SP330019R5004_(12-20-2018).pdf
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- Solicitation number
- SP3300-19-R-5004
- Issued by
-
Defense Logistics Agency Distribution
About this file
This solicitation requests offers for work in process control area labor support services. The Defense Logistics Agency Distribution seeks contractors to provide personnel support at its distribution depots, with services including material handling, inventory control, quality assurance inspection, and equipment operation. Offers are due by December 20, 2018 and must remain valid for 120 calendar days unless otherwise specified. Pricing is to be provided by line item. The successful offeror will be expected to perform at designated locations within the timeframes defined in the work statement.
RFP SP330019R5004
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Item No.
Supplies/ Services QUANTITY UNIT UNIT
PRICE
AMOUNT
Part 1 – The Schedule
Section B – Supplies or Services and Prices/Costs
BASE PERIOD
01 June 2019 through 31 May 2020
Fixed Price Incentive Firm (Applicable to CLIN
0001)
0001 Services to Perform Phase-In and Services/Labor to
Perform PWS Requirements (This CLIN encompasses
PWS section 1.1)
12 Months __________ ________________
Target Cost ________________
Target profit (____% of Target Cost) ________________
Total Target Price ________________
Ceiling Price (115% of Target Cost) ________________
Share Formula: Government/Contractor
Over & Under Target (%) 50/50
Cost Reimbursement (Applicable to CLIN 0002)
0002 Material Support Costs
Estimated Cost ___$6,400.00___
G&A Rate ____% ________________
Not-to-Exceed (NTE) 1 LOT ________________
0003 Contract Data Requirements List (CDRL) in accordance with DD Form 1423. (NOTE: CONTRACTOR SHALL
NOT PRICE THESE ITEMS SEPERATELY)
1 LOT NSP NSP
A001 Monthly Contractor CAC Report
A002 SOH Plan and Reporting
A003 Training Report
A004 Quality Control Plan
A005 Empty Pallet Log
A006 BER Production Log
A007 ASRS Daily Transaction Report Log
A008 Monthly Cost Report for FPIF CLIN
A009 Monthly Cost Report for CR CLIN
TOTAL– BASE PERIOD ________________
RFP SP3300-19-R-5004
PRICE
AMOUNT
OPTION PERIOD ONE
EFFECTIVE 01 June 2020 through 31 May 2021
Fixed Price Incentive Firm (Applicable to CLIN
1001)
1001 Services/Labor to Perform PWS Requirements (This
CLIN encompasses PWS section 1.1) 12 Months __________ ________________
Target Cost ________________
Target profit (____% of Target Cost) ________________
Total Target Price ________________
Ceiling Price (115% of Target Cost) ________________
Share Formula: Government/Contractor
Over & Under Target (%) 50/50
Cost Reimbursement (Applicable to CLIN 1002)
1002 Material Support Costs
Estimated Cost ___$6,400.00___
G&A Rate ____% ________________
Not-to-Exceed (NTE) 1 LOT ________________
1003 Contract Data Requirements List (CDRL) in accordance with DD Form 1423. (NOTE: CONTRACTOR SHALL
NOT PRICE THESE ITEMS SEPERATELY)
1 LOT NSP NSP
A001 Monthly Contractor CAC Report
A002 SOH Plan and Reporting
A003 Training Report
A004 Quality Control Plan
A005 Empty Pallet Log
A006 BER Production Log
A007 ASRS Daily Transaction Report Log
A008 Monthly Cost Report for FPIF CLIN
A009 Monthly Cost Report for CR CLIN
TOTAL– OPTION PERIOD ONE ________________
OPTION PERIOD TWO
EFFECTIVE 01 June 2021 through 31 May 2022
2001)
2001 Services/Labor to Perform PWS Requirements (This
12 Months __________ ________________
Target Cost ________________
Target profit (____% of Target Cost) ________________
Total Target Price ________________
Ceiling Price (115% of Target Cost) ________________
Cost Reimbursement (Applicable to CLIN 2002)
2002 Material Support Costs
Estimated Cost ___$6,400.00___
2003 Contract Data Requirements List (CDRL) in accordance
NOT PRICE THESE ITEMS SEPERATELY)
1 LOT NSP NSP
A001 Monthly Contractor CAC Report
A002 SOH Plan and Reporting
A007 ASRS Daily Transaction Report Log
TOTAL– OPTION PERIOD TWO ________________
PRICE
OPTION PERIOD THREE
EFFECTIVE 01 June 2022 through 31 May 2023
3001)
3001 Services/Labor to Perform PWS Requirements (This
12 Months __________ ________________
Target Cost ________________
Target profit (____% of Target Cost) ________________
Total Target Price ________________
Ceiling Price (115% of Target Cost) ________________
Cost Reimbursement (Applicable to CLIN 3002)
3002 Material Support Costs
Estimated Cost __$6,400.00_
3003 Contract Data Requirements List (CDRL) in accordance
NOT PRICE THESE ITEMS SEPERATELY)
1 LOT NSP NSP
A001 Monthly Contractor CAC Report
A002 SOH Plan and Reporting
A007 ASRS Daily Transaction Report Log
TOTAL– OPTION PERIOD THREE ________________
OPTION PERIOD FOUR
EFFECTIVE 01 June 2023 through 31 May 2024
4001)
4001 Services/Labor to Perform PWS Requirements (This
12 Months __________ ________________
Target Cost ________________
Target profit (____% of Target Cost) ________________
Total Target Price ________________
Ceiling Price (115% of Target Cost) ________________
Cost Reimbursement (Applicable to CLIN 3002)
4002 Material Support Costs
Estimated Cost ________________
4003 Contract Data Requirements List (CDRL) in accordance
NOT PRICE THESE ITEMS SEPERATELY)
1 LOT NSP NSP
A001 Monthly Contractor CAC Report
A002 SOH Plan and Reporting
A007 ASRS Daily Transaction Report Log
TOTAL – OPTION PERIOD FOUR ________________
TOTAL – BASE AND ALL OPTION PERIODS ________________
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
INSTRUCTIONS
This acquisition is set aside 100% for 8(a) small business concerns in accordance with FAR 52.219-18. The requirement is for labor support services within the Work In Process Control Area (WIPCA) at DLA
Distribution Corpus Christi, Texas (DDCT). This shall be a hybrid contract with Fixed Price Incentive Firm
(FPIF) and Cost Reimbursement Line Items. The contract will cover a one (1) year base performance period, inclusive of a ninety (90) day phase-in, and four, one-year option periods.
PRICING INSTRUCTIONS:
FIXED-PRICE-INCENTIVE-FIRM (FPIF) PRICING ARRANGEMENT – CLIN X001: shall be invoiced in accordance with SECTION G, INVOICING INSTRUCTION. Also, see SECTION I, FAR
52.216-16 – Incentive Price Revision -- Firm Target (Oct 1997) and Alternate I (Apr 1984).
Solicitation Instructions for CLIN X001: Offeror shall insert Target Cost, Target Profit Percentage, Target
Profit Dollars, Total Target Price, and Ceiling Price.
COST REIMBURSEMENT (NO FEE) PRICING ARRANGEMENT - CLIN X002: Government has provided an estimated cost exclusive of G&A, Material Handling, or other indirect rate. Offerors shall apply only their applicable indirect rate to this estimated cost to arrive at the Not-to-Exceed (NTE) amount. The
Contractor shall be reimbursed for actual cost and their applicable indirect rate only. No fee shall be applied.
Invoicing shall be in accordance with SECTION G, INVOICING INSTRUCTION.
Solicitation Instructions for CLIN X002: Offerors shall insert and apply their applicable indirect rate to this estimated cost to arrive at the NTE amount. Offerors shall enter their applicable indirect rate dollar amount and the NTE amount in Section B. No fee shall be applied.
REPORTING REQUIREMENTS - CLIN X003 (NSP): Reporting requirements. Not Separately Priced.
While these CLINS are not separately priced, it is anticipated and it is acceptable that the Contractor will be reimbursed for the execution of this CLIN. Costs associated with this effort shall be captured under CLIN
X001.
END OF SECTION B
SECTION C – DESCRIPTION/SPECS/WORK STATEMENT
See Section J – List of Attachments
Attachment J.1: Section C – Performance Work Statement
END OF SECTION C
SECTION D – PACKAGING AND MARKING
No Applicable Clauses
END OF SECTION D
SECTION E - INSPECTION AND ACCEPTANCE
CLAUSE(S) INCORPORATED BY REFERENCE
Clause(s) Applicable to Fixed Price Incentive Firm CLIN X001:
FAR CLAUSE TITLE DATE
E-1 52.246-4 Inspection of Services – Fixed-Price AUG 1996
E-2 52.246-16 Responsibility for Supplies APR 1984
Clause(s) Applicable to Cost-Reimbursement CLIN X002:
E-3 52.246-3 Inspection of Supplies – Cost-Reimbursement MAY 2001
E-4 52.246-5 Inspection of Services – Cost-Reimbursement APR 1984
Clause(s) Applicable to All CLINS:
DFAR CLAUSE TITLE DATE
E-5 252.246-7000 Material Inspection And Receiving Report MAR 2008
CLAUSE(S) INCORPORATED BY FULL TEXT
Text Applicable to All CLINs
E-6 Quality/Performance Evaluation
(a) The Government will use a Quality Assurance Surveillance Plan (QASP) IAW FAR 46.401, to monitor compliance with contract terms and conditions, identify conforming and non-conforming services to determine appropriate action under the terms of the contract. This plan sets forth the method and manner by which the Government intends to conduct surveillance of work under the contract, identifies the significance level of each performance requirement according to the definitions for critical, major, and minor non-conformances IAW FAR 46.101, and is subject to unilateral change by the Government without modification of the contract. All work required by the contract is subject to surveillance. The Government will use a web-based Quality Management Tool
(QMT) application to schedule, document, report findings, observations, and recommendations, and file surveillance results. The QMT will also be used to provide completed surveillance documentation to the contractor. The Contractor shall use the QMT to respond to all nonconforming surveillance results. The Government will correspond with the Contractor regarding surveillance activities via the QMT to ensure a full and complete history of the surveillance is retained in a single source. The Contractor shall identify contractor personnel who have the authority to review, acknowledge, and respond to surveillance results and findings in the QMT.
(b) The Contractor shall acknowledge all surveillance results through the QMT within one (1) working day. In addition, and in the event of a nonconformance, the Contractor shall provide a corrective action plan that includes preventive actions and timelines to mitigate future non-compliance when requested by the Contracting Officer’s Representative (COR) in the QMT by the date requested. The Contractor shall update their QCP IAW CDRL A006 as applicable with actions taken and methods to prevent future occurrences.
(c) The Contractor shall ensure all correspondence with the COR regarding surveillance activities is performed using QMT. When the Contractor fails to achieve acceptable performance and such nonconformance is clearly the fault of the contractor, the COR may, at their discretion, document the performance issues and forward it to the Contracting Officer (KO) to issue a Letter of Concern
(LOC) to the contractor. 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 IAW CDRL A006.
(d) Government contract quality assurance actions described above in no way limits the
Governments’ available contractual remedies for nonconformance under any other provisions of the contract.
(End of Text E-6)
END OF SECTION E
SECTION F - DELIVERIES OR PERFORMANCE
Clause(s) Applicable to All CLINS
F-1 52.242-15 Stop-Work Order AUG 1989
Alternate 1 APR 1984
F-2 52.247-34 F.O.B. Destination NOV 1991
F-3 Period of Performance
Services shall be performed as prescribed by the Performance Work Statement – Section C.
1. Base Period – effective date of contract for a period of 12 months.
Base Period includes:
Transition Period: effective date of contract for a period of 3 months.
Full Performance: 3 months from effective date through 9 months thereafter.
2. Option Year One – if exercised, 12 months from effective date until 12 months thereafter.
3. Option Year Two – if exercised, 24 months from effective date until 12 months thereafter.
4. Option Year Three – if exercised, 36 months from effective date until 12 months thereafter.
5. Option Year Four – if exercised, 48 months from effective date until 12 months thereafter.
(End of Text F-3)
F-4 Deductions
In accordance with FAR clause 52.246-4 Inspection of Services - Fixed Price, all deductions as a failure to meet performance requirements as established in the Contract will be deducted from the total target cost and ceiling cost, and will be accomplished either through negotiations, issuance of a bi-lateral modification, or issuance of a unilateral modification by the Contracting Officer.
(End of Text F-4)
END OF SECTION F
SECTION G - CONTRACT ADMINISTRATION DATA
Clause(s) Applicable to All CLINs
DFARS CLAUSE TITLE DATE
G-1 252.204-7006 Billing Instructions OCT 2005
G-2 DFARS 252.232-7006 -- Wide Area WorkFlow Payment Instructions (MAY 2013)
(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.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
2-in-1 Invoice for the Fixed-Price-Incentive-Firm (FPIF)
Cost Voucher (Cost CLIN X002)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Not applicable
(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.
http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC SL4701
Issue By DoDAAC SP3300
Admin DoDAAC SP3300
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver
(DoDAAC) To be completed at time of award
Service Acceptor
(DoDAAC)
DoDAAC where COR/POC is located
To be completed at time of award
Accept at Other DoDAAC To be completed at time of award
LPO DoDAAC
DCAA Auditor DoDAAC
DoDAAC of cognizant DCAA Office for
Successful Offeror
To be completed at time of award
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the
“Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Administrative Acquisition Specialist: tyler.houser@dla.mil
(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:
tyler.houser@dla.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988
(End of clause)
G-3 WAWF INVOICING PROCEDURES
Invoices shall be submitted in accordance with WAWF procedures provided in DFARS Clause
252.232-7006 Wide Area WorkFlow Payment Instructions (MAY 2013). The points of contact for
Invoicing are listed below.
WAWF POINT OF CONTACT TABLE FOR INVOICING
DLA Distribution
DODAAC
COR: To Be Completed at Time of Contract Award
DLA Distribution
Com:
Email:
RFP SP3300-19-R-5004
mailto:eric.berns@dla.mil
Invoices shall be submitted monthly in arrears. Invoices shall contain all required price and cost documentation, as applicable. Invoices shall be neat and legible and clearly state the applicable
CLINs, date of performance, labor hours, repair parts and associated costs, travel costs, and all other applicable information. Invoices shall include a separate Invoice Summary by month and by CLIN showing the monthly costs and cumulative costs per year. This shall be reviewed by the COR and
Contract Specialist to insure that contract requirements as stated in the Schedule of
Supplies/Services are being performed within the contract funding totals. WAWF submission of invoices shall follow CDRL submission and COR approval. The approved CDRL shall be uploaded as an attachment in WAWF.”
(End of Text G-3)
G-4 Designation of COR/Alternate COR
(a) The Contracting Officer (KO) will designate a COR/Alternate COR for this contract in writing prior to performance. The COR/Alternate COR is responsible for monitoring progress and overall management of Contractor performance hereunder. In no event, however, shall any understanding or agreement, modification, change order, or other matter deviating from the terms of subject contract between the Contractor and any person other than the KO be effective or binding upon the Government, unless formalized by proper contractual documents executed by the KO prior to completion of this contract.
(b) On all matters that pertain to contract terms, the Contractor shall contact the KO. When, in the opinion of the Contractor, the COR/Alternate COR requests effort outside the existing scope of the order or contract, the Contractor shall promptly notify the KO in writing. The Contractor under such request shall take no action unless authorized by the KO that the request is within the scope of the contract or the KO has issued a contractual modification.
(End of Text G-4)
G-5 Invoicing Instruction
(a) Invoices shall be submitted not later than the tenth (10th) working day after the end of the previous month in accordance with instructions provided in DFARS 252.232-7006 Wide Area
WorkFlow Payment Instructions (May 2013). In accordance with DFARS 252.232-7006 and
FAR 52.216-7 Allowable Cost and Payment (Jun 2013). The amount claimed to be due shall be indicated for the Contract and Contract Line Item Numbers (CLINs).
(b) Fixed Price Incentive Firm (FPIF) CLIN X001 shall be paid at the unit price of the Total
Target Price on a monthly basis. The Contractor shall submit a monthly report as identified in
C-5.12, Mandatory Reports, CDRL A008, Monthly Cost Report for FPIF CLIN. The report shall be included in the Wide Area Workflow system as supporting documentation for the invoice. At the end of the performance period, the Government and Contractor shall negotiate the Total Target Price in accordance with SECTION I, FAR 52.216-16 -- Incentive Price
Revision -- Firm Target (Oct 1997) and Alternate I (Apr 1984).
(c) Reimbursement requests for Cost Reimbursement CLIN X002 shall be documented using the report format in Section C-5.12, Mandatory Reports, CDRL A009, CLIN X002 Monthly Cost
Report for CR CLIN. The report shall be included in the Wide Area Workflow system as supporting documentation for the invoice. Documentation shall be provided which fully supports the amount claimed for payment IAW FAR 31.205 such as paid receipts for materials purchased, copies of quotes obtained, paid receipts for travel costs, detailed per diem statements
IAW the Joint Travel Regulations, etc. The Government will reimburse the Contractor for actual costs plus applicable indirect costs per Section B of the contract. The prime contractor may include Material Handling expense at TBD% except for subcontractor costs that have already included material handling or G&A costs. No Fee is allowed under this CLIN.
(End of Text G-5)
G-6 Payment, Selected Items of Cost Reimbursement Contracts
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, “Allowable Cost and Payment (FAR 52.216-7)” for cost reimbursement contracts or “Payments under Time-and-Material/Labor Hour Contracts” (FAR
52.232-7)” for time-and-material or labor hour 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.
(End of Text G-6)
G-7 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 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;
RFP SP3300-19-R-5004
https://www.cpars.gov/pdfs/CPARS_User_Manual.pdf
(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.
(End of Text G-7)
G-8 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)
G-9 Contract Administration Plan
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: Jada A. Weaver
Address: DLA Distribution
430 Mifflin Ave, Suite 3102A
New Cumberland, PA 17070-5008
Code: DLA DISTRIBUTION J7-AB
Phone: (717)770-4378
Paying Office:
DEFENSE FINANCE & ACCOUNTABIILTY OFFICE
EBS (Formerly BSM)
P.O. Box 369031
Columbus, OH 43236-9031
Fax: 866-313-2340 and Phone 800-756-4571 select Opt 2 and then Opt 2
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) Contracting Officer (KO) should be contacted for general information and shall perform the following functions:
(1) Designates the Contracting Officer's Representative (COR). NOTE: COR authority is not re-delegable.
(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) The COR should be contacted for inquiries/information pertaining to the following functions:
(1) The COR will act as the KO’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
KO in writing. No action shall be taken by the contractor unless the KO has issued a contractual change.
(End of Text G-9)
END OF SECTION G
SECTION H - SPECIAL CONTRACT REQUIREMENTS
Text Applicable to all CLINs
H-1 Competition in Supplies
Contractor shall obtain competition for items purchased over $3,500.00 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 $3,500.00.
(End of Text H-1)
H-2 Accounting System
The contractor shall have an acceptable accounting system. An acceptable accounting system is one that provides for (1) a sound internal control environment, accounting framework, and organizational structure; (2) proper segregation of direct costs from indirect costs; (3) identification and accumulation of direct costs by contract; (4) a logical and consistent method for the accumulation and allocation of indirect costs to intermediate and final cost objectives; (5) accumulation of costs under general ledger control; (6) reconciliation of subsidiary cost ledgers and cost objectives to general ledger; (7) approval and documentation of adjusting entries; (8) periodic monitoring of the system; (9) a timekeeping system that identifies employees’ labor by intermediate or final cost objectives; (10) a labor distribution system that charges direct and indirect labor to the appropriate cost objectives; (11) interim (at least monthly) determination of costs charged to a contract through routine posting of books of account; (12) exclusion from costs charged to
Government contracts of amounts which are not allowable in terms of Federal Acquisition
Regulation (FAR) part 31, Contract Cost Principles and Procedures, and other contract provisions;
(13) identification of costs by contract line item and by units (as if each unit or line item were a separate contract), if required by the contract; (14) segregation of preproduction costs from production costs, as applicable; (15) cost accounting information, as required (i) by contract clauses concerning limitation of cost (FAR 52.232-20), limitation of funds (FAR 52.232-22), or allowable cost and payment (FAR 52.216-7); and (ii) to readily calculate indirect cost rates from the books of accounts; (16) billings that can be reconciled to the cost accounts for both current and cumulative amounts claimed and comply with contract terms; (17) adequate, reliable data for use in pricing follow-on acquisitions; and (18) accounting practices in accordance with standards promulgated by the Cost Accounting Standards Board, if applicable, otherwise, Generally Accepted Accounting
Principles.
(End of Text H-2)
H-3 Hiring
The Contractor shall maintain records for all personnel hired. At a minimum, the Contractor shall maintain records that support the personnel hired meet 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-3)
H-4 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 in
Attachment J.1, Statement of Work, Section 1.3.1 entitled “Key Personnel” and shall be fully capable of performing in an efficient, reliable and professional manner.
(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 90 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 (f) 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 (f) below.
(e) All proposed substitutions or additions shall be submitted, in writing, to the Contracting Officer
(KO) 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 KO 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 key personnel labor category, but not the overall level of effort of the contract occurs, the Contractor shall submit to the KO a written request for approval to add personnel to the designated key personnel labor category. The information required is the same as that required in paragraph (f) above.
The additional personnel shall have qualifications greater than or equal to at least one (1) of the individuals proposed for the designated key personnel labor category.
(g) The KO 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 KO 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 KO for default or for the convenience of the Government, as appropriate. Alternatively, at the KO’s discretion, if the Contracting Officer finds the Contractor to be at fault for the condition, the KO may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor’s action.
(End of Text H-4)
H-5 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)
H-6 Government-Furnished Equipment/Vehicles
(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. If the Contractor does not find the damage to be Contractor-at-fault damage, and the KO or designee suspects that the
Contractor’s negligence or willful misconduct was the cause of the damage, a Report of Survey or Financial Liability Inventory of Property Loss (FLIPL) will be initiated.
(End of Text H-6)
H-7 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 H-7)
H-8 Unilateral Unpriced Order
(a) When the Government determines, in circumstances of emergency or exigency, that the need for specific supplies or services is unusually urgent, the Ordering Officer may issue a unilateral unpriced order requiring the Contractor to provide the supplies or services specified.
(b) The unilateral unpriced order shall specify the estimated cost and fee and the desired delivery schedule for the work being ordered. The Government’s desired delivery shall apply unless the
Ordering Officer receives written notification from the Contractor within fifteen (15) days after receipt of the order that the proposed delivery schedule is not acceptable. Such notification shall propose an alternate delivery schedule. The Contractor shall submit its cost proposal within thirty (30) days after receipt of the order. The Government has no obligation to pay for the supplies or services ordered until the actual price and delivery schedule have been negotiated. In no event shall the costs incurred exceed the estimated cost of the order before the proposal is submitted.
(c) The Contractor shall include in its proposal a statement of costs incurred and an estimate of costs expected to complete the work. Data supporting the accuracy and reliability of the cost estimate should also be included. After submission of the Contractor’s cost proposal and supporting data, the Contractor and the Ordering Officer shall negotiate a bilateral modification to the original order finalizing the price and delivery schedule, which will be specified in a bilateral modification to the original order.
(d) Should the Ordering Officer and the Contractor be unable to reach an agreement as to the terms of the order, the conflict shall be referred to the Contracting Officer who shall issue such direction as is required by the circumstances. If a bilateral agreement is not negotiated within sixty (60) days after submission of the Contractor’s cost proposal, the Contracting Officer will issue a modification to the unilateral unpriced order which establishes the Government’s total estimated cost for the order. This estimate will remain in effect until a final price is established in a bilateral modification to the order.
(e) Failure to arrive at an agreement shall be considered a “dispute” in accordance with the Disputes
Clause.
(End of Text H-8)
H-9 Limitations on Subcontracting
In order to monitor compliance with the Limitations on Subcontracting (LOS) clause at FAR 52.219-
14, the successful small business contractor must demonstrate semi-annually that it has performed
50 percent of personnel costs with its own employees. Accordingly, a semi-annual subcontracting report detailing the subcontracting percentages for the cost of all personnel between the small business prime and all major subcontractors shall be submitted to the Contracting Officer identified on page 1, block 26 (address in block 7). The total cost for personnel should be based on the combined total of performance at the end of each six (6) month period starting from the date of contract award. (Note – this does not mean the 50% minimum applies to work performed under each individual task order or that a contractor must meet the requirement cumulatively for all work performed under all task orders at any given point in time.) A sample report will be provided upon request, or the contractor may utilize any other format that clearly captures the distribution of employee labor between the small business prime and any subcontractors.
(End of Text H-9)
END OF SECTION H
SECTION I - CONTRACT CLAUSES
I-1 52.202-1 Definitions NOV 2013
I-2 52.203-3 Gratuities APR 1984
I-3 52.203-5 Covenant Against Contingent Fees MAY 2014
I-4 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
I-5 52.203-7 Anti-Kickback Procedures MAY 2014
I-6 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
MAY 2014
I-7 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
I-8 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
I-9 52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015
I-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
I-11 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
I-12 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
I-13 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
I-14 52.204-13 System for Award Management Maintenance OCT 2018
I-15 52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts
OCT 2016
I-16 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
I-17 52.208-4 Vehicle Lease Payments APR 1984
I-18 52.208-5 Condition of Leased Vehicles APR 1984
I-19 52.208-6 Marking of Leased Vehicles APR 1984
I-20 52.208-7 Tagging of Leased Vehicles MAY 1986
I-21 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014
I-22 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
I-23 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
I-24 52.209-10 Prohibition on Contracting with Inverted Domestic
Corporations
NOV 2015
I-25 52.210-1 Market Research APR 2011
I-26 52.211-5 Material Requirements AUG 2000
I-27 52.215-2 Audit and Records -- Negotiation OCT 2010
I-28 52.215-8 Order of Precedence -- Uniform Contract Format OCT 1997
I-29 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data
--Modifications
AUG 2011
I-30 52.215-12 Subcontractor Certified Cost or Pricing Data (Deviation
2018-O0015)
OCT 2010
I-31 52.215-13 Subcontractor Certified Cost or Pricing Data -- Modifications OCT 2010
I-32 52.215-14 Integrity of Unit Prices OCT 2010
I-33 52.215-15 Pension Adjustments and Asset Reversions OCT 2010
I-34 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997
I-35 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other Than Pensions
JUL 2005
I-36 52.215-19 Notification of Ownership Changes OCT 1997
I-37 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
I-38 52.215-23 Limitations on Pass-Through Charges OCT 2009
I-39 52.216-11 Cost Contract – No Fee APR 1984
I-40 52.217-8 Option to Extend Services NOV 1999
I-41 52.219-6 Notice of Total Small Business Set-Aside NOV 2011
I-42 52.219-8 Utilization of Small Business Concerns NOV 2016
I-43 52.219-14 Limitations on Subcontracting JAN 2017
I-44 52.219-17 Section 8(a) Award JAN 2017
I-45 52.219-18 Notification of Competition Limited to Eligible 8(a)
Participants
JAN 2017
I-46 52.219-28 Post-Award Small Business Program Representation JUL 2013
I-47 52.222-1 Notice to the Government of Labor Disputes FEB 1997
I-48 52.222-2 Payment for Overtime Premiums JUL 1990
I-49 52.222-3 Convict Labor JUN 2003
I-50 52.222-4 Contract Work Hours and Safety Standards -- Overtime
Compensation
MAY 2018
I-51 52.222-17 Nondisplacement of Qualified Workers MAY 2014
I-52 52.222-21 Prohibition Of Segregated Facilities APR 2015
I-53 52.222-26 Equal Opportunity SEP 2016
I-54 52.222-37 Employment Reports on Veterans FEB 2016
I-55 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
I-56 52.222-41 Service Contract Labor Standards AUG 2018
I-57 52.222-43 Fair Labor Standards Act and Service Contract Labor
Standards -- Price Adjustment (Multiple Year and Option
Contracts)
AUG 2018
I-58 52.222-50 Combating Trafficking in Persons MAR 2015
I-59 52.222-54 Employment Eligibility Verification OCT 2015
I-60 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015
I-61 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017
I-62 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
I-63 52.223-6 Drug-Free Workplace MAY 2001
I-64 52.223-10 Waste Reduction Program MAY 2011
I-65 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons
JUN 2016
I-66 52.223-16 Acquisition of EPEAT® -Registered Personal Computer
Products
OCT 2015
I-67 52.223-17 Affirmative Procurement of EPA-Designated Items in
Service and Construction Contracts
MAY 2008
I-68 52.223-18 Encouraging Contractor Policies to Ban Text Messaging
While Driving
AUG 2011
I-69 52.223-19 Compliance With Environmental Management Systems MAY 2011
I-70 52.224-1 Privacy Act Notification APR 1984
I-71 52.224-2 Privacy Act APR 1984
I-72 52.225-13 Restriction on Certain Foreign Purchases JUN 2008
I-73 52.227-1 Authorization and Consent DEC 2007
I-74 52.227-2 Notice and Assistance Regarding Patent and Copyright
Infringement
DEC 2007
I-75 52.227-3 Patent Indemnity APR 1984
I-76 52.227-14 Rights in Data -- General MAY 2014
I-77…
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