Conformed Sections B through M 27 April 2010.pdf

SECTION B

CONTINUATION SHEET SP3300-10-R-0020

Conformed through Amendment 0001

PREVIOUS EDITION USABLE 3609 STANDARD FORM 36 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR)53.111

Item No.

Supplies/ Services QUANTITY UNIT UNIT PRICE AMOUNT

Part 1 – The Schedule Section B – Supplies or Services and Prices/Costs

BASE PERIOD

CLINs 0001 – 0010 Effective from date of contract award through 12 Months thereafter.

FIRM FIXED PRICE

0001AA

Sixty-Day Start Up Period IAW Section C- 1.7 effective from date of contract award through two (2) Months thereafter

Labor – Warehouse Preparation IAW Section C-1.7 of the PWS.

DOCUMENT #

Months

0001AB

Labor – Information Technology Installation IAW Section C-1.7

2 Months $__________ $_______________

0002AA

Stock Transfer IAW Section C.1.7.

Stock Transfer effective from 61 days after contract award through 171 days after contract award

Days

0003 Phase In - Labor - Distribution Operations IAW Section

C.1.7 effective 61 days after contract award through 180 days after contract award

0003AA Labor (Day 61-90) Phase-In, Month One

Month

0003AB Labor (Day 91-120) Phase-In, Month Two

0003AC Labor (Day 121-150) Phase-In, Month Three

0003AD Labor (Day 151-180) Phase-In, Month Four

0003AE Labor - Full Performance of distribution operations

IAW C-4 through C-6 of the PWS, effective 181 days after contract award through the expiration of the base year.

Conformed through Amendment 0001

PREVIOUS EDITION USABLE 3609 STANDARD FORM 36 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR)53.111

Item No.

Supplies/ Services QUANTITY UNIT UNIT PRICE AMOUNT

0004 Phase In – Contractor Furnished Equipment for

Distribution Operations IAW Section C.4.3 and Technical Exhibit (TE) E. 4.3., effective from 61 days after contract award through 180 days after contract award

0004AA Equipment

(Day 61 – 90) Phase-In, Month One

0004AB Equipment

(Day 91– 120) Phase-In, Month Two

0004AC Equipment

1 Month $_________ $______________

0004AD Equipment

1 Month $_________ $______________

0004AE Equipment IAW Section C.4.3 and TE 4.4, required for full performance, effective 181 days after contract award date through the expiration of the base year

6 Months $_________ $______________

Firm-Fixed Price 0005 Facilities IAW Section C-4.2. Facility price shall be inclusive of the contractor-furnished support services identified in Section C-4.5

0005AA Indoor storage space 697,000 DOCUMENT # 12 Months $__________ $_______________

0005AB Outdoor storage space 800,000 SF DOCUMENT # 12 Months $__________ $_______________

Option Item 0005AC Office space 3,000 SF DOCUMENT # 12 Months $__________ $_______________

Firm-Fixed Price 0006 Mobilization in support of CLIN 0001-0003 IAW

Section B instructions.

0006AA Mobilization (Day 1-30) Start-Up, Month 1 1 Month $__________ $_______________

Conformed through Amendment 0001

PREVIOUS EDITION USABLE 3609 STANDARD FORM 36 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR)53.111

Item No.

Supplies/ Services QUANTITY UNIT UNIT PRICE AMOUNT

0006AB Mobilization (Day 31-60) Start-Up, Month Two

0006AC Mobilization (Day 61-90) Phase In, Month One

0006AD Mobilization (Day 91-120) Phase-In, Month Two

0006AE Mobilization

0006AF Mobilization

0006AG Mobilization Effective 181 days from the effective date of the contract through the expiration of the base year.

Firm-Fixed Price 0007 Preventive Maintenance for Government Furnished

Equipment – See T.E. 3.1, 3.2, and 4.2. GFE to be provided beginning Six (6) Months after the effective date of the contract.

Cost Reimbursement/NO FEE 0008 Material Support Costs/Other Direct Cost IAW the

PWS.

Government provided estimate cost $9,540,000.00 *G&A or Other Indirect Rate ______% $_______________ Total Not-To-Exceed Amount 1 Lot $_______________

FIRM FIXED PRICE

0009 OPTION. Phase Out IAW Section C.1.9 and Phase

Out Plan

1 Lot $_______________

0010 Reporting Requirements IAW Section C and Exhibits NSP = Not Separately Priced 1 Lot NSP

TOTAL ESTIMATED AMOUNT – BASE YEAR $_______________

Conformed through Amendment 0001

PREVIOUS EDITION USABLE 3609 STANDARD FORM 36 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR)53.111

Item

Option Year One

CLINs 1001 – 1010, effective upon completion of the base year through 12 months thereafter

1001 RESERVED

1002 RESERVED

FIRM FIXED PRICE

1003 Labor IAW Section C-4 through C-6 required for Full

Performance, effective upon completion of the base year through 12 months thereafter

1003AA Labor, Full Performance

12 Months $__________ $_______________

1004 Equipment IAW Section C.4.3 and TE 4.4, required for full performance, effective upon completion of the base year through 12 months thereafter

1004AA Equipment, Full Performance

1005 Facilities IAW Section C-4.2. Facility price shall be identified in Section C-4.5 of the PWS

1005AA Indoor storage space 697,000 SF

1005AB Outdoor storage space 800,000 SF DOCUMENT # 12 Months $__________ $_______________

1005AC Option Item Office space 3,000 SF DOCUMENT # 12 Months $__________ $_______________

FIRM FIXED PRICE

1006 Mobilization in support of CLIN 1003 IAW Secion B instructions. Effective upon completion of the base year through 12 months thereafter.

1006AA Mobilization, Full Performance

DOCUMENT # 12 Months $__________

1007 Preventive Maintenance for Government Furnished

Equipment – See T.E. 3.1, 3.2, and 4.2. Full Performance

Conformed through Amendment 0001

PREVIOUS EDITION USABLE 3609 STANDARD FORM 36 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR)53.111

Item

1008 Material Support Costs IAW the PWS

Government provided estimate cost $4,935,000.00

Total Not-To-Exceed Amount 1 Lot $_______________

FIRM FIXED PRICE

1009 OPTION. Phase Out IAW Section C.1.9 and Phase

Out Plan

1 Lot

1010 Reporting Requirements IAW Section C and Exhibits NSP = Not Separately Priced 1 LOT NSP

TOTAL ESTIMATED AMOUNT – OPTION YEAR

ONE

Conformed through Amendment 0001

PREVIOUS EDITION USABLE 3609 STANDARD FORM 36 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR)53.111

Item No.

Supplies/ Services QUANTITY UNIT UNIT PRICE AMOUNT

Option Year Two CLINs 2001 – 2010, effective upon completion of

Option Year One through 12 months thereafter

2001 RESERVED

2002 RESERVED

FIRM FIXED PRICE

2003 Labor IAW Section C-4 through C-6 of the PWS required for Full Performance, effective upon completion of Option Year One through 12 months thereafter

2003AA Labor, Full Performance

2004 Equipment IAW Section C.4.3 and TE 4.4, required for full performance, effective upon completion of Option Year One through 12 months thereafter

2004AA Equipment, Full Performance

2005 Facilities IAW Section C-4.2 of the PWS. Facility price shall be inclusive of the contractor-furnished support services identified in Section C-4.5 of the PWS

2005AA Indoor storage space 697,000

2005AB Outdoor storage space 800,000 SF DOCUMENT # 12 Months $__________ $_______________

2005AC Option Item Office space 3,000 SF DOCUMENT # 12 Months $__________ $_______________

FIRM FIXED PRICE

2006 Mobilization in support of CLIN 2003, effective upon completion of Option Year One through 12 months thereafter.

2006AA Mobilization, Full Performance

2007 Preventive Maintenance for Government Furnished

Equipment – See T.E.3.1, 3.2, and 4.2. Full Performance

DOCUMENT #

12 Months

Conformed through Amendment 0001

PREVIOUS EDITION USABLE 3609 STANDARD FORM 36 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR)53.111

Item

2008 Material Support Costs IAW Sections C.1.7.4, C.1.7.5, and C-4.4 of the PWS.

Government provided estimate cost $4,800,000.00

Total Not-To-Exceed Amount 1 Lot $_______________

FIRM FIXED PRICE

2009 OPTION. Phase Out IAW Section C.1.9 and Phase

Out Plan DOCUMENT # 1 Lot

2010 Reporting Requirements IAW Section C and Exhibits NSP = Not Separately Priced 1 LOT NSP

TWO

Conformed through Amendment 0001

PREVIOUS EDITION USABLE 3609 STANDARD FORM 36 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR)53.111

Item No.

Supplies/ Services QUANTITY UNIT UNIT PRICE AMOUNT

Option Year Three CLINs 3001 – 3010, effective upon completion of

Option Year Two through 12 months thereafter

3001 RESERVED

3002 RESERVED

FIRM FIXED PRICE

3003 Labor IAW Section C-4 through C-6 required for Full

Performance, effective upon completion of Option Year Two through 12 months thereafter

3003AA Labor, Full Performance

12 Months

3004 Equipment IAW Section C.4.3 and TE 4.4, required for full performance, effective upon completion of Option Year Two through 12 months thereafter

3004AA Equipment, Full Performance

12 Months

3005 Facilities IAW Section C-4.2. Facility price shall be identified in Section C-4.5 of the PWS 12 Months

3005AA Indoor storage space 697,000

3005AB Outdoor storage space 800,000 SF DOCUMENT # 12 Months $__________ $_______________

3005AC Option Item Office space 3,000 SF DOCUMENT # 12 Months $__________ $_______________

FIRM FIXED PRICE

3006 Mobilization in support of CLIN 3003 IAW Section B instructions. Effective upon completion of Option Year Two through 12 months thereafter

3006AA Mobilization, Full Performance

3007 Preventive Maintenance for Government Furnished

Equipment – See T.E. 3.1, 3.2, and 4.2. Full Performance

DOCUMENT #

12 Months

Conformed through Amendment 0001

PREVIOUS EDITION USABLE 3609 STANDARD FORM 36 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR)53.111

Item

3008 Material Support Costs IAW Sections C.1.7.4, C.1.7.5, and C-4.4 of the PWS.

Government provided estimate cost $4,500,000.00 *G&A or Other Indirect Rate ______% $_______________ Total Not-To-Exceed Amount 1 LOT $_______________

FIRM FIXED PRICE

3009 Phase Out IAW Section C.1.9 and Phase Out Plan

3010 Reporting Requirements IAW Section C and Exhibits NSP = Not Separately Priced 1 LOT NSP

THREE

Total Estimated Amount – BASE YEAR + Option

Year One + Option Year Two + Option Year Three

SECTION B INSTRUCTIONS

1. This is a hybrid Firm-Fixed Price (FFP)/Cost Reimbursement (CR) type contract. This contract will provide for one base year and three one-year option periods to provide for storage and distribution services in the Central Command Area of Responsibility (CENTCOM AOR).

2. FIRM FIXED PRICE (FFP) ARRANGEMENT – CLINs X001, X002, X003, X004, X005, X006, and X007

The contractor shall insert the price for labor in CLINs X001 and X003 inclusive of all direct labor costs, major subcontracts, fringe and other indirect costs, and profit. The contractor shall insert the price for CLIN X002, Stock Transfer, as a daily price to transport stock from the current DDKS compound, located at Mina Abdullah, to the proposed location for DDKS. This FFP shall include the all costs required for stock transfer, to include but not limited to cost of conveyance, labor costs for drivers, mileage, fuel, insurance, indirect costs, and profit. The contractor shall insert the price for Equipment, CLINs X004, inclusive of the usage costs for each piece of contractor furnished equipment and all the costs associated with the scheduled preventive maintenance, indirect costs, and profit. The contractor shall insert the price for indoor/outdoor storage space, CLINs X005, inclusive of:

refuse and ground maintenance; sanitation; janitorial; pest control; utilities; IT and other related security services indirect costs; and profit. The FFP for CLIN X005 shall include all preventive and remedial maintenance for the storage space. The Government will not reimburse for renovations made that were not requested by the Government.

The contractor shall insert a FFP for CLIN X006, Mobilization. Mobilization costs consist of non-labor costs associated with mobilizing and maintaining the contractor’s workforce. The cost include but are not limited to work visas, housing, physicals, residency stamps, employee transportation costs, indirect costs, and profit. If these costs are normally charged as an indirect cost, state: Not Applicable. The price for Preventative Maintenance, CLINs X007 shall only include costs for scheduled maintenance and not any unscheduled maintenance costs. (Please refer to Section L, Instruction to Offerors for more detail).

3. COST REIMBURSEMENT (NO FEE) PRICING ARRANGEMENT - CLINs X008.

The Government has provided estimated costs for CLINs X008 exclusive of G&A or Other Indirect Rate. CLIN X008 is comprised of costs such as travel, training, Defense Base Act insurance, other IT and transportation

Conformed through Amendment 0001

PREVIOUS EDITION USABLE 3609 STANDARD FORM 36 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR)53.111

services. The offeror shall apply only their G&A or Other Indirect rate to this estimated cost to arrive at the Not-to -Exceed amount. The Contractor shall be reimbursed for actual cost and G&A or Other Indirect Rate only.

*The G&A or other indirect rate is considered a ceiling rate. The ceiling rate, or the final rate negotiated with the DCAA, whichever is lower, will be used to determine the maximum allowable indirect costs on these CLINS. All indirect costs in excess of the ceiling rate, or the final rate negotiated with the DCAA shall be borne by the contractor. No fee shall be applied. All CLINS shall be invoiced in accordance with SECTION G, DDC 52.232-

9W32 INVOICING INSTRUCTION (AUG 2008).

If it is determined by the cognizant DCAA office that the successful offeror does not have an adequate accounting system in accordance with FAR16.30103(a) at time of award, the contractor shall initiate DCAA review of an accounting system within 30 days from the effective date of contract. An adequate accounting system shall be attained no later than 7 months after the effective date of the contract. It may be determined that options cannot be exercised if the contractor does not have an adequate accounting system.

4. COMPETITION IN SUPPLIES:

The Contractor shall obtain competition for items purchased over $3,000 for which reimbursement will be sought under this contract.

The Government reserves the right to audit all purchase records during the period of performance of the contract to determine if adequate competition is being sought for purchases over $3,000.

The Contractor must obtain prior approval from the Contracting Officer’s Representative for any individual purchase in excess of $10,000 or multiple purchases exceeding $20,000.

Note: Items with a unit cost of less than $3,000 will be selected and reviewed on a random basis by the contracting officer or designee to ensure the contractor is showing responsibility for maintaining documentation adequate to demonstrate reasonableness, allowability, and allocability to the contract. The contracting officer may disallow all or part of a claimed/invoiced cost that is inadequately supported.

SP3300-10-R-0020

Conformed through Amendment 0001

SECTION C – DESCRIPTION/SPECS/WORK STATEMENT

See Section J – List of Attachments, Attachment J.2, Section C – Performance Work Statement (PWS).

END OF SECTION C

SECTION D – PACKAGING AND MARKING

No Applicable Clauses

END OF SECTION D

SECTION E - INSPECTION AND ACCEPTANCE

Clauses Incorportated by Reference

Clauses Applicable to Cost Reimbursement CLINs

FAR CLAUSE TITLE DATE

E-1 FAR 52.246-3 Inspection of Supplies – Cost Reimbursement MAY 2001 E-2 FAR 52.246-5 Inspection of Services – Cost-Reimbursement APR 1984

Clauses Applicable to Fixed-Price CLINs

FAR CLAUSE TITLE DATE

E-3 FAR .246-2 Inspection of Supplies – Fixed Price AUG 1996 E-4 FAR 52.246-4 Inspection of Services – Fixed Price AUG 1996

Clause Applicable to All CLINs

DFARS CLAUSE TITLE DATE

E-5 DFAR 252.246-7000 Material Inspection And Receiving Report MAR 2008

Clause Incorporated by Full Text

Clause Applicable to all CLINS

E-6 Quality/Performance Evaluation

(a) The Government will use a Quality Assurance Surveillance Plan (QASP) developed by the COR and approved by the Contracting Officer to monitor compliance with contract terms and conditions, identify conforming and nonconforming services to determine appropriate action under the Inspection of Services and Termination for Default contract clauses. 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 IAW FAR 46.101 definitions for critical, major, and minor non-conformances, and is subject to unilateral change by the Government without modification of the contract. All work required by the contract is subject to surveillance whether or not specifically included in the plan. The CGA will use the Quality Management System Integration Tool (QMSIT) to schedule, document, report findings and recommendations, and file surveillance results. QMSIT will also be used to provide complete surveillance documentation to the contractor. The CGA will use the rules and procedures identified in the QASP, including switching procedures for use of sampling plans, the Surveillance Frequency Selection Tool (SFST) and the Surveillance Action Selection Tool (SAST) to change sampling plans, modify surveillance frequencies, and recommend consequences of contractor nonconformance of APL and non-APL requirements.

(b) The Contractor shall use QMSIT to acknowledge surveillance results (whether conforming or nonconforming), propose corrective and preventive actions and timelines as required by the COR, and/or respond to surveillance results (whether concurring or non-concurring with the surveillance findings). The Contractor shall identify contractor personnel who have the authority to review, acknowledge, and respond to surveillance findings in QMSIT. The Contractor shall establish procedures such that all surveillance results are reviewed and acknowledged within one (1) working day of nonconformance identification in QMSIT by the Contracting Officer or designee (e.g., CGA Surveillance Lead, COR, contract specialist, Contracting Officer). For Critical Non-conformances, the Contractor shall respond to and identify actions taken to correct and prevent future occurrences of the nonconformance within one (1) working day of notification of the Critical Nonconformance. For Major Non-conformances, the Contractor shall respond to and identify actions taken to correct and prevent future occurrences of the nonconformance within three (3) working days of notification of the Major Nonconformance. For Minor Non-conformances, the Contractor shall respond to and identify actions taken to correct and prevent future occurrences of the nonconformance within seven (7) working days of notification of the Minor Nonconformance.

When the Contractor fails to achieve acceptable performance and such nonconformance is clearly the fault of the Contractor, the COR will prepare a Contract Discrepancy Report (CDR) IAW SAST logic in QMSIT and forward it to the Contracting Officer to issue to the Contractor. In response to the CDR, the Contractor shall explain within seven working days, 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 Contracting Officer will evaluate the Contractor’s explanation and determine the appropriate action.

(End of Text)

SECTION F - DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

Services shall be performed as prescribed by the Performance Work Statement (PWS) – Section C.

Base year – effective upon contract award through 12 months thereafter.

Optional Full Performance Period One – if exercised, effective upon completion of base year through 12 months thereafter.

Optional Full Performance Period Two – if exercised, effective upon completion of option year one through 12 months thereafter.

Optional Full Performance Period Three – if exercised, effective upon completion of option year two through 12 months thereafter.

Clauses Incorporated by Reference

Clauses applicable to Cost Reimbursement CLINs

FAR

CLAUSES

TITLE DATE

F-1 FAR 52.242-15 Stop Work Order AUG 1989 Alternate 1 APR 1984

Clauses applicable to Fixed-Price CLINs

CLAUSES

TITLE DATE

F-2 FAR 52.242-15 Stop Work Order AUG 1989

Clauses applicable to all CLINs

FAR

CLAUSES

TITLE DATE

F-3 FAR 52.247-34 F.O.B. Destination NOV 1991 F-4 FAR 52.247-55 F.O.B. Point For Delivery of Government-Furnished Property JUN 2003

SECTION G - CONTRACT ADMINISTRATION DATA

ACCOUNTING AND APPROPRIATION DATA

Period of Performance

Accounting Line BOSS Financial Document Number

Dollar Amount

Base Year To be inserted at time of award

To be inserted at time of award

To be inserted at time of award

CLAUSES APPLICABLE TO ALL CLINs

DFAR CLAUSE TITLE DATE

G-1 252.204-7006 Billing Instructions OCT 2005

Clauses Incorporated by Full Text

CLAUSES APPLICABLE TO ALL CLINs

G-2 DDC 52.201-9W26 Designation of COR/Alternate COR (AUG 2008)

(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-2)

G-3 DDC 52.232-9W10 Instructions for Payment by DFAS (JUN 2007)

This contract/order will be paid by DFAS.

Invoices for supply contracts shall be submitted at time goods are shipped.

Invoices for service contracts shall be submitted in accordance with instructions provided in the contract/order.

At a minimum, each invoice shall include the following information:

- Contractor name, address, and CAGE code

- Invoice date and invoice number

- Contract number/order number

- Contract Line Item Numbers (CLINs) with corresponding BOSS document numbers

- CLIN description, quantity, unit of measure, unit price and extended total prices

- Additional information required by the Prompt Payment Act at FAR 52.232-25

Unless indicated elsewhere in this contract/order, invoices shall be faxed or emailed to the contract specialist identified on page 1 of this document in the block titled "Administered by".

In accordance with the Prompt Payment Act (FAR 52.232-25), payment will normally be made within thirty (30) days after receipt of proper invoice or acceptance of supplies/services, whichever is later. All inquiries regarding payments shall be directed to:

DFAS - ATTN: DFAS-CVDAAD/CO

P.O. Box 369016 Columbus, OH 43236-9016 email: DFAS-CO_LC@dfas.mil Phone: 800-756-4571 - select option 2 and then option 2.

Check payment status on the web at www.dod.mil/dfas under "Money Matters."

(End of Text G-3)

G-4 DDC 52.232-9W32 Invoicing Instruction (AUG 2008)

(a) Invoices shall be submitted not later than the fifth (5th) working day after the end of the previous month. The amount claimed to be due shall be indicated for the Contract and Contract Line Item Numbers (CLINs) and Sub CLINs. The public voucher and Standard Form 1034 shall be used to document each invoice.

(b) Reimbursement requests for Cost Reimbursement CLINs X008 shall be fully documented to support the costs claimed for the CLINs. using the report format in section C-6 , report number 002.

The Government will reimburse the Contractor for actual costs. The Contractor may include General and Administrative (G&A) or Material Handling expense IAW the Contractor’s usual accounting practices consistent with Subpart 31.2 of the FAR. The Government reserves the right to audit purchase records during the period of performance of this contract to determine if adequate price competition requirements are being upheld.

(c) Two (2) copies of each invoice shall be forwarded to the COR for certification and one (1) copy of each invoice shall be forwarded to the Contract Specialist administering the contract for the contract file. The COR will be responsible to indicate the date received and the date accepted, and process within five (5) working days. Upon acceptance/approval, the COR will forward to the appropriate Defense Contract Audit Agency, (DCAA) for review and approval. Upon acceptance/approval, DCAA shall forward the invoice to the appropriate Defense Finance and Accounting Services (DFAS) office as indicated on the Standard Form 33 of the contract for payment and will also forward an information copy to the DDC Contract Specialist.

(d) In addition to the requirements of FAR 52.232-25, Prompt Payment, submissions of invoices shall include the following information:

1. Contract CLIN or SubCLIN for each item invoiced.

2. BOSS Financial Document Number (to be supplied to contractor at time of award).

3. Contract Number, Delivery Order Number and/or Modification Number.

4. Description of work.

5. A certificate of performance, stating:

“This is to certify that the services set forth herein were performed during the period stated on this contract/order.”

Contractor’s Authorized Representative Date

6. A certificate for the COR’s signature stating:

“I certify that the labor charges and other costs specified herein are reasonable and accurately reflect the work accomplished by the contractor on this contract.”

(COR Signature) (Date)

The Contractor’s final invoice shall be identified as such, and shall list all other invoices previously tendered under this contract.

(End of Text G-4)

G-5 DDC 52.242-9W01 – Contractor Performance Assessment Reporting System (CPARS)

Requirements (MAY 2008)

(a) The contractor, in performing this contract, will be subject to a past performance assessment in accordance with FAR 42.15 and the Contractor Performance Assessment Reporting System (CPARS) Guide at http://www.cpars.navy.mil/cparsfiles/pdfs/navycparsmanual.pdf. All information contained in the assessment may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor. Assessments will be conducted as prescribed by CPARS guidance.

(b) The contractor will be provided with a copy of the assessment. The contractor will have 30 calendar-days to submit comments, additional information, or rebut statements if warranted or desired. The contractor must strictly control access to the assessment while in the Contractor's possession and must ensure that the assessment is never released to persons or entities outside of the contractor's control. After receipt of Contractor's comments or expiration of the 30 day comment period, whichever occurs first, and depending on the Contractor's response the Government will:

(i) If no comments are received; close the CPAR by the Assessing Official Rep and Reviewing Official

(ii) If the Contractor concurs with the assessment; accept/update and close the CPAR and forward comments to all reviewers

(iii) If Contractor does not concur with the assessment, coordinate a final response with Reviewing Official, Assessing Official Representative, and Assessing Official.

(iv) Enter the final government response and close CPARS.

After completion of one of the appropriate actions, the Assessing Official will notify all individuals that the report is complete. The assessment is considered complete when signed by the Assessing or Reviewing Official.

The official responsible for the corporate operating unit being assessed can submit a written request to receive a copy of the completed CPARS assessment. The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described above and in the CPARS Guide. Refer to http://www.cpars.csd.disa.mil/ for details and additional information related to CPARS, CPARS user access (which includes obtaining a PKI certificate), how contract performance assessments are conducted, and how contractors participate.

(End of Text G-5)

G-6 DDC 52.242-9W38 Post Award Conference (AUG 2008)

If required, the successful offeror shall attend a post-award conference prior to commencement of the phase-in period. The purpose of the conference is to highlight essential contract requirements, coordinate implementation timelines and answer any questions the Contractor may have prior to commencement of work. During the period between the award and the conference, the Contractor shall submit questions in writing to the Contracting Officer (KO). The KO will arrange with the Contractor as to the time, date, and location of the conference.

(End of Text G-6)

G-7 DDC 52.242-9W39 Contract Administration Plan (AUG 2008)

In order to expedite administration of this contract, the following delineation of functions is provided. The individual/position designated as having responsibility should be contacted for any questions, clarifications, or information regarding the administration function specified. The names, addresses and phone numbers for these individuals or offices are as follows:

Procuring Contracting Officer (PCO):

Name: Medard R. Kowalski III Address: Defense Distribution Center 2001 Mission Drive, Bldg 404

DDC-J7 (DDC-AB)

New Cumberland, PA 17070-5000 Code: DDC-J7 (DDC-AB) Phone: (717)770-4673

Paying Office:

Name: [TO BE SPECIFIED IN CONTRACT AWARD.] Address Phone:

Primary Contracting Officer's Representative (COR):

Name: [TO BE SPECIFIED IN CONTRACT AWARD.] Address Phone:

Alternate Contracting Officer's Representative (ACOR):

Name: [TO BE SPECIFIED IN CONTRACT AWARD.] Address Phone:

(a) Procuring Contracting Officer (PCO) should be contacted for general information and shall perform the following functions:

(1) Designates the COR. NOTE: COR authority is not redelegable.

(2) Provide administrative changes to the contract administration plan.

(3) Maintains the official contract file, ensuring contract ceiling is not exceeded.

(4) Issues technical instructions, ensuring that each technical instruction is within the scope of the contract.

(b) Paying Office should be contacted for inquiries/information with regard to payment of those vouchers approved by the PCO.

(c) Contracting Officer's Representative (COR) should be contacted for inquiries/information pertaining to the following functions:

(1) The COR will act as the Contracting Officer's Representative for technical matters, providing technical direction and discussion, as necessary, with respect to the specification or statement of work, and monitoring the progress and quality of contractor performance. The COR is not a Contracting Officer and does not have authority to direct the accomplishment of effort which is beyond the scope of the statement of work in the contract (or modifications).

(2) Technical advice regarding estimated level of effort and labor mix and/or the cost and need for materials, travel, equipment, etc. for each delivery order and any modifications.

(3) Reports on the contractor's performance and lessons learned.

(4) Certification of the Certificate of Performance/invoice.

(5) Inspection and/or acceptance of the services/deliverables as the official Government representative.

(d) In the event that the COR named above is absent due to leave, illness or official business, all responsibilities and functions assigned to the COR will be the responsibility of the Alternate COR

(ACOR).

It is emphasized that only the Contracting Officer has the authority to modify the terms of the contract; therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the contractor, any effort outside the existing scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action must be taken by the contractor unless the PCO has issued a contractual change.

(End of Text G-7)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Clauses Incorporated by Full Text

H-1 DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government (JUN 2005)

(a) Definitions. As used in this provision—

(1) “Effectively owned or controlled” means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror’s officers or a majority of the Offeror’s board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations).

(2) “Entity controlled by a foreign government”—

(i) Means—

(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a reign government; or

(B) Any individual acting on behalf of a foreign government.

(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992.

(3) “Foreign government” includes the state and the government of any country (other than the United States and its outlying areas) as well as any political subdivision, agency, or instrumentality thereof.

(4) “Proscribed information” means—

(i) Top Secret information;

(ii) Communications Security (COMSEC) information, except classified keys used to operate secure telephone units (STU IIIs);

(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;

(iv) Special Access Program (SAP) information; or

(v) Sensitive Compartmented Information (SCI).

(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived application of 10 U.S.C. 2536(a).

(c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror’s immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format:

Offeror’s Point of Contact for Questions about Disclosure

(Name and Phone Number with Country Code, City Code and Area Code, as applicable)

Name and Address of Offeror

Name and Address of Entity Controlled by a Foreign Government

Description of Interest, Ownership Percentage, and Identification of Foreign Government

(End of provision)

H-2 DLAD 52.204-9003 Vendor Security Requirements (May 2009)

(a) Work to be performed under this contract/task order may, in full or in part, be performed at the Defense Logistics Agency (DLA) HQ or other field activity office(s), i.e., physical access to a Federally-controlled facility. DLA and its field activity offices require all contractor personnel working on the Federally-controlled facility to have a favorably adjudicated National Agency Check with Written Inquiries (NACI) prior to beginning work on a contract. Additionally, in accordance with Department of Defense (DoD) 5200.2-R, DoD Personnel Security Programs, and the Personnel Security Guidebook (DLA Personnel Security Program), all DoD consultants and contractor personnel who have access to Federally-controlled information systems must be assigned to positions which are designated at one of three sensitivity levels, IT-I, IT-II, or IT-III. These designations equate to Critical Sensitive, Non-Critical Sensitive, and Non-sensitive. (Note: Non-Critical Sensitive -IT 2 requires a National Agency Check with Law and Credit (NACLC), Critical Sensitive - IT1 requires a Single Scope Background Investigation (SSBI), and Non-sensitive – IT III requires a National Agency Check with Written Inquiries (NACI).)

(b) At the option of the Government, previously completed security investigations may be accepted in lieu of new investigations if determined to be essentially equivalent in scope to the required NACI. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. In order to assist the Government in making this determination, the contractor must provide the following information to the contracting officer immediately upon receipt of the contract. This information must be provided for each contractor employee who will perform work on a Federally-controlled facility and/or will require access to Federally-controlled information systems:

(1) Full name, with middle initial

(2) Social Security Number

(3) Citizenship status

(4) Date of Birth

(5) Place of Birth

(6) Proof of the individual’s favorably adjudicated background investigation or NACI, consisting of identification of the type of investigation performed, date of the favorable adjudication, and name of the agency that performed the investigation.

(7) Company name and address

(8) Company phone and fax numbers

(9) Company email address

(10) Location of on-site workstation or phone number if off-site (if known prior to award)

(11) Delivery order or contract number and expiration date

(12) Name of contracting officer

(c) The Government will notify the contractor as soon as a determination is made regarding acceptance of the previous investigation. If a new investigation is deemed necessary, the contractor will be notified of such by the contracting officer or contracting officer’s representative (CO/COR). It is the contractor’s responsibility to ensure that adequate information is provided and that each contractor employee completes the appropriate paperwork in order to begin the investigation process. The contractor shall submit each request for investigation, through the CO/COR, to the DLA site Security Office. Requests shall include:

(1) Electronic Personnel Security Questionnaire (EPSQ) (SF 85P, Questionnaire for Public Trust Positions). This form, as well as instructions for completion, is available at www.dss.mil.)

(2) Fingerprint Card, (DD Form 258); the DLA site Security Office will perform all fingerprinting.

(3) Proof of Citizenship (birth certificate or passport are acceptable, and must be the original or a certified copy.)

(4) Appropriate documentation from the Immigration and Naturalization Service if the applicant is a foreign national.

Required documentation, set forth above, must be provided to the DLA site Security Office at the time of fingerprinting.

(d) Upon completion of the NACI, results will be forwarded to DLA HQ Command Security, Personnel Security Division (DSS-SC) for review and determination regarding the applicant’s suitability to occupy the specified position in performance of the DLA contract. Contractor personnel shall not commence work on this effort until the NACI has been favorably adjudicated. Results of investigations now go to DISCO, not DES-SC.

(e) A waiver to allow assignment of an individual to commence work prior to completion of the NAC investigation may be granted in emergency situations when it is determined that a delay would be harmful to national security. A request for waiver will be considered only after the Government is in receipt of the individual’s completed forms. The DLA site Security Office and the contracting officer reserve the right to determine whether a waiver request will be forwarded for processing. The individual requesting the waiver may not be assigned to a position, e.g., physically work at the Federally-controlled facility and/or be granted access to Federally-controlled information systems, until the waiver has been granted.

(f) The requirements of this clause apply to the prime contractor and any subcontractors the prime contractor may employ during the course of this contract, as well as any temporary employees that may be hired by the contractor. The Government retains the right to request removal of contractor personnel, regardless of prior clearance or adjudication status whose actions, while assigned to this contract, are deemed to conflict with the interests of the Government. The reason for removal shall be fully documented in writing by the contracting officer. When and if such removal occurs, the contractor shall assign qualified personnel, with the required investigation, to any vacancy thus created.

(g) All contractor personnel who are granted access to Government Federally-controlled information systems shall observe all local automated information system (AIS) security policies and procedures as provided by the DLA site Information Systems Security Officer. Violations of local AIS security policy, such as password sharing, performing personal work, file access violations, or browsing files outside the scope of the contract, will result in removal of the employee from Government property and referral to the contractor for appropriate disciplinary action. Actions taken by the contractor in response to a violation will be evaluated and will be reflected in the contractor’s performance assessment for use in making future source selection decisions. In addition, based on the nature and extent of any violations of AIS security policy, the Government will consider whether it needs to pursue any other actions under the contract such as a possible termination.

(h) The contractor is required to obtain a Common Access Card in accordance with procedures established at the DLA HQ or field activity office.

(i) When a contractor employee is removed from the contract, the contractor shall provide an appropriately trained substitute who has met the investigative requirements of this clause. The substitute may not begin work on the contract without written documentation, signed by the contracting officer, stating that the new employee has met one of the criteria set forth in paragraphs (b), (c), or (e) of this clause, i.e., acceptance of a previously completed security investigation, satisfactory completion of a new investigation, or a waiver allowing work to begin pending completion of an investigation.

Individuals removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract.

(j) The contractor shall notify the contracting officer in writing, within 12 hours, when an employee working on this contract resigns, is reassigned, terminated or no longer requires admittance to the Federally-controlled facility or access to Federally-controlled information systems.

(k) These vendor security requirements do not excuse the contractor from meeting the delivery schedule set forth in the contract, or waive the delivery schedule in any way. Contractor shall meet the required delivery schedule unless the contracting officer grants a waiver or extension.

(End of Clause)

H-3 DLAD 52.237-9001 Contractor Personnel Changes and Key Personnel Requirements (APR 2008)

1. Contractor Personnel Changes:

(a) The contractor shall have the right to remove his personnel assigned to perform the tasks hereunder and to substitute other qualified personnel provided that the Contracting Officer is notified of (and in certain circumstances approves) such removal and replacement. The contractor shall notify the Contracting Officer prior to such change, giving the new employee's name, security clearance and technical qualifications.

(b) Any removals or replacements for the convenience of the contractor shall be at no additional cost to the Government. Cost to be borne by the contractor include but are not limited to time of travel, travel and training costs for replacement personnel.

(c) Removals or replacements of contractor personnel shall be considered for the convenience of the contractor except when such removal is for:

(1) employees removed as a result of cancellation or completion of the contract,

(2) employees replaced due to death or incapacitating illness or injury,

(3) or employees removed or replaced at the Government's request.

(d) If any employee removes him/herself from the employ of the contractor, such removal will be at no additional cost to the Government.

2. Key Personnel Requirements:

(a) Certain 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 were submitted for evaluation of the proposal and are listed in paragraph (c) below. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer or an authorized representative, promptly replace personnel with personnel of equal ability and qualifications.

2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions.

The request must contain a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.

(b) If the Contracting Officer determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.

(c) The follow positions are identified as Key Personnel:

Site Manager, Alternate Site Manager, Traffic Manager, Inventory Manager, Warehouse Manager(s), Quality Control Manager, Supply System Analyst(s), Supply Technician, Hazardous Material Handling Specialist(s), and Traffic Management Specialist(s).

H-4 DDC 52.206-9W27 Competition in Supplies (AUG 2008)

Contractor shall obtain competition for items purchased over $3,000.00 for which reimbursement will be sought under this contract. The Government reserves the right to audit all purchase records during the period of performance of the contract to determine if adequate competition is being sought for purchases over $3,000.00

(End of Text H-4)

H-5 DDC 52.237-9W34 Hiring (AUG 2008)

The Contractor shall maintain records for all personnel hired. At a minimum, the Contractor shall maintain records that support the personnel hired met the minimum qualification of the position. These records will be made available to the Contracting Officer (KO) or designee upon request and in the event that a Service Contract Act (SCA)-exempt employee is hired the records supporting the employees qualifications shall be provided to the KO or designee no later than 10 days after the employee begins his/her employment. The term “Contractor” includes subcontractors.

(End of Text H-5)

H-6 DDC 52.237-9W36 Employment of US Government Personnel Restricted (AUG 2008)

In performing this contract, the Contractor shall not use as a consultant or employ (on either a full or part time basis) any active duty U.S. Government personnel (civilian or military) without the prior written approval of the Contracting Officer. Such approval may be given only in circumstances where it is clear that no laws and no DoD or U.S. Government instructions, regulations, or policies might possibly be contravened and no appearance of a conflict of interest will result.

(End of Text H-6)

H-7 DDC 52.245-9W41 Government-Furnished Equipment/Vehicles (AUG 2008)

(a) The Contractor shall comply with the applicable policies and procedures provided in FAR Part 51 and with the requirements of 41 CFR 101-39 and 41 CFR 101-38.301-1, and the operator’s packet furnished with each piece of equipment/vehicle. The term “Contractor” includes subcontractors.

(b) The Contractor shall establish and enforce suitable penalties for employees who use or authorize the use of government equipment/vehicles for other than performance of Government contracts, and provide the Contractor’s established penalties in writing to the Contracting Officer (KO), at least 90 days prior to contract start date, together with evidence that the contractor has obtained motor vehicle liability insurance covering bodily injury and property damage, protecting the Contractor and the Government against third party claims arising from the ownership, maintenance or use of Government-furnished equipment/vehicle.

(c) Contractor-at-fault damage is damage caused by the simple negligence or willful misconduct of the contractor or its employees. Simple negligence is the absence of due care, by an act or omission, of a person which lacks that degree of care for the property that a reasonably prudent person would have taken under similar circumstances, to avoid loss, damage, or destruction of the property.

(d) The Contractor shall be responsible for parts, labor, and materials required to repair Contractor-at-fault damage.

(e) The Contractor shall make an initial determination of fault concerning whether a specific incident of damage constitutes Contractor-at-fault damage. The Contractor shall provide this initial determination of fault to the KO or designee with a damage report.