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U.S. General Services Administration Federal Acquisition Service Northeast and Caribbean Region

ISSUED TO:

TOTAL (100%) SMALL BUSINESS SET ASIDE VIA OPEN MARKET

NACIS CODE: 333318

STATEMENT OF WORK (SOW)

For

UH-60M BLACK HAWK MAINTENANCE TRAINERS (BHMT-M)

US ARMY

UTILITY HELICOPTERS PROJECT OFFICE

SFAE-AV-UH

SPARKMAN CENTER, BUILDING 5308 REDSTONE ARSENAL, AL 35898-5000

REQUEST FOR PROPOSAL (RFP) #47QFEA20K0018

AMENDMENT 01, DATE 05/29/2020

1. BACKGROUND

The U.S Army, SFAE-AV-UH office mission is to design, develop and deliver the premier materiel solutions to the United States and Global Allied Forces through continued support to production, fielding, sustainment, and modernization of the Utility Fleets.

2. PROGRAM OBJECTIVES/DESCRIPTION OF WORK

The contractor shall provide UH-60M Black Hawk Maintenance Trainers in support of The U.S Army, SFAE-AV-UH office mission.

3. SCOPE

The scope of this Statement of Work (SOW) is to provide the required personnel, materials, facilities, services, and support to build UH-60M Black Hawk Maintenance Trainers (BHMT-M). The requirement shall include all labor, equipment, materials, testing, shipping, delivery and installation at the US Army 128th Aviation Brigade facilities at Joint Base Langley Eustis (JBLE) in Fort Eustis, VA.

4. REQUIREMENTS/SPECIFIC TASKS

The Contractor shall provide technical, planning, and managerial efforts as well as personnel, material, facilities, services, and support equipment, except that identified to be government furnished to perform the following tasks:

a) Build two (2) UH-60M Black Hawk Maintenance Trainers (BHMT-M) on the 1st order with a potential purchase of three (3) more for a total of five (5) trainers. The first two trainers shall be delivered 30 months upon award of the first BPA delivery order. The three remaining ones shall be delivered 18 months upon each BPA delivery order award.

b) IETM shall be the latest version when the trainers are delivered to the Government.

c) Verify through test compliance BHMT-M Performance Specification; this SOW, and derived requirements.

Refer to Attachment 2-SOW for additional details

5. REQUIREMENTS/SPECIFIC TASKS

5.1 DELIVERABLES/MILESTONES

Table 1 – List of Deliverables and the Performance Requirements Summary Required Deliverables/Reports

FORMAT

Required Due Date

SEND TO

PLANNED FREQUENCY

SOW Ref.

Performance Threshold

Quality Control Plan

Email/PDF

15 days after contract/BPA order award or Exercising Option.
COR/

GSA PM, CO

Update Annually
Refer to SOW
100% Compliance/On-time delivery.

SRR Entrance Criteria

Email/PDF For SSR Entry

COR, PM

After Completion

Refer to SOW

100% Compliance/On-time

PDR Entrance Criteria

For PDR Entry

COR, PM

After Completion

Refer to SOW

CDR Entrance Criteria

For CDR Entry

COR, PM

After Completion

Refer to SOW

TRR Entrance Criteria

For TDR Entry

COR, PM

After Completion

Refer to SOW

PSRR Entrance Criteria

For PSRR Entry

COR, PM

After Completion

Refer to SOW

100% Compliance/On-time

Trip Report

Email/PDF

Once a month when invoices are uploaded to ITSS.
COR/

GSA PM

Each Trip Taken Under the Terms of this Order/Contract

5.3 95% of the time submitted timely/accurately.

Final Invoice

Submit through ITSS

Due 60 days from completion.
Interested parties through ITSS
After completion.

7.5 100% Timely/Accurate Delivery

Release of Claims

ITSS and Email

Due within fifteen (15) calendar days of final payment.
PM, COR and CO
15 days after final payment,

7.6 100% Timely/Accurate Delivery

5.1.1 DELIVERY INSTRUCTIONS

Copies of deliverables shall be furnished to the appropriate Government personnel per the chart in Section 5.1. The contractor shall deliver each report in accordance with the direction in the chart in Table 1, Section 5.1. Deliverables are to be transmitted with a cover letter, on the prime contractor’s letterhead, describing the contents. Concurrently, a copy of the deliverable and the cover letter shall be attached to the task in GSAs Electronic Ordering System (ITSS).

**Contractor must submit their required deliverables/reports as part of this requirement through ITSS.

Place of Delivery for the BHMT-M Trainers:

US Army 128th Aviation Brigade facilities at Joint Base Langley Eustis (JBLE) in Fort Eustis, VA.

5.1.2 INSPECTION AND ACCEPTANCE OF SERVICES

All reports and delivery order deliverables shall be inspected, tested (where applicable), reviewed, and accepted by the Government within a reasonable period of time in accordance with FAR 52.212-4 and the acceptance criteria are set forth in Table 1, Section 5.1 in the section titled “Performance Threshold” column. Further inspection and acceptance details are outlined in the QASP (Attachment 3)

Only the client representative (CR)/contracting officer representative (COR), their designated alternate, the GSA Project Manager (PM) or GSA Contracting Officer (CO) has the authority to inspect, accept, or reject all deliverables. Final acceptance of all deliverables will be provided in writing, or in electronic format, to the GSA PM or GSA CO within 30 days from the end of the delivery order.

Refer to Attachment 2-SOW for additional delivery and inspection details.

5.1.3 CONTRACTOR QUALITY CONTROL REQUIREMENTS

The contractor shall develop and maintain a quality process to ensure services are performed in accordance with commonly accepted commercial practices and existing quality control systems throughout the life of the order.

The contractor shall develop and implement procedures to identify, prevent and ensure non- recurrence of defective services. However, the government reserves the right to perform inspections on services provided to the extent deemed necessary to protect the government’s interests. The contractor must control the quality of the services and deliverables provided in support of this requirement; the contractor must maintain substantiating evidence that services conform to contract quality requirements and furnish such information to the government if requested.

The contractor shall establish and maintain a complete Quality Control Plan (QCP) to ensure the services are performed in accordance with SOW and commonly accepted commercial practices, throughout the life of the requirement. The QCP shall include a Quality Control Matrix (QCM) that addresses all deliverables in Table 1, of Section 5.1. The QCM shall reflect the method by which the contractor will meet the level of required performance and quality reflected in Table 1 of Section 5.1.

A Quality Assurance Surveillance Plan (QASP) (Attachment 3) has been developed by the Government to provide a systematic surveillance method for the service rendered and which describes the methodology by which the Contractor’s performance will be monitored. This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities upon contract award.

This plan contains a Contractor Performance Assessment Report (CPAR) (Attachment 11) to be utilized in documenting contractor performance for use in motivating the contractor on the current contract; and serves as a data base for past performance evaluations for future contracts. The COR should use this form as the primary motivational tool to encourage high quality contractor performance. The report will be generated yearly or more frequently if necessary to document outstanding or unsatisfactory performance. The contractor should understand that these reports will remain in a data base for three years and will be available to all Government agencies for technical evaluation purposes.

5.2. MAN HOURS/LABOR CATEGORIES

All labor necessary for completion of the requirement shall be performed under a Firm Fixed Price (FFP) contract line item CLIN-UH-60M Black Hawk Maintenance Trainers.

5.2.1 PERSONNEL

5.2.1.1 CONTRACTOR EMPLOYEE GUIDELINES

The contractor shall not employ persons on this award if such employees are identified to the contractor by the Client’s COR, PM and/or CO as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population. The employee(s) should be removed immediately and replaced with an employee(s) that can provide the same level of service and approved by the CO, to ensure the labor category is similar or the same.

5.3. TRAVEL

Contractor employees will be required to travel for the purpose of installation, setup, coordination as required, etc. Travel shall be a cost reimbursable expense, and no G&A or other administrative fees shall be allowed on travel. The Government will pay up to the rates specified in the Government Federal Travel Regulations (FTR) for travel destination.

5.3.1. TRAVEL REQUIREMENTS

5.3.1.1. TRIP REPORTS

For all travel required under the terms of this SOW, the contractor shall submit Trip Reports when submitting monthly invoices after completion of a trip for all long distance travel and for local travel when requested by Government Task Lead. Trip reports shall be uploaded into ITSS once a month when invoices are uploaded.

The Trip Report shall include the following information:

•Personnel traveled
•Dates of travel
•Destination(s)
•Purpose of Trip; contract effort supported and Delivery Order ID number; Government Agency supported (if applicable), explain the benefits of the travel to the Government.
•Actual Trip Costs
•Approval Authority
•Summary of events to include work accomplished and significant events, discussion of activities, and conclusion/recommendation

5.3.2. APPROVAL FOR TRAVEL

All travel shall be scheduled at least two weeks in advance whenever possible to maximize savings to the Government through receiving the best travel rates available. Emergency requirements shall be defined and approved by the COR. All travel shall be in accordance with the Federal Travel Regulation (FTR) and shall be at or below per diem unless approved via CTP/or other approved form by the US Army. The contractor is required to ensure good stewardship of travel funds, and shall seek rates lower than per diem whenever possible.

The contractor shall make every effort to locate the airport that will provide the lowest cost of air travel possible. The COR may require a cost benefit analysis to support any travel, as deemed necessary. Travel shall be at the allowable per diem rate. In the event travel charges are above per diem, the contractor shall submit a “Consent to Purchase (CTP)” form (Attachment 4) with a complete explanation to explain the circumstances. The CTP shall be approved by the COR and CO in advance. Travel charges over and above per diem without proper approval, shall be at the expense of the contractor.

After travel is incurred, documentation/receipts shall be sent to the COR (with the invoice submittals). NO PAYMENT WILL BE MADE WITHOUT DOCUMENTATION/RECEIPTS.

See Section 7.3 for further details regarding invoicing for travel.

The COR shall approve travel (in writing on the CTP form) valued below $3,500.00 per trip. The GSA CO shall approve all travel expenses in excess of $3,500.00.

NOTE: The Government reserves the right to audit, thus; the contractor shall keep on file all backup support documentation for travel, materials, and ODC procurements (travel) made on behalf of the Government under the terms of the contract.

5.5 GREEN/SUSTAINABLE PROCUREMENT PRACTICES/REQUIREMENTS

In accordance with FAR Part 23.103, “Sustainable Acquisitions,” Federal agencies shall advance sustainable acquisition by ensuring that 95 percent of new contract actions for the supply of products and for the acquisition of services (including construction) require that the products are— (1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated);(2) Water-efficient; (3) Biobased; (4) Environmentally preferable (e.g., EPEAT-registered, or non-toxic or less toxic alternatives); (5) Non-ozone depleting; or (6) Made with recovered materials. And, that the required products in the contract actions for services include products that are— (1) Delivered to the Government during performance; (2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or (3) Furnished by the contractor for use by the Government.

The purpose of the statutes and executive orders is to create, demonstrate the viability of, and sustain markets for green products and services. Green purchasing requirements apply to direct purchase of products by the Government, products supplied or used in the performance of a Government contract, micro-purchases, simplified acquisitions, and the purchases of commercial items. Below is a chart representing the elements of FAR Part 23 that apply to this SOW requirement. If for any reason the Government has failed to identify an applicable requirement in the chart below, the contractor shall notify the Government immediate and a modification to the SOW clauses and the chart below shall be completed. The contractor shall comply with the Executive Orders, and applicable Laws/official “Acts” and Government timelines that are enacted/in place at the time of contract award, without exception. The applicable laws, regulations and clauses are identified in the chart below:

Designated Sustainable Procurement Categories
Reference Materials
Applicable/Not Applicable to SOW Requirements
Environmental Protection Agency (EPA) designated recycled content products (Eight EPA categories are: vehicles, construction, transportation, parks and recreation, non-paper office products, paper and miscellaneous products (e.g., awards, bike racks, industrial drums, signage, sorbents, plaques, etc.)
FAR 11.002(d), Resource Conservation and Recovery Act section 6002, Executive Order (E.O.) 13423 and 13514; FAR 52.223-17;

www.epa.gov/cpg Not Applicable

Information technology related Energy Star® energy products (e.g., fluorescent lamps, exit signs, transformers, etc.)
FAR 11.002(d), FAR 23.204, FAR 52.223-15, Energy Independence and Security Act of 2007 http://www.energystar.gov
Applicable
Federal Energy Management Program (FEMP) designated energy efficient low standby power products
FAR 11.002(d), E.O.s 13423, 13514, and 13221, http://www.energystar.gov
Applicable
Department of Agriculture designated biobased/bio-preferred products (examples of USDA designations: Mobile equipment hydraulic fluids, Urethane roof coatings, Water tank coatings, Diesel fuel additives, Penetrating lubricants, Bedding, bed linens, towels, sorbents, hand cleaners and sanitizers, adhesives/mastic removers, composite panels, etc.)
FAR 11.002(d), FAR 52.223-1, FAR 52.223-2, Farm Security and Rural Investment Act of 2002 section 9002, E.O. 13423; http://www.usda.gov/biopreferred

Not Applicable

Environmentally preferable products (e.g., green cleaning products, cafeteriaware (biobased disposable plates, forks, etc., furniture, electronic office equipment, green meetings and conference services, etc.)
FAR 11.002(d), E.O.s 13423 and 13514;

www.epa.gov/epp Applicable

Electronic Product Environmental Assessment Tool (EPEAT) registered products
FAR 11.002(d), E.O. 13423 and 13514, FAR 52.223-16 (for EPEAT bronze registered products or higher) or Alt I for purchasing EPEAT silver rated products or higher; For more information about the standards: http://www.epeat.net
Not Applicable
Water-efficient products
FAR 11.002(d); E.O. 13514 Section 2
Not Applicable
Non-ozone-depleting substances (e.g., refrigeration, foam blowing agents, sterilants, aerosols, adhesives, etc.)
FAR 11.002(d); E.O. 13514

www.epa.gov/ozone/snap/lists/index.html Not Applicable

Non or low toxic or hazardous constituents
FAR 11.002(d), FAR 52.223-17
Not Applicable
Printed or Copied Double Sided on Recycled Paper (All deliverables shall be submitted electronically to the Government, no paper copies necessary)
FAR 4.303, FAR 11.303, FAR 52.204-4
Applicable
Pollution Prevention
FAR 23.1005, FAR 52.223-5 (Alt I or Alt II as applicable).
Applicable if work is being.

6.0 ORDER REQUIREMENTS INFORMATION

6.1 CONTRACT TYPE

This competitive acquisition will result in a Firm Fixed Price single-award Blanket Purchase Agreement (BPA). Subsequent orders will be placed at a Firm Fixed Price for the UH-60M Black Hawk Maintenance Trainer CLINs, Firm Fixed Price for the Training CLINs and Time & Materials (T&M) for the Travel CLINs. A Not-to-exceed (NTE) amount will be established for all Travel CLINs. Contractor exceeds NTE CLIN amounts at their own risk. Refer to Attachment 8-Price Schedule.

6.2 Period of performance

The contract period for this resultant single-award BPA is for a one-year base period and four (4) one-year option periods from the time of award, subject to annual review of the vendor’s underlying BPA and price reasonableness.

6.3performance specifics
6.3.1PERFORMANCE LOCATION

Work will be performed at both Government and contractor locations. Contractor personnel will not report to Government facilities to work nor remain at the work locations any time the Government is unexpectedly required to close their offices. The contractor will not be compensated for these unexpected or expected Government closures. The contractor is responsible for all notification of their contractor staff during times of closure.

6.3.2 PERFORMANCE TIME/DAYS

The dates/times the contractor personnel work to support the objectives of this requirement are at the contractor’s sole discretion. This order is performance based, and all tasks must be completed timely and at the level of quality identified herein.

In support of this contract, contractor personnel may be required to travel to various locations and work in excess of 40 hours/week on occasion. Firm Fixed Price (FFP) orders or contracts shall be performed at the rate agreed to, and no additional money shall be allotted/modified into the order after award to cover overtime related to travel. During performance, only actual travel costs are reimbursed in accordance with the FTR and other applicable regulations, subject to the government’s approval. Contractor personnel will not report to work nor remain at the work locations any time the Government is unexpectedly required to close their offices. The contractor will not be compensated for these Government closures. The contractor is responsible for all notification of their contractor staff during times of closure.

6.3.3 OBSERVED FEDERAL HOLIDAYS

The following Federal holidays are observed by the Government and affect the contractor’s ability to access Government’s facilities or Government personnel. Different schedules may apply to base operating hours in the OCONUS AOR(s).

New Year’s Day: January 1st Martin Luther King’s Birthday: 3rd Monday in January President’s Day: 3rd Monday in February Memorial Day: Last Monday in May Independence Day: July 4th Labor Day: 1st Monday in September Columbus Day: 2nd Monday in October Veterans Day: November 11th Thanksgiving Day: 4th Thursday in November Christmas: December 25th (and possibly the day after or before, depending on an executive order)

6.4 government property Government Furnished Property shall be provided in accordance with this SOW, titled Government Furnished Property, Equipment and Services. A Government Property Management Plan shall be active, current and in force at all times during the performance period of the order. See the incorporated Government Property Clause (FAR Part 45) for additional requirements.

6.5 Contractor acquired government furnished property

See Attachment 1, regarding the requirements for contractor acquired property.

6.6 homeland security presidential directive-12 (HSPD-12) Homeland Security Presidential Directive 12 (HSPD-12) was issued to implement the policy of the United States to enhance security, increase Government efficiency, reduce identity fraud, and protect personal privacy by establishing a mandatory, Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractors (including contractor employees). Under this directive, the heads of executive departments and agencies are required to implement programs to ensure that identification issued by their departments and agencies to Federal employees and contractors meets the Standard. This policy can be found at the following website:

http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html

Under this requirement, contractor shall insure all its personnel who require physical access to federally controlled facilities and access to federally controlled information systems by 27 October 2007, have been issued identification in compliance with HSPD-12 policy. In their solicitation response packages, offeror’s shall confirm they will comply with the government client’s identification procedure that is implementing HSPD-12 policy. The Security/Identification point of contact for the client agency that is responsible for implementing their HSPD-12 compliant policy is:

POC Name
Dewanna Ross
Office Symbol
SFAE-AV-UH
Address
Bldg 5308 Sparkman Center
City, State, Zip
Redstone Arsenal, AL 35898
email address
dewanna.j.ross.civ@mail.mil
Telephone Number
256-842-4925

All costs associated with obtaining necessary clearances shall be borne by the contractor.

6.7 security Federal Information Security Management Act (FISMA) of 2014 Compliance:

FISMA compliance is access through annual accreditation and certification as required by Department of Defense Information Assurance Certification and Accreditation Process (DIACAP) governed by Department of Defense Instruction 8510.01, dated March 12, 2014.

Note: This requirement must be met on any procurement, IT, PS, etc., where the contractor will have access to government electronic information.

In order to satisfy this requirement, GSA requires the FISMA point of contact for the client agency that is responsible for maintaining their annual FISMA accreditation and certification:

Agency official for FISMA compliance below:

POC Name
Terry Lee Bell
Office Symbol
SFAE-AV-UH
Address
3308 Mauler Road
City, State, Zip
Redstone Arsenal, AL 35898
email address
terry.l.bell16.mil@mail.mil
Telephone Number
256-682-1132

6.8 contractor employee guidelines The contractor shall not employ persons on this requirement if such employees are identified to the contractor by the client representative as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

6.9special terms and conditions/requirements
6.9.1508 COMPLIANCE

IAW Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), Section 1194.3, General Exceptions, applies:

• These systems are critical to the direct fulfillment of military or intelligence missions and do not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).

• Agencies are not required to make products owned by the agency available for access and use by individuals with disabilities at a location other than that where the electronic and information technology is provided to the public.

• Products located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment are not required to comply with this part.

6.9.2 TRANSITION PLAN (PHASE IN AND OUT)

A transition plan is not applicable to this requirement.

6.9.3 PERSONAL SERVICES

The client has determined that use of the GSA contract to satisfy this requirement is in the best interest of the government, economic and other factors considered, and this requirement is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled “Personal services contract”.

To counter the circumstances that infer personal services and to preserve the non-personal nature of the contract, the contractor shall adhere to the following guidelines in the performance of the requirement:

•Contractor provides for direct supervision of all contract employees assigned to the task.
•Refrain from discussing the issues such as skill levels and hours, salaries, cost and funding data, or administrative and personnel matters affecting contractor employees with the client.
•Ensure close communication/coordination with the GSA PM, reporting problems to the PM as they occur (not waiting for a monthly meeting).
•Do not permit government officials to interview potential contractor employees, discuss individual performance, approve leave or work scheduling of contractor employees, terminate contractor employees, assist contractor employees in doing their jobs or obtain assistance from the contractor in doing Government job.
•Do not assign contractor personnel to work under direct government supervision.
•Maintain a professional distance from government employees.
•Provide contractor employees with badges, if appropriate, identifying them as contractors.
•Ensure proper communications with the government (technical discussion and government surveillance is okay, but the Government cannot tell the contractor how to do the job).
•Assign a task leader to the task order. The task leader or alternate should be the only one who accepts tasking from the assigned Government point of contact or alternative.
•The government has the right to reject the finished product or result and this does not constitute personal services.
•When travel is required for the performance on a task, the contractor personnel are only to travel as directed by their contract management.
6.9.4PRIVACY ACT

Work on this project may require that personnel have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

6.9.5 RECORDS/DATA

All software (databases/code) produced at the request of the client becomes the sole property of the United States Government and shall enter the public domain and is non-proprietary.

Subsequent use of this software for commercial purposes by the Contractor or any other entity may occur only after a properly filed Freedom of Information Act (FOIA) request has been approved by the Government. Any such subsequent use shall attribute the origin of the software to the client.

All deliverables become the sole property of the United States Government. The Government, for itself and such others as it deems appropriate, will have unlimited rights under this contract to all information and materials developed under this contract and furnished to the Government and documentation thereof, reports and listings, and all other items pertaining to the work and services pursuant to this agreement including any copyright. Unlimited rights under this contract are rights to use, duplicate, or disclose data, and information, in whole or in part in any manner and for any purpose whatsoever without compensation to or approval from the Contractor. The Government will at all reasonable times have the right to inspect the work and will have access to and the right to make copies of the above-mentioned items. All digital files and data, and other products generated under this contract, shall become the property of the Government.

Copyright: Any software and computer data/information developed, as a component of this contract shall have the following statement attached to documentation:

“This computer program is a work effort for the United States Government and is not protected by copyright (17 U.S. Code 105). Any person who fraudulently places a copyright notice on, or does any other act contrary to the provisions of 17 U.S. Code 506(c) shall be subject to the penalties provided therein. This notice shall not be altered or removed from this software or digital media, and is to be on all reproductions.”

6.9.6ORGANIZATIONAL CONFLICT OF INTEREST (OCI)
a)The guidelines and procedures of FAR Subpart 9.5 and GSAM Subpart 509.5, Organizational and Consultant Conflicts of Interest, and FAR Part 3 and GSAM Part 3, Improper Business Practices and Personal Conflicts of Interest, will be used in identifying and resolving any issues of a conflict of interest under this requirement.
b)In the event that this requirement requires activity that would create an actual or potential conflict of interest, the Contractor shall immediately notify the Ordering Contracting Officer (OCO) of the conflict, submit a plan for mitigation, and not commence work until specifically notified by the OCO to proceed; or, identify the conflict and recommend to the OCO an alternate approach to avoid the conflict. The Contractor shall not contract with Government prime Contractors or first-tier subcontractors in such a way as to create an organizational conflict of interest. Offeros are required to disclose any existing or potential Conflict of Interest (COI) in their proposals as well as submit a COI Mitigation Plan proposing measures to avoid, mitigate or neutralize identifies COI’s.
c)Definitions. “Contractor” means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract. “Contractor and its affiliates” and “Contractor or its affiliates” refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor.
d)An “Organizational conflict of interest” exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor’s or its affiliates’ objectivity in performing contract work.

e) To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions, are provided at FAR 9.508.

6.9.7 APPLICABILITY OF TERMS AND CONDITIONS FROM THE BASE CONTRACTUAL VEHICLE(S)

All applicable terms and conditions from this resultant BPA and subsequent delivery order against the BPA, shall become legally binding upon the contractor at the time of award and through the period of performance.

6.9.8 LIMITATION OF FUNDS

The Contractor shall not perform work resulting in charges to the government that exceed obligated funds. The contractor shall notify the Contracting Officer in writing, whenever it has reason to believe that in the next 60 days, the charges to the government will exceed 75% of the obligated funds. The notice shall state the estimated amount of additional funds required to complete performance of this task. The government is not obligated to reimburse the Contractor for charges in excess of the obligated funds and the Contractor is not obligated to continue performance or otherwise incur costs that would result in charges to the government in excess of the amount obligated under this order. The Travel CLIN would be incrementally funded.

7.0INVOICING/PROCEDURES FOR PAYMENT
7.1electronic posting of invoices

Contractors shall electronically transmit/submit invoices and supporting documentation for invoices through the GSA web-based procurement system, through the Central Invoice Service (CIS), the contractor shall submit invoices electronically by logging into the ASSIST portal (https://portal.fas.gsa.gov), navigating to the appropriate order, and creating the invoice for that order. This is the only acceptable means for invoice submissions.

No paper invoices shall be accepted. For additional assistance contact the ASSIST Helpdesk at 877-472-4877.

7.2invoicing instructions based on order type
7.3invoice content

An invoice for completion of each deliverable based on the accomplished milestones established in the approved Integrated Master Schedule identified in the SOW shall be electronically delivered via the GSA electronic contract management system following delivery for client and GSA acceptance. A copy of the invoice shall be attached to the associated deliverable “Acceptance Report” posted in GSA ASSIST located on the web at https:// portal.fas.gsa.gov/. The invoice shall be submitted on official letterhead and shall include the following information at a minimum.

•GSA Delivery Order Number
•Order ACT Number (see the front of the SF300 document)
•Prompt Payment Discount
•Remittance Address
•Period of Performance for Billing Period
•Point of Contact and Phone Number
•Invoice Amount
•Travel Itemized by Individual and Trip (if applicable)
•Support Items Itemized by Specific Item and Amount (if applicable)

NOTE: The Government reserves the right to audit, thus; the contractor shall keep on file all backup support documentation for travel and ODCs.

Travel Invoicing Travel shall be approved per the terms and conditions of the BPA order. Signed/approved Consent to Purchase (CTP) forms shall be submitted with the invoice, and all receipts for airfare, rental car, lodging, and all receipts directly being charged for over $75.00 shall be submitted as support/back up documentation with the invoice submittal. NO PAYMENT WILL BE MADE WITHOUT DOCUMENTATION/RECEIPTS. NO PAYMENT WILL BE MADE for travel that is non-conforming to the FTR.

7.4 receiving/client agency’s acceptance The Client Agency must accept the services and/or products provided under the terms of the contract. The client agency will accept and certify services electronically via GSA’s electronic Web-Based Order Processing System, currently ITSS, by accepting the Acceptance Document generated by the contractor. Electronic acceptance of the invoice by the COR is considered concurrence and acceptance of services. The Client Agency may also generate a hard copy acceptance document. Regardless, of the method of acceptance the contractor shall seek acceptance and electronically post the acceptance document in GSA’s electronic Web-based Order Processing System, currently ITSS. (Written acceptances will be posted as an attachment along with any other supporting documentation.) After acceptance of the invoice by the Client Agency, the Contractor shall submit a proper invoice to GSA Finance not later than five (5) workdays after acceptance by the Government of the product, service, and/or cost item. In the absence of Government acceptance within thirty (30) days, the contractor shall submit an invoice.

NOTE: The acceptance of the authorized Client Agency representative (which is normally the COR) is REQUIRED prior to the approval of payment for any invoiced submitted.

NOTE: If the required documentation including, (A) the customer's signed written acceptance OR (B) the customer’s electronic acceptance, is not received within 15 calendar days from the date the invoice was submitted to GSA Finance, the invoice may be rejected in whole or in part as determined by the Government.

7.5 final invoice Invoices for final payment must be so identified and submitted within 60 days from task completion and no further charges are to be billed. A copy of the written acceptance of task completion must be attached to final invoices. The contractor shall request from GSA an extension for final invoices that may exceed the 60-day time frame.

The Government reserves the right to require certification by a GSA PM/COR before payment is processed, if necessary.

7.6 order close-out procedures The contractor shall submit a final invoice within sixty (60) calendar days after the end of the Performance Period. All invoices shall be received within this period. The contracting officer shall not extend the period of performance, or the invoice submittal period to wait on subcontractors to bill the prime contractor. All rates are negotiated at the time of award, and the contractor shall control and account for all time by their own personnel and their subcontractor or Contractor Teaming Arrangement (CTA) personnel to allow for timely billing in accordance with the terms expressed in this section. After the final invoice has been paid the contractor shall furnish a completed and signed Release of Claims form to the Contracting Officer. This release of claims is due within fifteen (15) calendar days of final payment. Refer to Attachment 9 Contract Release of Claims

The Government reserves the right to require a release of claims at the end of each performance period, after all payments have been completed. **NOTE: No rates agreed to under the terms of this order are subject to DCAA or other “final” audited rates.

7.7 unilateral close out modifications FAR clause 52.212-4(c) is hereby amended as follows: The Government reserves the right to issue unilateral close out modifications to close out commercial contractual agreements, after the contractor has acknowledged the order is closed and that no further liability exists on behalf of the parties. The Government also reserves the right under the unilateral close out modification to deobligate money after full payment has been made to the contractor for their services/materials under this requirement.

7.8 tailored security requirements The CO will tailor security requirements (both facility and employee), clauses, provisions, and other applicable terms and conditions specific to each order’s solicitation and award.

Only those Contractors that meet the required security clearance levels on individual order solicitations are eligible to compete for such orders.

In general, all necessary facility and employee security clearances shall be at the expense of the Contractor. In some cases, Government offices that conduct background investigations do not have a means for accepting direct compensation from Contractors and instead charge customer agencies for the background investigations. In these cases, the Contractor shall be flexible in establishing ways of reimbursing the Government for these expenses. The individual order will specify the terms and conditions for reimbursement, if any, for obtaining security clearances. Any tailored or additional security requirements will be stipulated at the order level.

7.9 employee security clearance Security clearances for Contractor employees, including Subcontractor employees are not required for this requirement.

Identification Contractor personnel and their subcontractors shall identify themselves as contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.

Contractor personnel shall not release or remove system documentation, data, or reports generated by or through use of Government systems. All requests for information shall be forwarded to the Government Technical Representative.

The Government Technical Representative will assist Contractor personnel in processing the necessary DoD forms to obtain base or area badges for access to Government facilities.

The Contractor shall not divulge any information regarding files, data, process activities/functions, user IDs, passwords, or other knowledge that may be gained, to anyone who is not authorized to have access to such information. Contractor personnel shall abide by all Government rules, procedures, and standard of conduct. Contractor personnel requiring access to Government Automated Information Systems (AIS) shall have background investigations and security awareness training completed prior to the start of the order period of performance. When the period of performance is complete and/or Contractor personnel leave work on this project, they will have 1 business day to terminate all their network user accounts and to return all access cards and base identification badges.

The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information:

18 U.S.C. 641 (Criminal Code: Public Money, Property or Records) 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information) Public Law 96-511 (Paperwork Reduction Act)

Contractor Employee Credentials Contractors shall ensure their employees and those of their subcontractors have the proper credentials allowing them to work in the United States. Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities.

7.10 contract performance evaluation In accordance with FAR 8.406-7, Contractor Performance Evaluation and FAR 42.15, The Government will provide and record Past Performance Information for acquisitions over $150,000 utilizing the Contractor Performance Assessment Reporting System (CPARS). The CPARS process allows contractors to view and comment on the Government’s evaluation of the contractor’s performance before it is finalized. Once the contractor’s past performance evaluation is finalized in CPARS it will be transmitted into the Past Performance Information Retrieval System (PPIRS).

Contractors are required to register in the CPARS, so contractors may review and comment on past performance reports submitted through the CPARS.

CPARS https://www.cpars.csd.disa.mil/

PPIRShttp://www.ppirs.gov
7.11other considerations

7.11.1 third party schedule delays GSA does not warrant and cannot guarantee that the site will remain free from interference by third parties, with whom the Federal Government has no contractual relationship.

Only delays determined to be caused by the Federal Government that affect the contractor’s ability to complete the contract work on time will be considered for time extensions and equitable adjustments.

7.11.2 INFORM 2.0

Overview of the IN-depth Feedback through Open Reporting Methods (INFORM 2.0) Process

This solicitation is part of an initiative using the INFORM 2.0 process which is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM 2.0 seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM 2.0 process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting that is not required by statute or regulation. For purposes of this solicitation, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM 2.0 process as further discussed below.

B. Detailed Description of the INFORM 2.0 Process

B.1. Component 1 - Notification of Award

After award and in accordance with any post-award notification timeframes required by regulation (i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written notices to the successful and unsuccessful offerors (the Notification of Decision Statement (NODS)). The notices will contain:

· All information required by statute or regulation;

· An unredacted copy of the complete technical evaluation for that particular offeror that includes a full description of the unsuccessful offeror’s strengths, weaknesses, risks, and deficiencies;

· An overall technical evaluation summary for that particular offeror and the successful offeror that includes evaluated price; overall technical ranking, rating, or score.

B.2. Component 2 - Request for Oral Feedback Meeting or Written Questions

Within three business days after receipt of the NODS, an offeror may, but is not required to:

· submit a written request to the contracting officer for an oral feedback meeting;

· submit a list of written questions to the contracting officer; or

· take no further action.

If the offeror timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required debriefing pursuant to FAR 15.506. If an offeror does not request an oral feedback meeting or submit a list of written questions within the three day time period, the INFORM 2.0 process is concluded and any subsequent request for a debriefing pursuant to FAR 15.506 will be considered a non-required debrief. The contracting officer may elect to grant a non-required debrief.

If the offeror submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the contracting officer’s response to the written questions will conclude the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506.

If the offeror requests an oral feedback meeting, the offeror should provide the following information:

· Primary point of contact;

· List of participants with titles (e.g., Senior Vice President);

· List of topics to assist GSA better prepare for the oral feedback meeting; and

· Preference for in-person, telephone, or web-based conferencing (if available).

B.3. Component 3 - Oral Feedback Meeting

During the oral feedback meeting, GSA’s objectives are to provide:

· Reasonable responses to written questions submitted by the offeror;

· Explanations for the evaluation conclusions and contract award decisions;

· Any additional information about the fairness and impartiality of the evaluation and why the award decision was rational;

· Reasonable responses to additional questions raised during the meeting;

· Additional transparency into the underlying competition process; and,

· A greater understanding of the evaluation and award process.

GSA will not provide any information that is prohibited by law or regulation.

B.4. Component 4 - Post Oral Feedback Meeting Questions

Within two business days after the conclusion of the oral feedback meeting, the offeror may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless otherwise noted by the contracting officer, the INFORM 2.0 process and any corresponding postaward debriefing as further set forth at FAR 15.506 will have concluded.

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

8.0 applicable clauses and provisions

Additional applicable provisions and clauses in full text are located in Attachment 7, provided as separate attachment.

Applicable Provisions by reference:

52.204-7 System for Award Management (Oct 2018) 52.204-16-Commercial and Government Entity Code Reporting (JUL 2016) 52.209-7-Information Regarding Responsibility Matters (OCT 2018) 52.212-1- Instructions to Offerors-Commercial Items (MAR 2020) 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data if DoD acquisition of commercial items Basic and A;t 1(July 2019) 252.215-7011 Requirements for Submission of Proposals to the Administrative Contracting Officer and Contract Auditor (Jan 2018) 252.215-7012 Requirements for Submission of Proposals via Electronic Media (Jan 2018) 52.222-56-Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015)

Applicable Clauses by reference:

52.203-3 Gratuities (Apr 1984) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.20316 Preventing Personal Conflicts of Interest (DEC 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.204-2 Security Requirements (Aug 1996) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-21Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.212-4 Contract Terms and Conditions—Commercial Items (Oct 2018) Alternate I (Oct 2018) 52.215-21Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (OCT 2010) 52.216-7 Allowable Cost and Payment (Aug 2018) 52.217-4 Evaluation of Options Exercised at Time of Contract Award.

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