RFP DRAFT DLM FY24 9.18.23.docx

N6852024R0001

Section A - Solicitation/Contract Form

BLOCK 7 Continuation:

N68520 Contract Specialist:

Nancy Morris Nancy.t.morris.civ@us.navy.mil

N68520 Procuring Contracting Officer:

Jessica McGee jessica.L.mcgee14.civ@us.navy.mil

GENERAL INFORMATION

1. This solicitation is set-aside for the SBA 8(a) Program.

2. This Cost Plus Fixed Fee Indefinite Delivery Indefinite Quantity solicitation and resulting contract is subject to the Service Contract Act (SCA) of 1965, as amended with Term-form task orders issued for non-performance based level of effort to augment the United States Naval Aviation Depot level maintenance at Fleet Readiness Center Southeast (FRCSE). The following Wage Determinations are applicable for this effort:

3. The NAICS code for this effort is 488190 – Other Support Activities for Air Transportation of 35,000,000.

The Product Service Code (PSC) for the procurement is J017 – Maintenance, Repair, and Rebuilding of Equipment- Aircraft Launching, Landing, and Ground Handling Equipment.

Section B - Supplies or Services and Prices

B.1 CLIN SUMMARY

Contract Line Item Number (CLIN) 0001 is RESERVED

CLINs 0002 and 0004 are Cost Plus Fixed Fee (CPFF) type CLINs for “straight time” labor services identified in the SOW, Attachment (1) and NAVAIR clause 5252.211-9503 ALT I, Level of Effort (Cost Reimbursement) – Alternate I, Section C.

CLINs 0003 and 0005 are CPFF type CLINs for overtime labor services identified in the SOW, Attachment (1), and NAVAIR clause 5252.211-9503 ALT I, Level of Effort (Cost Reimbursement) – Alternate I, Section C.

CLIN 0006 is a Cost (No Fee) type CLIN for travel associated with the SOW, Attachment (1), on an as-needed basis.

CLIN 0007 is a Not Separately Priced (NSP) type CLIN for Data identified in the SOW, Attachment (1), and the Contract Data Requirements List (CDRL), Exhibit (A), inclusive of annexes.

B.2 MAXIMUM ORDERING CEILING

The cumulative level of effort total of all task orders awarded shall not exceed the a total amount of 3,473,780 hours.

B.3 STREAMLINED ORDERING PROCEDURES FOR COST PLUS FIXED FEE TERM LOE ORDERS

LOE Orders will be issued under this contract using the following streamlined ordering procedures:

(1) For each proposed order, the contracting officer will provide the contractor with a Statement of Work (SOW), Independent Government Cost Estimate (IGCE), period of performance, and place and manner of acceptance information (task order (TO) package). The IGCE is an estimate of labor hours by labor category utilizing the estimated and negotiated Composite Labor rates table to calculate the total estimated cost for the proposed TO. The TO fixed fee is calculated using Section H Clause 5252.232-9510 PAYMENT OF FIXED FEE (NAVAIR).

(2) These Composite rates are estimates, and invoicing will be based upon actual costs incurred. Ceiling for Other Direct Costs (ODC) will be priced in accordance with the Government estimate. TOs crossing multiple years will be estimated by the Government using the composite rates for each year in proportion to the period of performance of the TO.

(3) Within three (3) working days of receipt of the TO package, the contractor shall initially respond:

(i) If the contractor agrees that it can perform the requirement within the parameters of the TO package, the DD1155 will be prepared and sent to the contractor for acceptance to sign and return to the contracting officer. If the requirement remains valid, a fully executed priced order will be issued to the contractor; or

(ii) If the contractor does not agree with the TO package, the contractor shall provide a proposal to the contracting officer addressing only the specific areas of difference in the SOW, labor categories and/or hours in the IGCE. If the contractor requires more time to prepare the proposal, the contractor shall at least notify the contracting officer within three (3) days of receipt of the TO package and may then have up to five (5) working days after receipt of the TO package to present the proposal. Once the differences are resolved between the contracting officer and the contractor, and the requirement remains valid, a fully executed priced order will be issued to the contractor.

(4) If the contractor fails to respond to the proposed order within five (5) working days of receipt of the TO, the contracting officer may unilaterally issue the TO or extend the deadlines above when in the best interest of the Government.

(5) Composite Proposed Fully Burdened Rates for CLIN 0002-0005 Ordering Period (Years 1-5). The average Fully Burdened Labor Rate per Hour is entered in the Attachment L-1 table as proposed for each labor category during the applicable performance year (1-5) of the ordering period. Numbers only are entered, in U.S. dollar format ($###.##) rounded to the nearest cent. Fully Burdened Labor Rates shall include direct labor cost, fringe, overhead, G&A and subcontractor pass-through rate on total cost, but should not include fee or Burdened Other Direct Costs (ODCs) such as Travel. This would be the total labor costs (the sum of both the prime and all subcontractors) costs for that labor category divided by the total number of labor hours for that category to arrive at the average (composite) Burdened Labor Rate per Hour.

(6) The proposed fixed fee is applied to the resulting total labor hours (prime and subcontract) calculated using the dollar per hour noted in Section H Clause 5252.232-9510 PAYMENT OF FIXED FEE (NAVAIR). This dollar per hour estimate will be calculated at time of contract award dividing the total proposed labor cost by the total hours. Fee shall not apply to Other Direct Costs (travel).

Attachment 5, LOE & Ordering Rates, has a tab for the estimating labor category ordering rates. These proposed rates apply regardless of security clearance level required.

1) United States Locations- Composite rates include the following Government site and Contractor site work locations:

a. Fleet Readiness Center (FRCSE) Southeast, Jacksonville, FL (JAX)

b. Fleet Readiness Center (FRCSE) Oceana/Norfolk, VA (OC/NF)

RESERVED

NET AMT

DLM Labor for FRCSE Jacksonville

CPFF

To include NAS Jacksonville, FL;NS Mayport, FL; and Cecil Commerce Center Cecil Field, FL FOB: Destination J015

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Overtime for FRCSE Jacksonville

To include NAS Jacksonville, FL;NS Mayport, FL; and Cecil Commerce Center Cecil Field, FL IAW FAR 52.222-2 Overtime Premiums

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

DLM Labor for FRCSE Detachment Oceana

To include NAS Oceana, VA and NS Norfolk, VA

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Overtime for FRCSE Detachment Oceana

To include NAS Oceana, VA and NS Norfolk, VA IAW FAR 52.222-2 Payment for Overtime Premiums

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Travel

COST

ESTIMATED COST

Lot

Data

Required by Exhibit A, DD1423 Contract Data Requirements List Not Separately Priced

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLAUSES INCORPORATED BY FULL TEXT

Section C - Descriptions and Specifications

Items 0001 – RESERVED

Items 0002, 0003, 0004, 0005 - The Contractor shall furnish the necessary services required to perform the work described in Attachment 1 Statement of Work for Depot Level Maintenance Services

Items 0006 - The Contractor shall travel in accordance with Attachment 1 Statement of Work for Depot Level Maintenance Services

Items 0007 - The Contractor shall provide administrative and technical data in accordance with Contract Data Requirements List (CDRL) DD Form 1423, Exhibit A.

CLAUSES INCORPORATED BY REFERENCE

Section D - Packaging and Marking

ADDITIONAL INFORMATION

Items 0002, 0003, 0004, 0005, 0006– packaging, packing, and marking requirements do not apply.

Items 0007 – The data to be furnished hereunder shall be in accordance with Exhibit A, Contract Data Requirement List (CDRLs), packaged, packed, and marked IAW 5252.247-9514 Technical Data Packing Instructions (SEP 1999).

DTXT.247-9507 PACKAGING AND MARKING OF REPORTS (NAVAIR)(OCT 2021)

Section E - Inspection and Acceptance

Items 0002, 0003, 0004, 0005, 0006 – The services to be furnished hereunder shall be inspected and accepted IAW NAVAIR clause 5252.246-9512.

Items 0007– The data to be furnished hereunder shall be inspected and accepted IAW NAVAIR clause 5252.246-9514.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

Note:

Delivery Schedule wll be populated and definitized upon date of award.

See FAR 52.216-22, Indefinite Quantity for last date of Order-level performance coverage.

(3) COR specified in clause 5252.201-9501

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

______N/A______________________________________________________

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

____________N/A ________________

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

______________ notifications/inquiries should be sent to: the COR identified in 5252.201-9501 orfrcse_procurement_gr@navy.mil if COR not available.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.

GTXT.201-9500 TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(APR 2022)

(a) The Technical Point of Contact (TPOC) for this contract is:

TBD

(b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order. Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO).

GTXT.201-9501 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) (NAVAIR)(APR 2022)

(a) The Contracting Officer has designated Theresa Eigenbrode, theresa.L.eigenbrode.civ@us.navy.mil as the authorized Contracting Officer's Representative (COR) to perform the following functions, duties, and/or responsibilities:

Work cooperatively with members of the acquisition team;

a. If a classified contract, identify contract requirements and changes as they occur to the Contracting Officer’s Security Representative (COSR);

b. Review, comment, and report on the contractor's progress and ensure the contractor complies with reporting requirements;

c. Track funds expended and remaining funds available so as not to overspend on the contract or order;

d. Except for requirements originated by you, accept services and/or deliverables when completed, unless otherwise specified in the contract or order, and certify that the government has accepted all deliverables;

e. Pay particular attention to the timely review of invoices;

f. Promptly notify and provide recommended corrective action to the contracting officer and your superior of any of the following:

(1) Any violation of or deviation from the technical requirements of the contract or order;

(2) Inefficient or wasteful methods in use by the contractor, including the contractor exceeding the requirements of the order or contract;

(3) Any contractor request for changes to the contract;

(4) Issues that require clarification or resolution;

(5) Inconsistencies between invoiced charges and performance, including the use of improper labor categories;

(6) Instances where funds may be insufficient to complete the contract or order;

(7) Improper use of government material, equipment, or property.

(b) The effective period of the COR designation is the period of performance of this contract.

Contract/Order Payment Clause

Type of Payment Request

Supply

Service

Construction

Payment Office Allocation Method

Contract Terms and

If there is more than one ACRN

Conditions— within a deliverable contract line

Commercial Products item, the funds will be allocated in and Commercial the same proportion as the

Services;

amount of funding currently

52.216-7, Allowable unliquidated for each ACRN on

Cost and Payment;

the line item billed.

52.232-7, Payments

Under Time-and-

Materials and Labor-

Hour Contracts

If there is more than one ACRN

within a deliverable line or

deliverable subline item, the funds will be allocated using the oldest funds first. In the event of a deliverable line or deliverable subline item with two or more

ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-2, Payments

If there is more than one ACRN

Under Fixed-Price within a deliverable line item or

Research and deliverable subline item, the

Development funds will be allocated in the

Contracts;

same proportion as the amount

52.232-3, Payments of funding currently unliquidated

Under Personal for each ACRN on the deliverable

Services Contracts;

line or deliverable subline item for

52.232-4, Payments which payment is requested.

Under Transportation

Contracts and

Transportation-Related

Services Contracts; and

52.232-6, Payments

Under Communication

Service Contracts With

Common Carriers

For Government Use Only

ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

Funds shall be allocated in the

(excluding contracts same proportion as the amount with multiple lot of funding currently unliquidated progress payments) for each ACRN. Progress payments are considered contract level financing, and the

“contract price” shall reflect the fixed-price portion of the contract per FAR 32.501-3.

52.232-16, Progress Payments;

252.232-7018, Progress Payments— Multiple Lots

If there is more than one ACRN within a lot, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the lot for which payment is requested.

See PGI 204.7108 paragraph (c) for multiple lot CLIN structure.

For Government Use Only

52.232-32, Performance-Based Payments

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial product and commercial service financing).

Section H - Special Contract Requirements

252.228-7001 GROUND AND FLIGHT RISK (MAR 2023)

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

Aircraft means, unless otherwise provided in the contract Schedule, any item, other than a rocket or missile, intended for flight (e.g., fixed-winged aircraft, blended wing/lifting bodies, helicopters, vertical take-off or landing aircraft, lighter-than-air airships, and unmanned aerial vehicles), including emerging technologies that would commonly be considered aircraft. New production articles become aircraft at a stage of manufacture or production when a wing, portion of a wing, or engine is attached to a fuselage. Blended wing/lifting bodies become aircraft at a stage of manufacture or production when the center portion and a lifting surface become attached.

Contractor's managerial personnel means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of--

(1) All, or substantially all, of the Contractor's business;

(2) All, or substantially all, of the Contractor's operation at any one plant or separate location; or

(3) A separate and complete major industrial operation.

Contractor's premises means those premises, including subcontractors' premises, designated in the Schedule or in writing by the Contracting Officer, and any other place the aircraft is moved for safeguarding.

Covered aircraft means an aircraft owned by or to be delivered to the Government and, when determined by the contracting officer and specifically identified as such in the contract Schedule, may include contractor-furnished aircraft that are not intended for induction into the DoD inventory, including--

(1) Aircraft furnished by the Government to the Contractor under this contract while in the Contractor's possession, care, custody, or control regardless of their location or state of disassembly or reassembly;

(2) Items removed from a Government furnished aircraft that are--

(i) Intended for reinstallation on that particular aircraft, which retain their status as covered aircraft while awaiting installation; and

(ii) Not intended for reinstallation on that particular aircraft, which lose their status as covered aircraft once removal is complete;

(3) New production aircraft when wholly outside of buildings on the Contractor's premises or other places described in the Schedule (e.g., hush houses, run stations, and paint facilities); and

(4) Commercial aircraft, to include commercially available off-the-shelf aircraft, become covered aircraft when the commercial aircraft arrives at the Contractor's place of performance for modification under the terms of the contract.

Crewmember means, unless otherwise provided in the Schedule, personnel required in the flight manual, assigned for the purpose of conducting any flight on behalf of the Contractor. It also includes any operator of an unmanned aerial vehicle.

Flight means any flight approved in writing by the Government flight representative, to include taxi test made in the performance of this contract, or flight for the purpose of safeguarding the aircraft. All aircraft off the Contractor's premises shall be considered to be in flight when on the ground or water for reasonable periods of time following emergency landings, landings made in performance of the contract, or landings approved in writing by the contracting officer.

Workmanship error means damage to the aircraft that is the result of an incorrectly performed skill-based task, operation, or action that was originally planned or intended.

(b) Combined regulation/instruction. The Contractor shall be bound by the operating procedures contained in the combined regulation/instruction entitled "Contractor's Flight and Ground Operations" (Air Force Instruction 10-220, Army Regulation 95-20, NAVAIR Instruction 3710.1 (Series), Coast Guard Instruction M13020.3 (Series), and Defense Contract Management Agency Instruction 8210-1 (Series) in effect on the date of contract award. Compliance with the combined regulation/instruction is required from the time of contract award throughout the period of performance of the contract, regardless of the Government's assumption of risk under the contract.

(c) Government as self-insurer. The Government self-insures and assumes the risk of damage to, or loss or destruction of, covered aircraft subject to the following conditions:

(1) The Contractor's liability to the Government for damage, loss, or destruction of covered aircraft is limited to the Contractor's share of loss as defined at paragraph (h) of this clause, except when one of the exclusions at paragraph (d) applies.

(2) The liability provisions of this clause take precedence over the liability provisions of Federal Acquisition Regulation (FAR) clause 52.245-1, Government Property, with respect to covered aircraft.

(3) The Contractor is not liable for loss, damage, or destruction of covered aircraft as the result of normal wear and tear, or intentional damage or destruction as required in the Schedule.

(4) Conditions for Government assumption of risk in flight are as follows:

(i) The Contractor's crewmembers are approved in writing by the Government flight representative (GFR).

(ii) The flight is approved in writing by the GFR.

(d) Exclusions from the Government's assumption of risk. The Government's assumption of risk under this clause shall not extend to damage, loss, or destruction of covered aircraft which--

(1) Is the result of willful misconduct or lack of good faith on the part of the Contractor's managerial personnel, including the Contractor's oversight of subcontractors;

(2) Is sustained during flight if either the flight or the crewmembers have not been approved in advance and in writing by the GFR, who has been authorized in accordance with the combined regulation/instruction entitled "Contractor's Flight and Ground Operations";

(3) Occurs in the course of transportation by rail, or by conveyance on public streets,highways, or waterways, unless the transportation is limited to the vicinity of the Contractor's premises, and incidental to work performed under the contract as described in the Schedule;

(4) Is covered by insurance;

(5) Occurs after the Contracting Officer has, in writing, revoked the Government's assumption of risk in accordance with paragraph (e)(3) of this clause; or

(6) Is sustained due to workmanship errors.

(e) Revoking the Government's assumption of risk.

(1) The Contracting Officer, when finding that the Contractor's managerial personnel have failed to comply with paragraph (b) of this clause, will issue a preliminary notice of revocation requiring the Contractor to comply with contract requirements within a timeframe specified by the Contracting Officer. In determining exposure to unreasonable conditions, the Contracting Officer will consider factors including, but not limited to, the following: lack of adequate hangar fire suppression or firefighting vehicles, failure to provide adequate procedures to the GFR, or systemic failure to comply with approved procedures.

(2) Upon receipt of the preliminary notice of revocation, the Contractor shall promptly correct the noncompliance or cited conditions, regardless of whether there is agreement that the conditions are unreasonable.

(3) If the Contracting Officer finds that the Contractor failed to correct the cited noncompliance or conditions within the specified timeframe, the Contracting Officer will issue a notice of revocation of the Government's assumption of risk for any covered aircraft.

(4) If the Contracting Officer issues a notice of revocation pursuant to the terms of this clause--

(i) The Contractor shall thereafter assume the entire risk for damage, loss, or destruction of the previously covered aircraft;

(ii) Any costs incurred by the Contractor (including the costs of the Contractor's self-insurance, insurance premiums paid to insure the Contractor's assumption of risk, deductibles associated with such purchased insurance, etc.) to mitigate its risk are unallowable costs; and

(iii) The liability provisions of the clause at FAR 52.245-1, Government Property, are not applicable to the aircraft impacted by the notice of revocation.

(5) The Contractor shall promptly notify the Contracting Officer when the noncompliance or cited conditions have been corrected. Within 3 days of receipt of the Contractor's notice of correction, the Contracting Officer will notify the Contractor whether the Government will resume risk of loss. The Contracting Officer will determine that the noncompliance or cited conditions have been corrected prior to resuming assumption of risk.

(6) The notice of revocation does not relieve the Contractor of its obligation to comply with all other provisions of this clause, including the combined regulation/instruction entitled "Contractor's Flight and Ground Operations."

(7) Any disputes regarding the Contracting Officer's notice of revocation shall be subject to FAR clause 52.233-1, Disputes.

(f) Contractor's exclusion of insurance costs. The Contractor warrants that the contract price does not and will not include, except as may be authorized in this clause, any charge or contingency reserve for insurance (including the Contractor's share of loss) covering damage, loss, or destruction of covered aircraft when the risk has been assumed by the Government, even if the assumption may be terminated for covered aircraft.

(g) Procedures in the event of damage, loss, or destruction.

(1) In the event of damage, loss, or destruction of covered aircraft, the Contractor shall take all reasonable steps to protect the aircraft from further damage, to separate damaged and undamaged aircraft, and to put all aircraft in the best possible order.