Amendment_0004_-_RFP_-_SP330019R5002_-_track_changes.doc

SP3300-19-R-5002

Amendment 0004

SECTION C – DESCRIPTION/SPECS/WORK STATEMENT

C-1 See Section J – List of Attachments

C-2 Attachment J.1: Section C – Performance Work Statement (PWS) C-3 DLAD Procurement Note C03: Contractor Retention of Supply Chain Traceability Documentation (SEP 2016)

(1) By submitting a quotation or offer, the contractor agrees that, when the contractor is not the manufacturer of the item, it is confirming that it currently has or will obtain before delivery and shall retain documented evidence (supply chain traceability documentation) that the item is from the approved manufacturer and conforms to the technical requirements. The retention period is five years after final payment under this contract.

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source’s Commercial and Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, where available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.

(3) Examples of acceptable supply chain traceability documentation can be found at:

http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/

(4) The contractor shall immediately make available documentation upon request of the contracting officer. The contracting officer determines the acceptability and sufficiency of documentation. If the contractor fails to retain or provide the documentation or the contracting officer finds the documentation to be unacceptable, corrective action may be taken including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.

C-4 DLAD Procurement Note C08: 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/non-competitive 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.

C-5 DLAD Procurement Note C05: 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.

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

E-4 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.

(b) The Contractor shall acknowledge all surveillance results 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) / Technical Point of Contact (TPOC) by the date requested. The Contractor shall provide monthly reports for their quality control program and update their QCP as applicable with actions taken and methods to prevent future occurrences.

(c) The Contractor shall ensure all correspondence with the COR/TPOC regarding surveillance activities is documented in writing. 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) who may issue a Memo of Situational Awareness (MoSA) or Letter of Concern (LOC) to the contractor or take other appropriate action. If a LOC is issued, 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 QC Inspections as a result of the LOC, the Contractor shall update their QCP.

(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 SECTION E

SECTION F - DELIVERIES OR PERFORMANCE

CLAUSE(S) INCORPORATED BY REFERENCE

Clause(s) Applicable to All CLINs

F-3 Period of Performance

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

1. Base Period:

Phase-in: 18 December 2019 through 15 April 2020

Full Performance: 16 April 2020 through 17 December 2020

2. Option Period One – if exercised:

18 December 2020 through 17 December 2021

3. Option Period Two – if exercised:

18 December 2021 through 17 December 2022

4. Option Period Three – if exercised:

18 December 2022 through 17 December 2023

5. Option Period Four – if exercised:

18 December 2023 through 17 December 2024 (End of Text)

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

Clause(s) Incorporated by Reference Clause(s) Applicable to All CLINs

Clause(s) Incorporated by Full Text

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.

__________________N/A_________________________________________

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

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

Invoice 2in1 for CLINs X001, X004, 0006AA and 0006AB

(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.

(f) [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*

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

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.

__Brittany.Schofield@dla.mil, Nancye.Deem@dla.mil ______________________

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

(End of clause)

G-3 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 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.

G-4 Invoicing Instruction

(a) Invoices shall be submitted no later than the fifth (5th) 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 contractor may not submit an invoice requesting reimbursement against cost reimbursable contract line items X002 and X003 more frequently than once every two weeks.

(b) Firm Fixed Price CLINs X001, X004, 0006AA, and 0006AB shall be paid at the unit price on a monthly basis.

(c) Reimbursement requests for hazardous material purchases under Cost Plus Fixed Fee (CPFF) CLINs X002 shall be documented using the report format as identified in CDRL A019. The CDRL 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 in accordance with FAR 31.205. The contractor shall invoice 1/8th of the amount of fixed fee each month in the Base Year and 1/12th of the amount of the fixed fee each month in the Option Years.

(d) Reimbursement requests for material support costs, equipment lease for on-base use , and travel and training under CLINs X003 shall be documented using the report format as identified in CDRL A020. The CDRL shall be included in the Wide Area Workflow system as supporting documentation for the invoice. Documentation shall be provided with each invoice which fully supports the amount claimed for payment IAW FAR 31.205 such as paid receipts for freight charges, paid receipts for supplies, paid invoices for equipment, and receipts for travel costs and detailed per diem statements in accordance with the Joint Travel Regulations. Offerors shall apply their applicable indirect rates to the estimated cost for each Subclin (AA, AB, and AC) to arrive at the Not-To-Exceed (NTE) amount. The Contractor shall be reimbursed for actual cost and indirect rate as proposed only. No Fee is allowed under these CLINs.

G-5 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 Transportation: The use of other public transportation (Coach/Economy) by the Contractor’s personnel will be reimbursed at actual cost.

Non-reimbursable Travel: The following travel shall not be reimbursed hereunder: travel performed for personal convenience, daily travel to and from the designated work site.

Substantiation of Costs: The Contractor shall submit a summary by trip of actual costs incurred for authorized travel. In no event will reimbursement exceed the published rates of common carriers unless justified and approved in advance by the Contracting Officer.

Personnel in Travel Status: For personnel on official travel status (i.e. travel required for performance of this contract and authorized by the Contracting Officer or the Contracting Officer’s Representative (COR)), travel shall be considered at time of performance under the contract. However, such reimbursement shall not exceed eight (8) labor hours per individual while in travel status during one (1) calendar day nor shall travel outside regular duty hours be reimbursed except: when travel involves the performance of work while traveling, is carried out under arduous conditions, or results from an event that could not be scheduled or controlled administratively by either the Contractor or Government.

Per Diem

Expenses for subsistence and lodging shall be reimbursed to the Contractor only to the extent where overnight stay is necessary and authorized by the Contracting Officer for performance under this contract. Incurred costs shall be considered to be reasonable and allowable only to the extent that they do not exceed, on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations, Joint Travel Regulations and Standardized Regulations set forth in FAR 31.205-46(a)(2).

Cost of Materials

The cost of materials furnished or used under this contract shall be reimbursed in accordance with paragraph (b) of the clause entitled, “FAR 52.216-7 - Allowable Cost and Payment (Aug 2018)” for cost reimbursement contracts. Expendable material costs for items such as office supplies, report paper, etc and tools of the trade shall be considered to be included in the contractor’s indirect cost pools. The Contractor shall be required to support all material costs claimed.

Credits

The Contractor shall insure that any credits for future travel, free travel, free gifts or rebates on current travel offered by airlines or car rental agencies as part of frequent traveler or similar promotional programs, that are accrued as a result of travel necessary for performance under the contract, shall be conveyed to the Government.

G-6 Contractor Performance Assessment Reporting System (CPARS) Requirements

(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) User Manual at https://www.cpars.gov/pdfs/CPARS_User_Manual.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 shall provide the name, telephone number and e-mail address for the CPARS Contractor Representative (CR) to the Acquisition Specialist and/or Contracting Officer.

(c) The contractor shall access the assessment upon receiving notification from the Contracting Officer (KO)/Assessing Official (AO) that the assessment was completed and is pending contractor review/comment. The contractor shall submit comments, request additional information, or rebut statements (if warranted or desired) within 60 calendar days, however, the assessment will be sent to the Past Performance Information Retrieval System (PPIRS) fifteen (15) calendar days following the AO’s signature. The assessment will be marked “Pending” until the Contractor Representative (CR) signs it. On the 61st calendar day, the CR comment period will end and the CR will be locked out of commenting, rebutting and signing the assessment. The evaluation will be returned to the AO for finalization. Depending on the Contractor's response, the results will be as follows:

(i) If automatically annotated in the Contractor Comments section of the HTML view with the following system-generated statement: “The report was delivered/received by the contractor on MM/DD/YYYY. The contractor neither signed nor offered comment in response to this assessment”; the Government may finalize the assessment;

(ii) If the contractor comments with non-concurrence of the assessment, the Government will review the CR comments, modify (if determined necessary) and finalize the assessment; or

(iii) If the contractor concurs with the assessment, the Government will finalize the 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 the CPARS User Manual at https://www.cpars.gov/pdfs/CPARS_User_Manual.pdf for details and additional information related to CPARS, user access (which includes obtaining a PKI certificate), and how contractors participate.

G-7 Post Award Conference

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-8 Contract Administration Team

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:

Contracting Officer (KO):

Name:

Karen D. Ghani Address:

DLA Distribution

ACQUISITION OPERATIONS (J7)

430 Mifflin ave, suite 3102a

New Cumberland, PA 17070-5008

Phone:

(717) 770-5951

Acquisition Specialist:

Brittany Schofield

DLA Distribution

ACQUISITION OPERATIONS (J7)

430 Mifflin ave, suite 3102a

New Cumberland, PA 17070-5008

(717) 770-6319

Paying Office:

DFAS-COLUMBUS

Defense finance & accounting office ebs (FORMERLY BSM) PO BOX 369031

COLUMBUS, OH 43236-9031

Primary Contracting Officer's Representative (COR):

TBD

Alternate Contracting Officer's Representative (ACOR):

Technical Point of Contact (TPOC):

Adddress:

(a) Contracting Officer (KO) should be contacted for contract information and shall perform the following functions:

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

(2) Ensure “performance” of all necessary actions for compliance with the terms of the contract and for safeguarding the interests of the Government in its contractual relationship.

(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.

(5) Ensure the requirements of the contract have been met and that sufficient funds are available for obligation.

(6) Ensure the contractor receives impartial, fair and equitable treatment and request and consider the advice of specialists in audit, law, engineering, transportation, and other fields, as appropriate.

(b) Acquisition Specialist should be contacted for general contract information and shall perform the following functions:

1) Coordinates the post award conference with the COR and Program Manager.

2) Evaluate requested changes to ensure the requirement is within scope of the contract.

3) Negotiate contract modifications, to include technical changes, exercise of contract options (where applicable), and reconciles contract CLIN amounts based on contractor proposals/DCAA audits.

4) Monitor contractor performance. At minimum on a monthly basis, the Acquisition Specialist will review contractor performance with the COR. Discussion shall include performance metric documented in the monthly non-conformances and missed APLs reports.

a) When needed, draft letters of situational awareness or letters of concern to address failure to meet contract terms. Escalate ongoing contractor performance issues to Contracting Officer to determine appropriate remedies/action.

b) Coordinate with COR to document yearly performance in the Contractor Performance Assessment Reporting System.

c) Ensure that a COR monthly report and CAC log is uploaded to the CORT tool.

5) The Acquisition Specialist will provide guidance to the Contract Administration Team and the authorized Contractor’s representative. In addition, the Acquisition Specialist will research contract interpretation issues between the Government and Contractor.

6) Manage contract obligations. The Acquisition Specialist shall reconcile all good receipts, invoice receipts, and disbursements in EBS to ensure that the records are correct and allotted to the proper CLINs, within allocated obligations. At the end of the performance period, the Acquisition Specialist shall deobligate excess funds, while awaiting final audits from DCAA.

7) Exercise option(s) in accordance with FAR 17.207 to ensure that if exercised the option is in the Government’s best interest.

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

(d) 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 performance work statement in the contract (or modifications).

(2) Review the contract and the contractor’s technical proposal to ensure that performance is in accordance with both the contract and the proposal.

(3) Maintain communications with the contractor and keep the Acquisition Specialist, Contracting Officer, and Quality Assurance Team informed.

(4) Advise the Acquisition Specialist and the Contracting Officer of any contract issues requiring attention.

(5) Record Incidents of unsatisfactory performance by the contractor, specifying the paragraph, or cited reference of the contract that has been violated and the circumstances surrounding the violation to include names, dates, places, and any other pertinent information.

(6) Immediately notify the Acquisition Specialist and Contracting Officer if difficulties arise which may impede contract schedule, quality, or cost.

(7) Assist the contractor with interpreting the technical specifications of the contract and refer differences of opinion and interpretations, which could affect the terms and conditions of the contract to the Acquisition Specialist and Contracting Officer for resolution.

(8) Review all contract data requirements delivered by the contractor to determine compliance with the contract specification. Provide the Contracting Officer with a recommendation and the basis to approve, conditionally approve or disapprove.

(9) Work closely with the TPOC(s) and provide, and/or make accessible, contract-related documents to aid them in providing contract oversight and completing assigned oversight activities.

(10) Ensure the contract performance is inspected in accordance with the Quality Assurance Surveillance Plan and report any deficiencies to the contractor’s PM and the Contracting Officer.

(11) Monitor Corrective Action Plans (CAPs) and ensure actions are being taken by the contractor to correct identified areas of deficiency.

(12) Review contractor's proposals for modifications and provide input to the consolidated evaluation report that advises the Contracting Officer of the technical adequacy, correctness, reasonableness of work estimates and costs, and assure that there is no duplication of work or cost.

(13) Review, accept, and process the invoices via WAWF to ensure prompt payment.

(14) Track contract dollars, perform analysis and ensure the contract does not become deficient.

(15) Submit monthly APL reporting charts and other performance data to the Acquisition Specialist and Contracting Officer.

(16) Submit a monthly COR report via the CORT tool.

(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).

(e) The assigned TPOC named above will be responsible for providing surveillance and performance oversight where work will be performed.

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 KO in writing. No action must be taken by the contractor unless the KO has issued a contractual change.

(End of Text)

END OF SECTION G

SECTION H - SPECIAL CONTRACT REQUIREMENT

H-1 Accounting System

In accordance with FAR 16.104(i) and DFARS Clause 252.242-7006 – Accounting System Administration, the Contractor shall have an accounting system which permits timely development of all necessary cost data in the form required by the proposed cost- plus-fixed-fee and cost reimbursement with no fee contract line items.

(End of Text)

H-2 Hiring

The Contractor shall maintain records for all personnel hired in support of contract performance hereunder. 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 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-3 Substitution or Addition of Key Personnel

(a) Key Personnel assigned to or utilized by the Contractor in the performance of this contract shall, as a minimum, meet the experience, education or other background requirements set forth below and shall be fully capable of performing in an efficient, reliable and professional manner. Key Personnel categories for this contract are identified in Attachment J.1, Performance Work Statement (PWS,) Section 1.4 entitled Key Personnel.

(b) The Contractor agrees to assign to the contract those persons whose resumes, personnel data forms or personnel qualifications statements were submitted as required by Section L of the solicitation to fill the Key Personnel requirements of the contract. No substitutions or additions of Key Personnel shall be made except in accordance with this clause.

(c) The Contractor agrees that during the first 120 days of the contract performance period, no personnel substitutions or additions will be performed unless such substitutions or additions are necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (e) below.

(d) If the personnel for whatever reason become unavailable to work under the contract for a continuous period exceeding 30 work days, or are expected to devote substantially less effort to the work than indicated in the proposal, the Contractor shall propose a substitution of such personnel, in accordance with paragraph (e) below.

(e) All proposed substitutions or additions shall be submitted, in writing, to the Contracting Officer at least fifteen (15) days (thirty (30) days if a security clearance must be obtained) prior to the proposed substitution or addition. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution or addition, and a complete resume, including annual salary, for the proposed substitute or addition as well as any other information required by the Contracting Officer to approve or disapprove the proposed substitution or addition. All proposed substitutes or additions (no matter when they are proposed during the performance period) shall have qualifications that are equal to or higher than the qualifications of the person being replaced or the average qualifications of the people in the category, which is being added to.

(f) In the event a requirement to increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract occurs, the Contractor shall submit to the Contracting Officer a written request for approval to add personnel to the designated labor category. The information required is the same as that required in paragraph (e) above. The additional personnel shall have qualifications greater than or equal to at least one (1) of the individuals proposed for the designated labor category.

(g) The Contracting Officer shall evaluate requests for substitution and/or addition or personnel and promptly notify the Contractor, in writing, of whether the request is approved or disapproved.

(h) If the Contracting Officer determines that suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable to perform under the contract is not reasonably forthcoming or that the resultant reduction or productive effort would impair the successful completion of the contract, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. Alternatively, at the Contracting Officer’s discretion, if the Contracting Officer finds the Contractor to be at fault for the condition, the Contracting Officer may equitably adjust (downward) the contract price to compensate the Government for any delay, loss or damage as a result of the Contractor’s action.

(End of Text) H-4 Employment of US Government Personnel Restricted

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-5 Damage to Contractor Supplies, Materials, Equipment, and Property

The Government will not be responsible in any way for damages to the Contractor's supplies, materials, equipment, and property or to contractor or employees' personal belongings that are caused by fire, theft, accident, or other disaster/misfortune. The term “Contractor” includes subcontractors.

(End of Text)

END OF SECTION H

SECTION I - CONTRACT CLAUSES

Clause(s) Incorporated by reference

Clause(s) Applicable to Firm-Fixed Price CLINs (X001, X004, 0006AA, and 0006AB)

Price)

APR 2012

Clause(s) Applicable to All CLINs (unless otherwise noted)

or Improper Activity

MAY 2014

Transactions

OCT 2010

I-17

To Inform Employees of Whistleblower Rights

APR 2014

Content Paper

MAY 2011

Subcontract Awards

OCT 2018

Certifications

DEC 2014

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

Responsibility Matters

OCT 2018

Corporations

NOV 2015

—Modifications

AUG 2011

(PRB) Other Than Pensions

JUL 2005

***APPLICABLE TO CLINs X002, and X003 ONLY ***

AUG 2018

***APPICABLE TO CLINs X002 ONLY

JUN 2011

***APPLICABLE TO CLINs X003 ONLY ***

APR 1984

Business Concerns – Deviation 2019-O0003

DEC 2018

Compensation

MAY 2018

Relations Act

DEC 2010

Standards - Price Adjustment (Multiple Year and Option Contracts)

AUG 2018

Service and Construction Contracts

SEP 2013

Products

OCT 2015

and Construction Contracts

AUG 2018

While Driving

AUG 2011

Infringement

DEC 2007

**applicable to FFP CLINs only**

JAN 1997

**applicable to CR CLINs only**

MAR 1996

**applicable to CR CLINs only**

APR 1984

Management

OCT 2018

Subcontractors

DEC 2013

Alternate I **applicable to CR CLINs only**

JUN 1985

Vegetation

APR 1984

**not applicable to FFP CLINs**

MAY 2014

**applicable to CR CLINs only**

JAN 1997

Alternate II **applicable to CR CLINs only**

APR 1984

**applicable to CR CLINs only**

MAY 2004

**applicable to CR CLINs only**

APR 1984

Officials

SEP 2011

Defense-Contract-Related Felonies

DEC 2008

Rights

SEP 2013

Contractor Reported Cyber Incident Information

OCT 2016

Incident Reporting

OCT 2016