at least two members, one member with biological expertise with invasive species and one member from the project team who has a clear understanding of the project activities and requirements. Contractor is responsible for training all personnel on the project specific HACCP requirements once the plan is approved by the Government.

3. The Contractor must compile all supporting documentation (e.g. reports, checklists and logs) required under their HACCP Plan and submit such documents to the Contracting Officer on a monthly basis. Once all HACCP plan activities are complete, bound hardcopies of the plan and all supporting documentation and submit to the Contracting Officer.

H.16 COMMUNICATION AND ENGAGEMENT WITH ROP GOVERNMENT REPRESENTATIVES

The Contractor is not an employee of the Government and shall not represent the Government in an official or unofficial capacity. The Contractor shall not communicate with Host Nation or Territorial governments, agencies, companies, or persons without prior written direction or authorization from the Contracting Officer or COR.

The government may share or direct the sharing of deliverables submitted as part of this contract with representatives of the Host Nation/Territory. The Contractor shall present information using language that is appropriate for potential review by persons external to DoD.

The Contractor shall demonstrate professional, respectful, and tactful behavior at all times when communicating or engaging with any persons associated with Host Nation/Territories and at all times when transiting to, from, and visiting Host Nation/Territories. All team members proposed by the Contractor to travel to Host Nation/Territories for the purposes of this contract must be approved by the Government prior to any travel.

The Contractor may be required to engage with local government representatives before, during, and/or after survey efforts as required by the agreements between the U.S. Government and the ROP Government. Engagement could also involve, but is not limited to, meeting with local government representatives before, during, and/or after survey efforts and allowing other government officials to provide oversight of surveys, as requested. U.S. Government representatives will commence all coordination efforts with local government representatives and continue coordination for as long as practicable. The Contractor’s local SMEs would then engage in direct communication with local government representatives where permission is granted and where direct coordination would be more efficient for all parties involved.

H.17 EXPLOSIVE REMNANTS OF WAR/MUNITIONS OF EXPLOSIVE CONCERN

The Contractor shall comply with Palau explosive remnants of war requirements, including site survey requirements and use of Palau-approved contractors.

H.18 COMMUNICATION AND ENGAGEMENT WITH FSM AND YAP GOVERNMENT

REPRESENTATIVES

The Contractor is not an employee of the Government and shall not represent the Government in an official or unofficial capacity. The Contractor shall not communicate with Host Nation or Territorial governments, agencies, companies, or persons without prior written direction or authorization from the Contracting Officer or COR.

The Government may share or direct the sharing of deliverables submitted as part of this contract with representatives of the Host Nation/Territory. The Contractor shall present information using language that is appropriate for potential review by persons external to DoD.

The Contractor shall demonstrate professional, respectful, and tactful behavior at all times when communicating or engaging with any persons associated with Host Nation/Territories and at all times when transiting to, from, and visiting Host Nation/Territories. All team members proposed by the Contractor to travel to Host Nation/Territories for the purposes of this contract must be approved by the Government prior to any travel. The Contractor shall engage with local government representatives before, during, and/or after survey efforts as required by the agreements between the U.S. Government and the Yap and FSM Government.

This engagement involves meeting with the Chief of the Yap Marine Resources Division and informing them of the dates, times and locations of all marine surveys, where requested, coordinating surveys to allow local oversight of marine resources surveys. Engagement could also involve, but is not limited to, meeting with other local government representatives before, during, and/or after cultural and terrestrial survey efforts and allowing other government officials join cultural and terrestrial resources surveys. The COR will commence all coordination efforts with local government representatives and continue coordination for as long as practicable. The Contractor local SMEs would then engage in direct communication with local government representatives where permission is granted and where direct coordination would be more efficient for all parties involved.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-30 Federal Acquisition Supply Chain Security Act Orders-- Prohibition.

DEC 2023

52.211-5 Material Requirements AUG 2000 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 (Dev) Price Reduction for Defective Certified Cost or Pricing Data--

Modifications (DEVIATION 2022-O0001)

OCT 2021

52.215-12 (Dev) Subcontractor Certified Cost or Pricing Data (DEVIATION 2022-O0001)

OCT 2021

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-26 Alt I Equal Opportunity (SEPT 2016) - Alternate I FEB 1999 52.222-50 Alt I Combating Trafficking in Persons (NOV 2021) Alternate I MAR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-13 Acquisition of EPEAT - Registered Imaging Equipment (Jun

2014)

JUN 2014

52.223-14 Acquisition of EPEAT -Registered Televisions JUN 2014 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer

Products

OCT 2015

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.232-36 Payment by Third Party MAY 2014 52.241-5 Contractor's Facilities FEB 1995 52.247-5 Familiarization With Conditions APR 1984 52.247-12 Supervision, Labor, or Materials APR 1984 52.247-14 Contractor Responsibility for Receipt of Shipment APR 1984 52.247-15 Contractor Responsibility for Loading and Unloading APR 1984 52.247-16 Contractor Responsibility for Returning Undelivered Freight APR 1984 52.247-17 Charges APR 1984 52.247-18 Multiple Shipments APR 1984 52.247-21 Contractor Liability for Personal Injury and/or Property

Damage

APR 1984

52.247-22 Contractor Liability for Loss of and/or Damage to Freight Other Than Household Goods

APR 1984

52.247-25 Government Furnished Equipment With or Without Operators APR 1984 52.247-27 Contract Not Affected by Oral Agreement APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-67 Submission Of Transportation Documents For Audit FEB 2006 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7003 Changes In Place Of Performance--Ammunition And

Explosives

DEC 1991

252.223-7009 Prohibition of Procurement of Fluorinated Aqueous Film- Forming Foam Fire-Fighting Agent for Use on Military Installations

FEB 2024

252.225-7006 (Dev) Acquisition of the American Flag (DEVIATION 2024- O0008)

MAR 2024

252.227-7025 Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends

JAN 2023

252.229-7011 Reporting of Foreign Taxes--U.S. Assistance Programs SEP 2005 252.234-7002 (Dev) Earned Value Management System (Deviation 2015-O0017) SEP 2015 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 (Dev) Reporting, Reutilization, and Disposal (DEVIATION 2022-

O0006)

NOV 2021

252.246-7001 Warranty Of Data MAR 2014 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.249-7002 Notification of Anticipated Contract Termination or Reduction

DEC 2022

The following have been added by full text:

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (JAN 2023) ALTERNATE I (JAN 2023)

(a) Definitions. As used in this clause--

Components means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

Department of Defense (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

Foreign-flag vessel means any vessel that is not a U.S.-flag vessel.

Ocean transportation means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

Subcontractor means a supplier, materialman,…