RFP SP330020R5004_Sections B-M_Conformed thru Amendment 0001.docx

SP3300-20-R-5004

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

INSTRUCTIONS

This requirement is solicited as a competitive 8(a) Set-Aside in accordance with FAR 19.8, Contracting with the Small Business Administration (The 8(a) Program), for a wide range of warehouse and distribution operation service requirements to support surge and non-recurring services across DLA locations worldwide. The Government contemplates the award of a single award Indefinite Delivery/Indefinite Quantity contract inclusive of Cost-Plus-Fixed-Fee (CPFF), Cost Reimbursement (CR) No Fee, and Firm-Fixed Price (FFP) line items resulting from this solicitation.

This acquisition has been offered to SBA and accepted under case number 0303-19-101819-01. Award will be made on the basis of competition limited to eligible 8(a) firms.

Solicitation Instructions (Totals): Offerors shall enter the Total Estimated Value for the entire contract.

COST-PLUS-FIXED-FEE (CPFF) - CLIN 0001: Costs for Labor shall include all direct labor costs. Costs shall be reimbursed at actual cost plus applicable indirect costs and fixed fee. In accordance with FAR 15.404-4(c)(4)(i)(C), the fixed fee shall not exceed 10% of the contract’s estimated cost, excluding fee. CLIN 0001 shall be invoiced in accordance with SECTION G, DFARS 252.232-7006 -- Wide Area Work Flow Payment Instructions (DEC 2018).

Offerors shall enter their Estimated Cost. Offerors shall insert and apply their applicable Fixed Fee to their estimated cost to arrive at the Total Estimated Cost Plus Fixed Fee. For evaluation purposes, offerors shall utilize the Government estimated total productive labor hours per year and per labor position as reflected in the table in Section L, Paragraph L-23, Volume IV - Cost Proposal of this RFP.

Offerors shall invoice CLIN 0001 in accordance with Section G-4. Offerors shall invoice all costs, including supplier and subcontractor costs, within 90 days from the period of performance completion date identified in the Task Order. Any contract expenses not invoiced within this timeframe may be determined unallowable by the Contracting Officer.

At 90 days, the Government will evaluate all costs billed and allowable for CLIN 0001. Any excess funds will be removed via unilateral modification by the Government.

FIRM-FIXED-PRICE (FFP) - CLINs 0002 and 0005: All labor shall be paid on firm fixed price per month basis for each individual task order. Offerors shall propose a Quantity * Unit Price to arrive at a Total Amount. For evaluation purposes, offerors shall utilize the Government estimated total productive labor hours per year and per labor position as reflected in the table in Section L, Paragraph L-23, Volume IV - Cost Proposal of this RFP.

Offerors shall invoice CLIN 0002 in accordance with Section G-4.

COST REIMBURSEMENT (NO FEE) - CLIN 0003: Offerors shall apply their applicable indirect rate to the estimated cost to arrive at the Not-To-Exceed (NTE) amount. The Contractor shall be reimbursed for actual cost and indirect rate as proposed only.

Offerors shall enter the Government provided Estimated Cost located in Section L, Paragraph L-23, Volume IV - Cost Proposal. Offerors shall insert and apply their applicable indirect rate, supported by their accounting system, to this estimated cost to arrive at the NTE. Offerors shall enter the applicable indirect rate, dollar amount, and the NTE in Section B. No fee shall be applied.

Offerors shall invoice CLIN 0003 in accordance with Section G-4. Offerors shall invoice all costs, including supplier and subcontractor costs, within 90 days from the period of performance completion date identified in the Task Order. Any contract expenses not invoiced within this timeframe may be determined unallowable by the Contracting Officer.

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

REPORTING REQUIREMENTS – CLIN 0004: 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 CLINs 0001 or 0002, only.

SERVICE CONTRACT LABOR STANDARDS: CLINs 0001, 0002, and 0005 include labor subject to the Department of Labor, Service Contract Labor Standards. Offerors must pay at least the direct wage and benefits identified in the applicable Wage Determination; however, Offerors are encouraged to propose rates and benefits necessary to perform in accordance with the Offeror’s overall proposal. Direct labor rates and fringe benefits in excess of wage determination minimums, as well as escalation for Service Contract Labor Standards labor, may be proposed. If higher direct labor rates, fringe rates/benefits, or escalation are proposed, offerors may not receive increases when wage determinations are modified; therefore offerors shall ensure that any proposed escalation rates are commensurate with the commercial marketplace. Offerors are encouraged to review FAR 52.222-43(d) which outlines how wage determination changes are incorporated.

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

OCONUS SUPORT: This contract includes OCONUS support. Offerors are encouraged to utilize local national labor to the maximum extent possible to reduce labor, per diem, and other direct costs.

IDIQ MINIMUM AND MAXIMUM QUANTITIES: As referred to in paragraph (b) of FAR Clause 52.216-22 Indefinite Quantity (reference Section I), the minimum value of the services is $750,000.00. The maximum value of the services is $125,000,000.00.

IDIQ TASK ORDERS: Task Orders issued under the resultant contract may be issued unilaterally or bilaterally as determined by the Contracting Officer. Task Orders may be issued utilizing CPFF, FFP, or both labor CLIN types. The Contracting Officer will identify which labor CLIN(s) is applicable at the time of Request for Proposal.

A Request for Proposal will be issued and the Contractor will submit a proposal based on the Government provided Performance Work Statement, which may provide applicable labor categories and hours, and the applicable Other Direct Costs. The Government and Contractor will negotiate pricing for each Task Order. The exempt labor rates and applicable indirect rates will remain as proposed for the basic contract, while non-exempt labor rates will be derived from the applicable Wage Determination based on the location of task order performance. Incentives may be utilized in unique circumstances (e.g. short duration, short suspense, security clearance requirements) and inclusion will be negotiated on a task order basis. See Section L-23, VOLUME IV – COST PROPOSAL, for additional information regarding incentives. If offerors do not propose incentives as part of their proposal submission, incentives will not be permitted during contract execution.

The only exception to deviate from the base labor rates for exempt employees will be for Cost of Living Allowances for OCONUS requirements.

LIMITATIONS ON INDIRECT COST RATES:

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

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

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

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

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

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

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

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

***The Limitations on Indirect Cost Rates applies to the cost type CLINs 0001 and 0003. Rates subject to the limitation include fringe, overhead, material handling, and/or General and Administration (G&A).

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ORDERING PERIOD:

April 1, 2021 through March 31, 2026

Perform Distribution Labor Support Services as described in the Performance Work Statement (PWS) Attachment J.1

Estimated Cost

Fixed Fee ____%

Total Cost (Estimated Cost Plus Fixed Fee)

Perform Distribution Labor Support Services as described in the Performance Work Statement (PWS) Attachment J.1

Material Support Costs and Travel/Training

Government Provided Estimate

$38,947,590.84

Applicable Indirect Rate ____%

Not-to-Exceed (NTE)

A001 - Transition Plan and Weekly Reports

A002 - SOH Plan and Reporting

A003 - Electrostatic Discharge (ESD) Control Program

A004 - Mission Essential Contractor Services Plan

A005 - Internal Order Number (ION) Reporting

A006 - Quality Control Plan

A007 - Customer Service Support (CSS) Procedures-On-Call Response Roster

A008 - Location Survey Schedule

A009 – Management and Contract Compliance Plan (MCCP)

A010 – Monthly Cost Report for CPFF CLIN 0001

A011 - Reserved

A012 – Monthly Cost Report for Material Support and Travel/Training CLIN 0003

A013 - Reserved

A014 - Reserved

A015 - Reserved

A016 - Open and Unconfirmed Material Release Orders (MRO)

A017 - Government Cargo Recovery Effort (GOCARE) Program

A018 – DOT Exemption Usage Report

A019 – Storage Space Management Report (SSMR)

A020 – Shipment to Restricted Country Approval Necessary

A021 – Training Report

A022 – RPO Quarterly Audit Checklist

A023 – Storage and Warehousing Plan

A024 – Physical Security Plan

A025 – Container Reclamation Report

A026 – Wood Packaging Material (WPM) Report

A027 – Monthly Contractor Employee CAC Report

A028 – Floor to Book Report (Portfolio)

A029 – MPC Cargo Status Report

A030 – Transition-out Plan

Services to Perform Transition per C.1.8 of the PWS

PoP: 3 Months (April 1, 2021 – June 30, 2021)

TOTAL ESTIMATED VALUE:

END OF SECTION B

Conformed thru Amendment 0001

SECTION C – DESCRIPTION/SPECS/WORK STATEMENT

C-1 See Section J – List of Attachments

C-2 Attachment J.1: Section C – Performance Work Statement

C-3 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.

C-4 DLAD Procurement Note C14: Repackaging or Relabeling to Correct Deficiencies (AUG 2017)

The Government may correct packaging or labeling deficiencies if the estimated costs of the corrections are $300 or less ($500 for C&T items). The contracting officer will advise the contractor of the discrepancy and that the Government has completed the repackaging or relabeling. Upon receipt of notice from the contracting officer, the contractor shall reimburse the Government for the costs incurred by the Government to correct the deficiencies. If the estimated costs of repackaging or relabeling are more than $300 ($500 for C&T), the contracting officer may advise the contractor of the discrepancy and have the material returned to the contractor for correction/resubmittal; or, if there are urgent requirements, have the Government remediate the discrepancy at the contractor’s expense. Upon receipt of notice from the contracting officer, the contractor shall reimburse the Government for the costs incurred by the Government to correct the deficiencies.

END OF SECTION C

SECTION D – PACKAGING AND MARKING

No Applicable Clauses

END OF SECTION D

SECTION E - INSPECTION AND ACCEPTANCE

CLAUSE(S) INCORPORATED BY REFERENCE

Clause(s) Applicable to Fixed Price CLINs 0002 and 0005:

Clause(s) Applicable to Cost-Reimbursement CLIN 0001 and 0003:

CLAUSE(S) INCORPORATED BY FULL TEXT

Text Applicable to All CLINs

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. The Government will use a web-based Quality Management Tool (QMT) application to schedule, document, report findings, observations, and recommendations, and file surveillance results. The QMT will also be used to provide completed surveillance documentation to the contractor. The Contractor shall use the QMT to respond to all nonconforming surveillance results. The Government will correspond with the Contractor regarding surveillance activities via the QMT to ensure a full and complete history of the surveillance is retained in a single source. The Contractor shall identify contractor personnel who have the authority to review, acknowledge, and respond to surveillance results and findings in the QMT.

(b) The Contractor shall acknowledge all surveillance results through the QMT within one (1) working day. In addition, and in the event of a nonconformance, the Contractor shall provide a corrective action plan that includes preventive actions and timelines to mitigate future non-compliance when requested by the Contracting Officer’s Representative (COR) in the QMT by the date requested. The Contractor shall update their Quality Control Plan (QCP) IAW CDRL 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) for consideration of a Letter of Concern (LOC) IAW F-5. In response to the LOC, the contractor shall explain within the suspense timeframe in the LOC, in writing, why performance was unacceptable, how performance will be returned to acceptable levels and how recurrence of the problem will be prevented in the future. The KO will evaluate the contractor’s explanation and determine the appropriate action. If additions or changes are made for the Contractor’s Quality Control Inspections as a result of the LOC, the Contractor shall update their QCP IAW CDRL 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-4)

END OF SECTION E

SECTION F – DELIVERIES OR PERFORMANCE

CLAUSE(S) INCORPORATED BY REFERENCE

Clauses(s) applicable to All CLINs

CLAUSE(S) INCORPORATED BY FULL TEXT

F-3 Period of Performance

Services shall be performed as prescribed by the basic contract and all attachments.

The ordering period for the contract is from the effective date of contract for a period of 60 months (5 Years).

(End of Text F-3)

F-4 Acceptable Performance Levels

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

If the Contractor identifies that one or more Acceptable Performance Levels were not met due to circumstances outside the Contractor’s control, the Contractor shall include details and a request for a waiver of the Acceptable Performance Level. This request shall be provided to the Contracting Officer or designee with a copy to the Acquisition Specialist by the 3rd working day of the following month. The information and request will be considered with disposition provided to the Contractor by the 10th working day of the following month. Late Contractor requests will not be considered and may be subject to a Letter of Concern.

(End of Text F-4)

F-5 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 price, and will be accomplished either through negotiations, through issuance of a bi-lateral modification, or through issuance of a unilateral modification by the Contracting Officer.

In accordance with FAR clause 52.246-5 Inspection of Services-Cost-Reimbursement, all deductions as a failure to meet performance requirements as established in the Contract will be taken from fee only and will be accomplished either through negotiations, through issuance of a bi-lateral modification or through issuance of a unilateral modification by the Contracting Officer.

(End of Text F-5)

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

ACCOUNTING AND APPROPRIATION DATA

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

Clause(s) Applicable to All CLINs

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.

(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

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

2-in-1 Invoice for CLINs 0001 and 0003

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

To be completed at time of award

Other DoDAAC(s)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

scott.lesh@dla.mil

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

(End of clause)

G-3 WAWF INVOICING PROCEDURES

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

WAWF POINT OF CONTACT TABLE FOR INVOICING

DLA Distribution

DODAAC: SB3300

COR: Eric Jensen Com: 717-770-5144 Email: eric.jensen@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 Invoicing Instruction

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

(b) Reimbursement requests for Cost-Plus-Fixed-Fee (CPFF) CLIN 0001 shall be fully documented with Contractor payroll records showing name, labor category, labor rate, and hours worked using the report format in Section C-6.6, Mandatory Reports, CDRL A010, Monthly Cost Report for CLIN 0001. The report shall be included in the Wide Area Workflow system as supporting documentation for the invoice. The contractor shall invoice at the percentage rates of fixed fee identified in Section B of this contract. Costs shall be reimbursed at actual cost plus applicable indirect costs per Section B of the contract. Fixed Fee for CLIN 0001 shall be billed at 1/nth of the fee amount per month where "n" equals the number of months in the period of performance for the CLIN. The total fee amount shall be reduced by 15% prior to dividing by the number of months, to account for Fixed Fee Withholding per FAR 52.216-8.

(c) Firm-Fixed Price (FFP) CLINs 0002 & 0005 shall be paid at the unit price on a monthly basis.

(d) Reimbursement requests for Cost Reimbursement CLINs 0003 shall be documented using the report format in Section C-6.6, Mandatory Reports, CDRLs A012, Monthly Cost Report - ODCs CLIN 0003. The reports shall be included in the Wide Area Workflow system as supporting documentation for the invoice. Documentation shall be provided which fully supports the amount claimed for payment IAW FAR 31.205 such as paid receipts for materials purchased, copies of quotes obtained, paid receipts for travel costs, detailed per diem statements IAW the Joint Travel Regulations, etc. The Government will reimburse the Contractor for actual costs plus applicable indirect costs per Section B of the contract. The prime contractor may include Material Handling expense at TBD% except for subcontractor costs that have already included material handling or G&A costs. No Fee is allowed under these CLINs.

(End of Text G-4)

G-5 Designation of COR/Alternate COR

1. 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.

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

(End of Text G-5)

G-6 Payment, Selected Items of Cost Reimbursement Contracts

Travel Costs

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

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

(3) Auto Rental: Reimbursement for the use of rental cars (most economical class available consistent with the need) by the Contractor’s personnel will be at actual cost.

(4) Other Public 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. The Contracting Officer must specifically address per diem as permissible in each Task Order. 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, “Allowable Cost and Payment (FAR 52.216-7)” 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.

(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 will 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.

(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

Acquisition Specialist:

Name: Scott Lesh Address: DLA Distribution 430 Mifflin Ave, Suite 3102A New Cumberland, PA 17070-5008 Code: DLA DISTRIBUTION J7-AB Phone: 717-770-4245

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: Eric Jensen Address: DLA Distribution 430 Mifflin Ave, Suite 3102A New Cumberland, PA 17070-5008 Code: DLA DISTRIBUTION J7-AF Phone: 717-770-5144

Alternate Contracting Officer's Representative (ACOR):

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

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

(1) Designates the COR and ACOR. 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) 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.

i. 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.

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

iii. Ensure that a COR monthly report and CAC log is uploaded to the SPM tool.

(5) 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.

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

(d) 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.

(e) 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 ensure that best value is obtained, and that costs are allowable and allocable to the contract.

(End of Text H-1)

H-2 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 contract.

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 in support of contract performance. 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 Labor Standards-exempt employee is hired, the records supporting the employee’s 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 Labor Categories” 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 180 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. The Contractor agrees that after the first 180 days of the contract performance period, it will promptly notify the Contracting Officer of pending key personnel vacancies. The Contractor shall include the timeline for hiring as well as how the Contractor will ensure the position duties will be performed while the position is vacant.

(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 (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 (e) 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…