Solicitation SP330020R5003 DLA Distribution Albany GA.pdf

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SP3300-20-R-5003

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM

NO.

SUPPLIES/ SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

PERFORMANCE YEAR: ONE

01/15/2021 through 01/14/2022

0001 Fixed Price (Applicable to CLIN 0001) 1 EA $1.00 ________________ Services to Perform Warehousing and Distribution Operations (Unless specifically identified separately in another CLIN, this CLIN encompasses Attachment J.1 Sections C-1 through C-6)

PoP: Nine Months 15 April 2021 through 14 January 2022

0002 Cost Reimbursement (Applicable to CLINS 0002, 0003, and 0004)

Non –Capital Equipment New or Replacement Costs (PWS Section C-4.2)

Estimated Cost $6,700.00 Not-to-Exceed (NTE) G&A Rate ____% ________________

Not-to-Exceed (NTE) 1 LOT ________________

0003 Material Support Costs (inclusive of CLINs 0001, 0005, and 0007)

Estimated Cost $21,328.00 Not-to-Exceed (NTE) G&A Rate ____% ________________

Not-to-Exceed (NTE) 1 LOT ________________

0004 Travel for Training and Conferences (PWS Sections C-3, C-4, and C-5)

Estimated Cost $1,750.00 Not-to-Exceed (NTE) G&A Rate ____% ________________

Not-to-Exceed (NTE) 1 LOT ________________

0005 Cost-Plus Fixed Fee (Applicable to CLIN 0005) Special Projects/Surge & Sustainment (PWS Section C-5.9)(See

Attachment J.5, Schedule B CLIN X005 Labor Rate Table, for applicable labor categories and labor rates)

Estimated Cost $42,671.12 Fixed Fee ____% ________________

Total Cost (Estimated Cost Plus Fixed Fee) 1 LOT ________________

Contract Data Requirements List (CDRL) in accordance with DD Form 1423. (Note: Contractor shall not price these items separately)

1 LOT NSP NSP

A001 – Monthly Contractor Employee CAC A002 - SOH Plan and Reporting

A003 – Transition Plan and Weekly Reports A004 – Training Report

A005 – Quality Control Plan A006 – Floor to Book Report (Portfolio)

A007 – Location Survey Schedule A008 – Monthly Report - Material Support CLIN A009 – Internal Order Number (ION) Reporting

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM

NO.

SUPPLIES/ SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

A010 – Limitations on Subcontracting Annual Report A012 – Monthly Report – Non-Cap Equip Replacement CLIN

A014 – Monthly Report – Travel and Training CLIN A015 – Monthly Report – Special Projects and SS CLIN

0007 Firm-Fixed Price (Applicable to CLIN 0007) 1 EA $1.00 ________________ Services to Perform Transition per C.1.7 (Unless specifically identified separately in another CLIN, this CLIN encompasses PWS Sections C-1 through C-6)

PoP: 3 Months 15 January 2021 through 14 April 2021

TOTAL ESTIMATED COST – YEAR ONE ________________

PERFORMANCE YEAR: TWO

01/15/2022 through 01/14/2023

1001 Fixed Price (Applicable to CLIN 1001) 1 EA $1.00 ________________ Services to Perform Warehousing and Distribution Operations (Unless specifically identified separately in another CLIN, this CLIN encompasses Attachment J.1 Sections C-1 through C-6)

PoP: Twelve Months

1002 Cost Reimbursement (Applicable to CLINS 1002, 1003, and 1004)

Non –Capital Equipment New or Replacement Costs (PWS Section C-4.2)

Estimated Cost $1,800.00 Not-to-Exceed (NTE) G&A Rate ____% ________________

Not-to-Exceed (NTE) 1 LOT ________________

1003 Material Support Costs (inclusive of CLINs 1001, 1005, and 1007)

Estimated Cost $1,199.75 Not-to-Exceed (NTE) G&A Rate ____% ________________

Not-to-Exceed (NTE) 1 LOT ________________

1004 Travel for Training and Conferences (PWS Sections C-3, C-4, and C-5)

Estimated Cost $1,750.00 Not-to-Exceed (NTE) G&A Rate ____% ________________

Not-to-Exceed (NTE) 1 LOT ________________

1005 Cost-Plus Fixed Fee (Applicable to CLIN 1005) Special Projects/Surge & Sustainment (PWS Section C-5.9)(See

Attachment J.5, Schedule B CLIN X005 Labor Rate Table, for applicable labor categories and labor rates)

Estimated Cost $58,203.41 Fixed Fee ____% ________________

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM

NO.

SUPPLIES/ SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

Total Cost (Estimated Cost Plus Fixed Fee) 1 LOT ________________

Contract Data Requirements List (CDRL) in accordance with DD Form 1423. (Note: Contractor shall not price these items separately)

1 LOT NSP NSP

A001 – Monthly Contractor Employee CAC A002 - SOH Plan and Reporting

A003 – Transition Plan and Weekly Reports A004 – Training Report

A005 – Quality Control Plan A006 – Floor to Book Report (Portfolio)

A007 – Location Survey Schedule A008 – Monthly Report - Material Support CLIN

A009 – Internal Order Number (ION) Reporting A010 – Limitations on Subcontracting Annual Report

A012 – Monthly Report – Non-Cap Equip Replacement CLIN A014 – Monthly Report – Travel and Training CLIN

A015 – Monthly Report – Special Projects and SS CLIN

TOTAL ESTIMATED COST – YEAR TWO ________________

PERFORMANCE YEAR: THREE

01/15/2023 through 01/14/2024

2001 Fixed Price (Applicable to CLIN 2001) 1 EA $1.00 ________________ Services to Perform Warehousing and Distribution Operations (Unless specifically identified separately in another CLIN, this CLIN encompasses Attachment J.1 Sections C-1 through C-6)

PoP: Twelve Months

2002 Cost Reimbursement (Applicable to CLINS 2002, 2003, and 2004)

Non –Capital Equipment New or Replacement Costs (PWS Section C-4.2)

Estimated Cost $1,800.00 Not-to-Exceed (NTE) G&A Rate ____% ________________

Not-to-Exceed (NTE) 1 LOT ________________

2003 Material Support Costs (inclusive of CLINs 2001, 2005, and 2007)

Estimated Cost $1,199.75 Not-to-Exceed (NTE) G&A Rate ____% ________________

Not-to-Exceed (NTE) 1 LOT ________________

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM

NO.

SUPPLIES/ SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

2004 Travel for Training and Conferences (PWS Sections C-3, C-4, and C-5)

Estimated Cost $1,750.00 Not-to-Exceed (NTE) G&A Rate ____% ________________

2005 Cost-Plus Fixed Fee (Applicable to CLIN 2005) Special Projects/Surge & Sustainment (PWS Section C-5.9)(See

Attachment J.5, Schedule B CLIN X005 Labor Rate Table, for applicable labor categories and labor rates)

Estimated Cost $59,542.09

Total Cost (Estimated Cost Plus Fixed Fee) 1 LOT ________________

Contract Data Requirements List (CDRL) in accordance with DD Form 1423. (Note: Contractor shall not price these items separately)

1 LOT NSP NSP

A001 – Monthly Contractor Employee CAC A002 - SOH Plan and Reporting A003 – Transition Plan and Weekly Reports

A004 – Training Report A005 – Quality Control Plan

A006 – Floor to Book Report (Portfolio)

A007 – Location Survey Schedule A008 – Monthly Report - Material Support CLIN

A010 – Limitations on Subcontracting Annual Report

A012 – Monthly Report – Non-Cap Equip Replacement CLIN A014 – Monthly Report – Travel and Training CLIN

A015 – Monthly Report – Special Projects and SS CLIN

TOTAL ESTIMATED COST – YEAR THREE ________________

PERFORMANCE YEAR: FOUR

01/15/2024 through 01/13/2025

3001 Fixed Price (Applicable to CLIN 3001) 1 EA $1.00 ________________ Services to Perform Warehousing and Distribution Operations

(Unless specifically identified separately in another CLIN, this CLIN encompasses Attachment J.1 Sections C-1 through C-6)

PoP: Twelve Months

3002 Cost Reimbursement

(Applicable to CLINS 3002, 3003, and 3004) Non –Capital Equipment New or Replacement Costs (PWS

Section C-4.2)

Estimated Cost $1,800.00

ITEM

NO.

SUPPLIES/ SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

3003 Material Support Costs (inclusive of CLINs 3001, 3005, and

3007)

Estimated Cost $1,199.75

3004 Travel for Training and Conferences (PWS Sections C-3, C-4, 3005 Cost-Plus Fixed Fee (Applicable to CLIN 3005)

Estimated Cost $60,911.56 separately)

1 LOT NSP NSP

A001 – Monthly Contractor Employee CAC A002 - SOH Plan and Reporting A003 – Transition Plan and Weekly Reports

A004 – Training Report

TOTAL ESTIMATED COST – YEAR FOUR ________________

PERFORMANCE YEAR: FIVE

01/14/2025 through 01/13/2026

4001 Fixed Price (Applicable to CLIN 4001) 1 EA $1.00 ________________

ITEM

NO.

SUPPLIES/ SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

Services to Perform Warehousing and Distribution Operations (Unless specifically identified separately in another CLIN, this CLIN encompasses Attachment J.1 Sections C-1 through C-6)

PoP: Twelve Months

4002 Cost Reimbursement

(Applicable to CLINS 4002, 4003, and 4004) Non –Capital Equipment New or Replacement Costs (PWS

Section C-4.2)

Estimated Cost $1,800.00

4003 Material Support Costs (inclusive of CLINs 4001, 4005, and

4007)

Estimated Cost $1,199.75

4004 Travel for Training and Conferences (PWS Sections C-3, C-4, 4005 Cost-Plus Fixed Fee (Applicable to CLIN 4005)

Estimated Cost $62,312.53 separately)

1 LOT NSP NSP

A001 – Monthly Contractor Employee CAC A002 - SOH Plan and Reporting A003 – Transition Plan and Weekly Reports

A004 – Training Report

ITEM

NO.

SUPPLIES/ SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

TOTAL ESTIMATED COST – YEAR FOUR ________________

TOTAL (FIVE YEARS) ESTIMATED COST

SECTION B – SUPPLIES OR SERVICES INSTRUCTIONS

This requirement is solicited as a competitive, 8(a) set-aside for Warehousing and Distribution Services at DLA Distribution, Albany, Georgia.

Any contract resulting from this solicitation will be awarded as an Indefinite Delivery, Indefinite Quantity contract with a five year ordering period. The resultant contract will be a hybrid contract with Firm-Fixed-Price, Cost Reimbursement No Fee, and Cost-Plus-Fixed-Fee line items.

The place of performance is DLA Distribution at Marine Corps Logistics Command (MCLC), Albany, Georgia.

The North American Industry Classification System (NAICS) code for this requirement is 493110 and the small business size standard is $30.0M.

The SBA Requirement Number is 0303-20-111819-01.

The solicitation will result in a hybrid, firm-fixed-price and cost reimbursement single award indefinite delivery indefinite quantity contract for a five-year ordering period with no options.

CLIN X001– LABOR SUPPORT – FIXED PRICE

Offerors shall invoice CLIN X001 in accordance with Section G-4.

SERVICE CONTRACT LABOR STANDARDS ACT:

CLINs X001 include labor subject to the Department of Labor, Service Contract Labor Standards Act (SCLA). Offerors must pay at least the direct wage and benefits identified in the attached Wage Determination; however, Offerors are encouraged to propose rates and benefits necessary to perform in accordance with the Offeror’s overall proposal. DIRECT LABOR RATES AND FRINGE BENEFITS IN EXCESS OF WAGE DETERMINATION MINIMUMS AS WELL AS ESCALATION FOR SCA LABOR MAY BE PROPOSED. If higher direct labor rates, fringe rates/benefits, or escalation are proposed, offerors may not receive increases when wage determinations are modified. Offerors are encouraged to review FAR 52.222-43(d) which outlies how wage determination changes are incorporated.

The Government aims to enable Offerors to propose realistic prices to perform as proposed. Offerors should clearly identify the increases in the cost proposal to enable adequate review and analysis.

CLINS X002, X003, and X004 – COST REIMBURSEMENT Offerors shall apply their applicable indirect rate to the estimated cost to arrive at the Not-To-Exceed (NTE) amount. The Contractor shall be reimbursed for actual cost and indirect rate as proposed only.

Offeror shall enter the Government provided Estimated Cost located in Section L. Offerors shall insert and apply their applicable indirect rate supported by their accounting system to this estimated cost to arrive at the NTE. Offerors shall enter the applicable indirect rate, dollar amount rates and the NTE in Section B. No fee shall be applied.

Offerors shall invoice CLINs X002, X003, and X004, in accordance with Section G-4. Offerors shall invoice all costs, including supplier and subcontractor costs, within 90 days from the period of performance completion date identified in the Task Order. Any contract expenses not invoiced within this timeframe may be determined unallowable by the Contracting Officer.

At 90 days, the Government will evaluate all costs billed and allowable for the CLINs. Any excess funds will be removed via unilateral modification by the Government.

CLIN X005 – COST PLUS FIXED FEE

Costs for Special Projects/Surge & Sustainment to include direct labor shall be reimbursed at actual cost plus applicable indirect costs and fixed fee. In accordance with FAR 15.404-4(c)(4)(i)(C), the fixed fee shall not exceed 10% of the contract’s estimated cost, excluding fee. CLINs X004 shall be invoiced in accordance with SECTION G, DFARS 252.232-7006 -- Wide Area Work Flow Payment Instructions (DEC 2018).

Offeror shall enter the Government provided estimated cost. Offerors shall insert and apply their applicable Fixed Fee to this estimated cost to arrive at the Total Cost.

Offerors shall invoice CLIN X005 in accordance with Section G-4. Offerors shall invoice all costs, including supplier and subcontractor costs, within 90 days from the period of performance completion date identified in the Task Order. The Contracting Officer may determine any contract expenses not invoiced within this timeframe unallowable.

At 90 days, the Government will evaluate all costs billed and allowable for the CLINs. The Government will remove any excess funds via unilateral modification.

CLINS X006 – CONTRACT DATA REQUIREMENTS LIST – REPORTING REQUIREMENTS – NSP

Reporting requirements. Not Separately Priced. While these CLINs are not separately priced, it is anticipated and is acceptable that the Contractor will be reimbursed for the execution of this CLIN. Costs associated with this effort shall be captured under CLINs X001.

CLIN 0007 TRANSITION – FIRM-FIXED PRICE (FFP)

All labor shall be paid on firm fixed price per month basis. Offerors shall propose a Quantity * $1.00 (Unit Price) to arrive at a Total Amount.

Offerors shall invoice CLIN 0007 in accordance with Section G-4.

SERVICE CONTRACT LABOR STANDARDS (formerly known as the Service Contract Act of 1965):

CLINs X001 include labor subject to the Department of Labor, Service Contract Labor Standards (formerly known as the Service Contract Act of 1965). Offerors must pay at least the direct wage and benefits identified in the attached Wage Determination; however, Offerors are encouraged to propose rates and benefits necessary to perform in accordance with the Offeror’s overall proposal. DIRECT LABOR RATES AND FRINGE BENEFITS IN EXCESS OF WAGE DETERMINATION MINIMUMS AS WELL AS ESCALATION FOR SCA LABOR MAY BE PROPOSED. If higher direct labor rates, fringe rates/benefits, or escalation is proposed, offerors may not receive increases when wage determinations are modified; therefore, offerors shall ensure that any proposed escalation rates are commensurate with the commercial marketplace. Offerors are encouraged to review FAR 52.222-43(d), which outlies how wage determination changes are incorporated.

The Government aims to enable Offerors to propose realistic prices to perform as proposed. Offerors should clearly identify the increases in the cost proposal to enable adequate review and analysis.

IDIQ MINIMUM AND MAXIMUM QUANTITIES:

As referred to in paragraph (b) of FAR Clause 52.216-22 Indefinite Quantity (reference Section I), the minimum value of the services is $250,000.00 for the entire contract. The maximum value of the services is $24,829,221.69

IDIQ TASK ORDERS

The Government intends to issue a Task Order for a full year of performance.

Task Orders issued under the resultant contract may be issued unilaterally or bilaterally and determined by the Contracting Officer.

If requirements remain as identified in the basic contract, a Request for Proposal will not be issued and a Task Order will be utilizing the pricing in the basic contract. If requirements vary from the basic contract, a Request for Proposal will be issued and the Contractor will propose the number of hours for each applicable labor type. The Government and Contractor will negotiate pricing for the Task Order based on the number of hours agreed to by both parties. The labor rate, fringe benefits, G&A, and profit will remain as proposed for the basic contract. The proposal shall contain a consistent approach to staffing as identified in the Contractor’s proposal which is incorporated into the basic contract.

LIMITATIONS ON INDIRECT COST RATES –CLINs X002, X003, X004, and X005:

(a) Pursuant to FAR 42.707, an indirect cost rate ceiling is incorporated into the contract. "Indirect cost" is defined as set forth at FAR 31.001 and 31.203. "Indirect cost rate" is defined as set forth at FAR 42.701.

(b) Notwithstanding the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), the allowable indirect cost under this contract shall be obtained by applying limitations on indirect cost rates to bases agreed upon by the parties, as specified below.

(c) Allowability of costs and acceptability of cost allocation methods shall be determined in accordance with FAR Subpart 31.2 in effect on the date of this contract, as limited by the indirect cost rates established by this requirement.

(d) The indirect cost rates contained in the Contractor's and Subcontractor’s accepted contract proposal shall be incorporated into the contract schedule as limitations on indirect cost rates for each Contractor fiscal year of contract performance. The basis to which the indirect cost rates apply shall be those contained in the Contractor's and Subcontractor’s accepted contract proposal and hereby, incorporated into the contract schedule, in accordance with the Contractor's and Subcontractor’s accounting system upon which its proposal was based.

(e) The Government will not be obligated to pay any additional amount should any final indirect cost rates for any Contractor fiscal year (or for any different period agreed to by the parties) exceed the indirect rates incorporated into the contract schedule. In the event any of the Contractor's or Subcontractor’s final indirect cost rates are less than the indirect cost rates incorporated into the contract schedule, the incorporated rates shall be reduced to conform with the lower rates.

(f) The limitations on indirect cost rate shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. If facilities capital cost of money is proposed as an allowable cost, the rates proposed shall be subject to the limitations imposed by this requirement.

(g) The limitations on the indirect cost rate shall apply to all work performed under the contract, and to all change orders and supplemental agreements, including changes due to growth, supplemental, emergent and new work.

(h) Notwithstanding any of the terms of this requirement, should the Contractor initiate a change to its accounting systems which would alter the composition of any overhead base or pool effected by this requirement, the Contracting Officer and Contractor shall negotiate to determine the rate ceilings to be applied to the overhead pools, provided that no agreement shall be made which would increase the costs paid by the United States under this contract. Only those rates proposed and incorporated at the time of award will be considered, no new rates will be added, and no increase in costs will be accepted.

ACCESS TO RESTRICTED SOLICITATION ATTACHMENTS

Access to restricted solicitation documents is available through the Safe Access File Exchange (SAFE).

Restricted access documents that pertain to this solicitation are as follows:

Technical Library (including Standard Operating Procedures) Technical Exhibits

To request the attachments please provide the following information to Brian Keckler by e-mail at brian.keckler@dla.mil:

Legal Name Email Address Company Name Cage Code

Access to this Attachment will only be considered for vendors who are contemplating submitting a proposal in response to this solicitation.

Offerors must be registered in the System for Award Management (SAM) Registration database. Registration may be done online at https://www.sam.gov. In order to limit control of the RFP Attachment, documents must be handled as “For Official Use Only.” All offerors, other than the awardee, are required to destroy the Attachment once contract award is announced.

If it is determined you are eligible to receive the Attachment, you will be receive a separate email with a link and a password to access the Request for Proposal Attachment. This link to the Attachment will expire in two (2) days if not accessed.

Further instructions on the use of DoD SAFE are available at https://safe.apps.mil/about.php

END OF SECTION B

SECTION C – DESCRIPTION/SPECS/WORK STATEMENT

See Section J – List of Attachments

Attachment J.1: Section C – Performance Work Statement

C-01 Changes to Key Personnel (OCT 2016)

Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "key personnel" and are those persons whose resumes are submitted as part of the technical/business proposal for evaluation. The contractor shall use key personnel as identified in its proposal during the performance of this contract and will request contracting officer approval prior to any changes. Requests for approval of any changes shall be in writing with a detailed explanation of the circumstances necessitating the change. The request must contain a complete resume for the new key personnel and any other pertinent information, such as degrees, certifications, and work history. New key personnel must have qualifications that are equal to or higher than those being replaced. The contracting officer will evaluate the request and notify the contractor whether the requested change is acceptable to the Government.

C-02 Tailored Logistics Support Purchasing Reviews (FEB 2017)

(1) From the commencement of performance of this contract until 3 years after the final contract payment, the contractor must allow the contracting officer, ACO, Defense Contract Management Agency (DCMA), Defense Contract Audit Agency (DCAA), and any other duly authorized representative of the contracting officer access to all records and information pertaining to those items or services for which the Government is relying on the contractor’s purchasing system to determine that competition was obtained or to justify that prices are fair and reasonable. The contractor must maintain records subject to this clause for not less than 3 years after the contract final payment.

(2) The contracting officer may conduct reviews of purchased items or services provided under this contract regardless of dollar value that meet the criteria in paragraph (1) to ascertain whether the contractor has obtained the best value. The contractor must obtain competition to the maximum extent practicable for all purchases. Prior to purchasing any supplies or services, the contractor must solicit a competitive quotation from at least two independently-competing firms. For other than sole source items, the request for quotations must, to the maximum extent practical, solicit offers from different manufacturers or producers. If the contractor is unable to obtain quotes for competing items from two or more independently-competing firms, the contractor must retain documentation supporting its rationale for selection of the suppliers solicited and selected and its determination that the price was fair and reasonable. The contractor is responsible for maintaining this documentation for all sole source/noncompetitive actions.

The following price reasonableness and documentation requirements are applicable to all purchases, regardless of dollar value:

(i) A price is reasonable if it does not exceed a price incurred by a prudent person in the conduct of competitive business. The contracting officer will examine the prices with particular care in connection with buys that may not be subject to effective competition restraints. The contractor’s price will not be presumed to be reasonable. If an initial review of the facts results in a challenge of a specific price by the contracting officer or the contracting officer’s representative, the burden of proof must be upon the contractor to establish that the price is reasonable under the standards in FAR Subpart 15.4 and FAR 31.201-3.

(ii) The contractor must keep the documentation to a minimum, but must retain data supporting the purchases either by paper or electronically. At a minimum, price quotations and invoices must be retained. Should the contractor receive an oral price quotation, the contractor must document who the supplier or subcontractor is by complete name, address, telephone number, price, terms and other conditions quoted by each vendor. Price quotes for supplies must be broken down by individual items, shipping costs, and any other included expenses. Price quotes for incidental services which are not pre- priced in the contract must include labor hours and costs or prices, as applicable, including the total price of the job, individual pricing for the portions of the work if applicable, materials, and all other elements of cost, overhead, and profit. This price breakdown documentation must be made for each subcontractor performing work on this contract.

(3) When applicable, if the contractor is purchasing from subcontractors or other sources and receives a discount or rebates, the contractor must immediately pass these savings to the Government in the contract price and invoice for payment. The contractor is required to use diligence in the selection of the most economical method of delivery of the product or services by selecting a best value method of delivery based on the urgency and nature of the work or product required. When labor hours are involved in the work to be accomplished and the contractor has not already pre-priced the effort to use its own labor force, the contractor must provide the labor at rates required by the contract (for example, Service Contract Act or Davis-Bacon Act rates) or at rates based on competition if mandatory rates are not required by the contract.

(4) If the contracting officer determines that the purchased product or service is unreasonably priced, the contractor must refund to the Government the amount the contracting officer determines is in excess of a reasonable price.

The contracting officer must notify the contractor in writing in accordance with FAR 32.604 Demand for Payment, giving the basis for the determination and the amount to be refunded. The contractor must make the refund payment in accordance with directions from the contracting officer, and must provide proof of the refund payment to the contracting officer. The contracting officer may collect the amount due using all available means in accordance with FAR Subpart 32.6. FAR 52.232-17, Interest, is applicable to payments not made within 30 days of the demand for payment. Any disputes arising under this provision must be handled in accordance with the “Disputes” clause of this contract.

END OF SECTION C

SECTION D – PACKAGING AND MARKING

No Applicable Clauses

END OF SECTION D

SECTION E - INSPECTION AND ACCEPTANCE

CLAUSE(S) INCORPORATED BY REFERENCE

Clause(s) Applicable to Fixed Price CLINs X001 and 0007:

FAR CLAUSE TITLE DATE

E-1 52.246-4 Inspection of Services – Fixed-Price AUG 1996 E-2 52.246-16 Responsibility for Supplies APR 1984

Clause(s) Applicable to Cost-Reimbursement CLIN X002-X005:

E-3 52.246-3 Inspection of Supplies – Cost-Reimbursement MAY 2001 E-4 52.246-5 Inspection of Services – Cost-Reimbursement APR 1984

CLAUSE(S) INCORPORATED BY FULL TEXT

Text Applicable to All CLINs

E-5 Quality/Performance Evaluation

(a) The Government will use a Quality Assurance Surveillance Plan (QASP) IAW FAR 46.401, to monitor compliance with contract terms and conditions, identify conforming and non-conforming services to determine appropriate action under the terms of the contract. This plan sets forth the method and manner by which the Government intends to conduct surveillance of work under the contract, identifies the significance level of each performance requirement according to the definitions for critical, major, and minor non-conformances IAW FAR 46.101, and is subject to unilateral change by the Government without modification of the contract. All work required by the contract is subject to surveillance. The Government will use a web-based Quality Management Tool (QMT) application to schedule, document, report findings, observations, and recommendations, and file surveillance results. The QMT will also be used to provide completed surveillance documentation to the contractor. The Contractor shall use the QMT to respond to all nonconforming surveillance results. The Government will correspond with the Contractor regarding surveillance activities via the QMT to ensure a full and complete history of the surveillance is retained in a single source. The Contractor shall identify contractor personnel who have the authority to review, acknowledge, and respond to surveillance results and findings in the QMT.

(b) The Contractor shall acknowledge all surveillance results through the QMT within one (1) working day. In addition, and in the event of a nonconformance, the Contractor shall provide a corrective action plan that includes preventive actions and timelines to mitigate future non-compliance when requested by the Contracting Officer’s Representative (COR) in the QMT by the date requested. The Contractor shall update their Quality Control Plan (QCP) IAW CDRL A005 as applicable with actions taken and methods to prevent future occurrences.

(c) The Contractor shall ensure all correspondence with the COR regarding surveillance activities is performed using QMT.

When the Contractor fails to achieve acceptable performance and such nonconformance is clearly the fault of the contractor, the COR may, at their discretion, document the performance issues and forward it to the Contracting Officer (KO) for consideration of a Letter of Concern (LOC) IAW F-5. In response to the LOC, the contractor shall explain within the suspense timeframe in the LOC, in writing, why performance was unacceptable, how performance will be returned to acceptable levels and how recurrence of the problem will be prevented in the future. The KO will evaluate the contractor’s explanation and determine the appropriate action. If additions or changes are made for the Contractor’s Quality Control Inspections as a result of the LOC, the Contractor shall update their QCP IAW CDRL A005.

(d) Government contract quality assurance actions described above in no way limits the Governments’ available contractual remedies for nonconformance under any other provisions of the contract.

(End of Text E-6)

END OF SECTION E

SECTION F - DELIVERIES OR PERFORMANCE

Clause(s) Applicable to All CLINS

FAR CLAUSE TITLE DATE

F-1 52.242-15 Stop-Work Order AUG 1989

Alternate 1 APR 1984 F-2 52.247-34 F.O.B. Destination NOV 1991

F-3 Period of Performance

Services shall be performed as prescribed by the basic contract and all attachments. Primary services are identified in Attachment J.1 – Performance Work Statement.

The ordering period for the contract is from 15 January 2021 through 13 January 2026.

(End of Text F-3)

F-4 Acceptable Performance Levels

The Contractor is responsible for ensuring performance meets or exceeds Acceptable Performance Levels as identified in Technical Exhibit 5.0. In the event one or more Acceptable Performance Levels are not met, the Contractor must provide analysis and information to the Contracting Officer or designee by the 3rd working day of the following month. Information shall include root cause analysis and corrective actions to ensure the Acceptable Performance Level returns to the required level.

If the Contractor identifies that one or more Acceptable Performance Levels were not met due to circumstances outside the Contractor’s control, the Contractor shall include details and a request for a waiver of the Acceptable Performance Level.

This request shall be provided to the Contracting Officer or designee with a copy to the Acquisition Specialist by the 3rd working day of the following month. The information and request will be considered with disposition provided to the Contractor by the 10th working day of the following month. Late Contractor requests will not be considered and may be subject to a Letter of Concern.

(End of Text F-4)

F-5 Letters of Concern

The Government utilizes Letters of Concern to relay contractual compliance issues that require attention and formal resolution. They are sent to address serious concerns with performance including, but not limited, to the following:

-Safety or Security violations -Quality Non-Compliances: Critical, Major, Repeat Minor, or any combination thereof -Failure to implement Corrective Actions as proposed -Missed Acceptable Performance Levels -Failure to deliver or implement Contract Data Requirements List (CDRLs) deliverables -Staffing (in excess or below what is proposed) -Failure to fill key positions -Continued turnover

-Non-APL contractual requirements (e.g. Customer Service, Untimely equipment maintenance, etc.)

-Audit Readiness non-compliances -Lost Inventory -Accounting System Issues (CAS non-compliances, lack of responses to DCAA, mischarging, etc.)

-Invoicing Issues -Unapproved or uncoordinated overtime -Department of Labor and/or Wage Determination violations -Untimely proposal, modification, or correspondence responses -Failure to implement proposal solutions (proposal incorporated into the contract by reference) -Other Items as determined by the Contracting Officer

The Contracting Officer determines when an issue rises to the level of this type of correspondence. If the Letter of Concern will address multiple non-compliances, the letter will identify how many of the items are subject to this clause. A Letter of Concern may be sent more than once for an issue if initial corrective actions are not completed timely or there are repeat issues.

Letters of Concern will be sent to the Contractor’s contracting point of contact and will include a response due date and time.

If a response is not received or the Contractor concurs with the assessment, the Government will finalize the Letter of Concern and consider it toward the formula utilized for calculation of consideration. Once the Contracting Officer has made the final determination regarding the Letter of Concern, the Contractor will be notified of the decision, the contract will be documented accordingly, and the issue will not be subject to further consideration.

Letters of Concern regarding Acceptable Performance Levels will automatically be assessed if the Contractor responds with an untimely waiver request. Timeframes for waiver consideration are identified in F-4.

This clause does not limit the Government’s ability to pursue deductions and/or consideration for egregious non-compliances or overall failure to meet contract terms and conditions.

(End of Text F-5)

F-6 Deductions

In accordance with FAR clause 52.246-4 Inspection of Services - Fixed Price, if any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements;

and

(2) Reduce the contract price to reflect the reduced value of the services performed.

In accordance with FAR clause 52.246-5 Inspection of Services-Cost-Reimbursement, if any of the services performed do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements;

and

(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.

(End of Text F-6)

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

ACCOUNTING AND APPROPRIATION DATA

Since this is an IDIQ acquisition, there will be no funding on the base contract. The minimum guaranteed amount will be certified as available and obligated at contract award. It is anticipated that the minimum guaranteed amount will be paid to the contractor under the first task order.

Clause(s) Applicable to All CLINs

DFARS CLAUSE TITLE DATE

G-1 252.204-7006 Billing Instructions OCT 2005

G-2 DFARS 252.232-7006 -- Wide Area WorkFlow Payment Instructions (DEC 2018)

(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.

2-in-1 Invoice for the Firm-Fixed-Price (FFP) (CLINs X001 and 0007) Cost Voucher (Cost CLINs X002, X003, X004, and X005)

(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.

2-in-1 Invoice for the Firm-Fixed-Price (FFP) (CLINs X001, and 0007)

Cost Voucher (Cost CLINs X002, X003, X004, and X005)

(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 item financing, submit a commercial item 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*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP3300 Admin DoDAAC SP3300 Inspect By DoDAAC

Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) To be completed at time of award

Service Acceptor (DoDAAC) DoDAAC where COR/POC is located To be completed at time of award

Accept at Other DoDAAC To be completed at time of award LPO DoDAAC

DCAA Auditor DoDAAC DoDAAC of cognizant DCAA Office for Successful Offeror To be completed at time of award

Other DoDAAC(s)

(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.

Brian.keckler@dla.mil

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

(End of clause)

G-3 WAWF INVOICING PROCEDURES

Invoices shall be submitted in accordance with WAWF procedures provided in DFARS Clause 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018). The points of contact for Invoicing are listed below.

WAWF POINT OF CONTACT TABLE FOR INVOICING

DLA Distribution

DODAAC

COR: To Be Completed at Time of Contract Award DLA Distribution Com:

Email:

Invoices shall be submitted monthly in arrears. Invoices shall contain all required price and cost documentation, as applicable.

Invoices shall be neat and legible and clearly state the applicable CLINs, date of performance, labor hours, repair parts and associated costs, travel costs, and all other applicable information. Invoices shall include a separate Invoice Summary by month and by CLIN showing the monthly costs and cumulative costs per year. This shall be reviewed by the COR and Contract Specialist to insure that contract requirements as stated in the Schedule of Supplies/Services are being performed within the contract funding totals. iRAPT submission of invoices shall follow CDRL submission and COR approval. The approved CDRL shall be uploaded as an attachment in iRAPT.

(End of Text G-3)

G-4 Invoicing Instruction

(a) Invoices shall be submitted not later than the tenth (10th) working day after the end of the previous month in accordance with instructions provided in DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018). In accordance with DFARS 252.232-7006 and FAR 52.216-7 Allowable Cost and Payment (AUG 2018). The amount claimed to be due shall be indicated for the Contract and Contract Line Item Numbers (CLINs).

(b) Firm-Fixed Price (FFP) CLINs (X001 and 0007) shall be paid at the unit price on a monthly basis.

(c) Reimbursement requests for Cost Reimbursement CLINs X002, X003, and X004 shall be documented using the report format in Section C-6.5, Mandatory Reports, CDRLs A008, A012, and A014, CLINs X002, X003, and X004 Monthly Cost Report. The reports shall be included in the Wide Area Workflow system as supporting documentation for the invoice. Documentation shall be provided which fully supports the amount claimed for payment IAW FAR 31.205 such as paid receipts for materials purchased, copies of quotes obtained, paid receipts for travel costs, detailed per diem statements IAW the Joint Travel Regulations, etc. The Government will reimburse the Contractor for actual costs plus applicable indirect costs per Section B of the contract. The prime contractor may include Material Handling expense at TBD% except for subcontractor costs that have already included material handling or G&A costs. No Fee is allowed under these CLINs.

(d) Reimbursement requests for Cost-Plus-Fixed-Fee (CPFF) CLIN X005 shall be fully documented with Contractor payroll records showing name, labor category, labor rate, and hours worked using the report format in Section C-6.5, Mandatory Reports, CDRL A015, Monthly Cost Report for Special Projects – Surge/Sustainment CLINs X005. The report shall be included in the Wide Area Workflow system as supporting documentation for the invoice. The contractor shall invoice at the percentage rates of fixed fee identified in Section B of this contract. Costs shall be reimbursed at actual cost plus applicable indirect costs per Section B of the contract. Fixed Fee for CLIN X005 shall be billed at 1/nth of the fee amount per month where "n" equals the number of months in the period of performance for the CLIN.

(End of Text G-4)

G-5 Designation of COR/Alternate COR

(a) The Contracting Officer (KO) will designate a COR/Alternate COR for this contract in writing prior to performance. The COR/Alternate COR is responsible for monitoring progress and overall management of Contractor performance hereunder.

In no event, however, shall any understanding or agreement, modification, change order, or other matter deviating from the terms of subject contract between the Contractor and any person other than the KO be effective or binding upon the Government, unless formalized by proper contractual documents executed by the KO prior to completion of this contract.

(b) On all matters that pertain to contract terms, the Contractor shall contact the KO. When, in the opinion of the Contractor, the COR/Alternate COR requests effort outside the existing scope of the order or contract, the Contractor shall promptly notify the KO in writing. The Contractor under such request shall take no action unless authorized by the KO that the request is within the scope of the contract or the KO has issued a contractual modification.

(End of Text G-5)

G-6 Payment, Selected Items of Cost Reimbursement Contracts

Travel Costs

(1) Air: The Contractor shall be reimbursed for the actual cost of transportation via air, provided, such costs are the lowest customary standard, coach, or equivalent airfare offered during normal business hours, unless higher fares are justified in accordance with FAR 31.205-46(b).

(2) Privately Owned Conveyance: Reimbursement for the use of privately owned conveyance by the Contractor’s personnel will be at the mileage rate specified in the Joint Travel Regulations plus all necessary tolls when such travel is necessary for performance under this contract and does not constitute non-reimbursable travel as defined below.

(3) Auto Rental: Reimbursement for the use of rental cars (most economical class available consistent with the need) by the

Contractor’s personnel will be at actual cost.

(4) Other Public…