SP3300-22-R-5003 0001 (TRACKED).docx

SP3300-22-R-5003

SECTION B - INSTRUCTIONS

This requirement is solicited as an unrestricted, full and open competition for the DLA Distribution, Corpus Christi, Texas (DDCT) Third-Party Logistics (3PL) Hazardous Material (HM) Services for Corpus Christi Army Depot (CCAD). This is a hybrid Firm-Fixed-Price (FFP), Cost-Plus-Fixed-Fee (CPFF), and Cost Reimbursement (CR) No fee type contract, with a base period of (1) year and four (4), one (1) year options. The place of performance is at CCAD.

PRICING INSTRUCTIONS:

All CLINs shall be invoiced in accordance with SECTION G-4, INVOICING INSTRUCTIONS.

FIRM-FIXED-PRICE (FFP) ARRANGEMENT – CLINS X001: Price for labor to support all tasks in accordance with section J.1 - Performance Work Statement shall be paid on a firm-fixed-price basis. Offeror shall insert the monthly unit price and the total extended price.

COST-PLUS-FIXED-FEE (CPFF) ARRANGEMENT – CLINS X002: Costs for procurement of Hazardous Material (HM). Offerors shall apply ONLY their applicable indirect rate(s) and fixed fee to the Government provided estimated cost to arrive at the Total Estimated Cost, Plus Fixed Fee amount. 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. The Government has provided its estimated costs.

The contractor is required to obtain competition for all material purchases, regardless of dollar value, to the maximum extent practicable, which will be monitored by the Contracting Officer’s Representative (COR). The Contractor will be required to continuously improve demand projections to enhance material availability, buying power, pinpointing improvement opportunities to reduce HM costs. The contractor will be authorized to use Government Sources of Supply (i.e. DLA, GSA and NIB/NISH).

COST REIMBURSEMENT (CR) NO FEE ARRANGEMENT – CLINS X003: Costs for Material Support, MHE, MHE Maintenance, Travel, and Training. The Contractor shall be reimbursed for actual costs and their applicable indirect rate only. No fee shall be applied. The Government has provided its estimated costs.

REPORTING REQUIREMENTS – CLIN X004 (NSP): The reporting requirements are 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 the FFP CLINs only.

FIRM-FIXED-PRICE (FFP) ARRANGEMENT – CLIN 0005: Price for contract transition in accordance with section J.1 - Performance Work Statement shall be paid on a firm-fixed-price basis. Offeror shall insert the monthly unit price and the total extended price.

CLINS X002 and X003 INVOICING AND EXCESS FUNDS Offerors shall invoice CLINs X002 and X003 in accordance with Section G-4. Offerors shall invoice all costs, including supplier and subcontractor costs, within 90 days from the CLIN period of performance completion date identified in the contract. 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 may be removed via unilateral modification by the Government.

LIMITATIONS ON INDIRECT COST RATES –CLINs X002 and X003:

(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 CLINs X002 and X003. Rates subject to the limitation include overhead, material handling, and/or General and Administration (G&A).

INDIRECT RATES AFTER AWARD:

If an Offeror fails to identify or disclose as part of its proposal an indirect cost rate that would otherwise be applicable to one of the support or subcontract cost items, it shall not be allowed to invoice for the indirect rate after award since the evaluation of its offer did not include that rate.

EXCESS/WASTE:

Offerors are cautioned that hazardous materials shall be ordered and stocked to the levels determined by the Contractor to be necessary to support the FRCs and to that identified in the contract (never out listing for long lead items). Any hazardous materials ordered and unsold as part of regular stock will be considered excess/waste. Any amounts above the quantities identified in the never out list will also be considered excess/waste. Failure to adhere to First In First Out (FIFO) procedures which creates excess/waste for regular stock or never out quantities will also be considered excess/waste. These types of excess/waste will not be reimbursed by the Government and will remain the property of the Contractor. Offerors shall reference the Performance Work Statement for more details.

These unsold, excess/waste quantities are unallowable under this contract. Accordingly, the Government will not reimburse these quantities as a direct cost or indirectly through a rate which is only allocable to this contract whether or not the rate was intended to be allocable to other contracts at the time of award.

CONTRACTOR PROPOSAL:

Offeror proposal(s) will be incorporated and form a part of the contract(s), when awarded. Proposal submission and contract award are based upon commitments included in offeror submissions. Compliance to proposal(s) will be monitored along with performance to the basic contract terms and conditions.

ACCESS TO THE TECHNICAL LIBRARY AND TECHNICAL EXHIBITS (TEs):

The technical library for this RFP and TEs shall be posted to SAM.gov on a restricted basis. Below is the process for requesting access to the technical library:

a. If a package requires explicit access, when the packages sub-tab is clicked, the vendor will see a warning indicating that the controlled, unclassified documents require explicit access.

b. To request explicit access, use the “request explicit access” button.

c. If a request for explicit access was previously submitted and is pending review, the vendor will see designation that explicit access was previously requested.

d. Vendors will receive email notification once their request has been approved or rejected.

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

ORGANIZATIONAL CONFLICT OF INTEREST:

(a) The Contracting Officer has determined that this acquisition may give rise to an organizational conflict of interest (OCI). Accordingly, the attention of prospective Offerors is invited to FAR Subpart 9.5 --Organizational Conflicts of Interest.

(b) DLA has received questions regarding potential organizational conflict of interest. Industry concerns appear to raise potential issues that some firms may have gained a competitive advantage based on possession of source selection information that is relevant to the contract but is not available to all competitors, and such information would assist that contractor in obtaining the contract as defined in FAR subpart 9.505(b).

(c) The contracting officer is inviting offerors’ attention to this this issue IAW FAR subpart 9.705-1(a), Solicitation Provisions. Pursuant to FAR subpart 9.507-1(b), the contracting officer has considered these concerns, in particular whether source selection information that is relevant to the contract is available to some competitors and not others and whether possession of such information would assist that contractor in obtaining the contract. The Government has not disclosed any source selection information prepared for use by DLA for the purpose of evaluating any proposal; however, offerors are encouraged to review the definition of “source selection information” as found in FAR subpart 2-101, Definitions, to determine whether any actual or potential organizational conflicts of interest exist at this time.

(d) Individual contracting situations shall be examined by offerors on the basis of its particular facts and any possible impact those facts may have on any future contract award. Given this awareness, DLA is hereby incorporating the requirements of FAR 9.5 into the solicitation requiring any offeror to identify any actual or potential OCIs and to submit an acceptable OCI mitigation plan addressing all OCIs. The Contracting Officer shall not award a contract until the DLA Contracting Officer determines any conflict of interest is reasonably resolved. The Contracting Officer has the sole authority to determine whether an OCI exists and to determine whether the OCI has been reasonably resolved.

(e) The OCI plan will not be evaluated as part of technical acceptability. However, as part of its proposal submission, the Offeror shall submit an acceptable OCI plan (including mitigation plans for any identified OCIs), if applicable. In the event the Offeror determines there is no actual or potential OCI, the offeror must certify to that effect. The Plan or Certification shall be provided under Tab 9 of Volume I of the offeror’s proposal.

(f) The Government may communicate with any Offeror at any time during the evaluation process concerning the submission of any future OCI Mitigation Plan.

(g) Termination for default. If a successful Offeror was aware, or should have been aware, of an OCI before award of this contract and did not fully disclose that conflict to the Contracting Officer, the Government may terminate the contract for default.

(h) Waiver. The agency reserves the right to waive the requirements of FAR 9.5, in accordance with FAR 9.503.

END OF SECTION B

SECTION C – DESCRIPTION/SPECS/WORK STATEMENT

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

C-2 DLAD Procurement Note C02: Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete Materials or Components (DEC 2016)

The contractor shall notify the contracting officer immediately upon determining the unavailability of obsolete materials or components. The contractor may recommend a solution to include the impact on the contract price and delivery. The contractor shall not initiate any item redesign or incur any additional costs without the express, written authorization of the contracting officer.

In the event that manufacturing phase-out or discontinuance of production of such items is contemplated, the contractor is required to notify the contracting officer and publish the discontinuance in the Government-Industry Data Exchange Program (GIDEP), where feasible; and to provide immediate advance notice of production phase-out to DLA DMSMS at dscc.dmsms@dla.mil.

C-3 DLAD Procurement Note C03: Contractor Retention of Supply Chain Traceability Documentation (JUN 2020)

(1) By submitting a quotation or offer, the contractor, if it is not the manufacturer of the item, is confirming it currently has, or will obtain before delivery, and shall retain documented evidence (supply chain traceability documentation), as described in paragraph (2) of this procurement note, demonstrating the item is from the approved manufacturer and conforms to the technical requirements.

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

(3) Contractors can find examples of acceptable supply chain traceability documentation at the Counterfeit Detection and Avoidance Program (CDAP) website (http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/).

(4) The contractor shall immediately make documentation available to the contracting officer upon request. The contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply chain traceability documentation for six years after final payment under this contract for audit and other valid government purposes. If the contractor fails to retain or provide the documentation, or the contracting officer finds the documentation to be unacceptable, the contracting officer may take corrective action, including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.

C-4 DLAD Procurement Note C04: Unused Former Government Surplus Property (DEC 2016)

To be considered for award, the offeror must complete and submit the following representation with their offer. Additional supporting documentation to demonstrate the surplus material offered was previously owned by the Government and meets solicitation requirements must be provided within 24 hours of request by the contracting officer.

(1) The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety. Yes __ No __ The material conforms to the technical requirements cited in the solicitation (e.g., Commercial and Government Entity (CAGE) Code and part number, specification, etc.). Yes __ No __ The material conforms to the revision letter/number if any is cited. Yes __ No __ Unknown __ If No, the revision does not affect form, fit, function, or interface. Yes__ No __ Unknown __ The material was manufactured by:

(Name): ______________________________________________________________________ (Address): _____________________________________________________________________

(2) The offeror currently possesses the material Yes __ No __ If yes, the offeror purchased the material from a Government selling agency or other source.

Yes __ No __ If yes, provide the following:

Government Selling Agency: ______________________________________________________ Contract Number: _______________________________________________________________ Contract Date: (Month, Year): _____________________________________________________ Other Source: __________________________________________________________________ Address: ______________________________________________________________________ Date Acquired: (Month/Year) _____________________________________________________

(3) The material has been altered or modified. Yes __ No __ If Yes, the offeror must provide the name of the company that performed the alteration or modification and attach or forward to the contracting officer a complete description of the alterations or modifications.

(4) The material has been reconditioned. Yes __ No __ If Yes, (i) the price offered includes the cost of reconditioning /refurbishment. Yes __ No __; and (ii) the offeror must provide information on the company that reconditioned the material with the certifications and attach or forward to the contracting officer a complete description of any work done or to be done, including the components to be replaced and the applicable rebuild standard. The material contains cure-dated components. Yes __ No __ If Yes, (i) the price includes replacement of cure-dated components. Yes __ No __; and (ii) provide cure date to the contracting officer.

(5) The material has data plates attached. Yes __ No __ If Yes, the offeror must state below all information contained thereon, or forward a copy or facsimile of the data plate to the contracting officer. ___________________________________________________

(6) The offered material is in its original package. Yes __ No __ If yes, the offeror has stated below all original markings and data cited on the package; or has attached or forwarded to the contracting officer a copy or facsimile of original package markings:

Contract Number ____________________________________________________________________

NSN____________________________________________________________________________

CAGE Code__________________________________________________________________________ Part Number ________________________________________________________________________ Other Markings/Data___________________________________________________________

(7) The offeror has supplied this same material (National Stock Number) to the Government before. Yes __ No __ If Yes, (i) the material being offered is from the same original Government contract number as that provided previously. Yes __ No __; and (ii) state below the Government Agency and contract number under which the material was previously provided:

Agency _________________________________________________________________________ Contract Number_________________________________________________________________

(8) The material is manufactured in accordance with a specification or drawing. Yes __ No __ If Yes, (i) the specification/drawing is in the possession of the offeror. Yes __ No __; and (ii) the offeror has stated the applicable information below or forwarded a copy or facsimile to the contracting officer.

Yes __ No __ Specification/Drawing Number _____________________________________________________ Revision (if any) _________________________________________________________________ Date___________________________________________________________________________

(9) The material has been inspected for correct part number and for absence of corrosion or any obvious defects. Yes __ No __ If Yes, (i) material has been re-preserved. Yes __ No __; (ii) material has been repackaged. Yes __ No __; (iii) percentage of material that has been inspected is ____%; and/or (iv) number of items inspected is _______; and (v) a written report was prepared. Yes __ No __; and if Yes, the offeror has attached the written report or forwarded it to the contracting officer. Yes__ No__ The offeror agrees that in the event of award and notwithstanding the provisions of the solicitation, Inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for source or destination inspection.

The offeror has attached or forwarded to the contracting officer one of the following, to demonstrate that the material being offered was previously owned by the Government (offeror check which one applies):

___ For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding DLA Disposition Services Form 1427, Notice of Award, Statement and Release Document.

___ For DLA Disposition Services Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original purchaser to resell the material.

___ When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original package markings and data, including NSN, commercial and Government entity (CAGE) code and part number, and original contract number. (This information has already been provided in paragraph (c)(6) of this clause. Yes __ No __.)

___ When none of the above are available, other information to demonstrate that the offered material was previously owned by the Government. Describe and/or attach.

This only applies to offers of Government surplus material. Offers of commercial surplus, manufacturer’s overruns, residual inventory resulting from terminated Government contracts, and any other material that meets the technical requirements in the solicitation but was not previously owned by the Government will be evaluated in accordance with the DLAD procurement note L04, Offers for Part Numbered Items.

If requested by the contracting officer, the offeror shall furnish sample units, in the number specified, to the contracting officer or to another location specified by the contracting officer, within 10 days after the contracting officer's request. The samples will be furnished at no cost to the Government. All such samples not destroyed in evaluation will be returned at the offeror's expense. The samples will be evaluated for form, fit, and function with subassembly, assembly, or equipment with which the items are to be used. End items furnished under any contract award to the offeror furnishing the samples can include the returned samples, and all acceptable end items will have a configuration identical to the samples. If specific tests of the samples' performance are made by the Government, the offeror will be furnished the results of such tests prior to a contract being entered into. In addition to any other inspection examinations and tests required by the contract, the performance of the end items will be required to be as good as that of the samples submitted.

In the event of award, the contractor will be responsible for providing material that is in full compliance with all requirements in the contract or order. The surplus material to be furnished must meet the requirements of the current contract or order, whether or not the material met Government requirements in existence at the time the material was initially manufactured or sold to the Government. If higher-level contract quality requirements apply to the material being acquired, those requirements do not apply to surplus material furnished under this contract.

C-5 DLAD Procurement Note C05: Changes to Key Personnel (OCT 2016)

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

C-6 DLAD Procurement Note C08: Tailored Logistics Support Purchasing Reviews (FEB 2017)

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

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

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

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

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

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

C-7 DLAD Procurement Note C14: Correction of Nonconforming Packaging or Marking (MAY 2020)

(1) The Government may correct nonconforming packaging or marking for receipts of DLA-owned materiel if the estimated costs of correction are $1,000 or less. The contracting officer will advise the contractor of the discrepancy and that the Government has corrected the packaging or marking. The contracting officer will make a determination concerning appropriate reimbursement by the contractor for the Government’s costs to correct the deficiencies. Upon determining that reimbursement is required, the contracting officer will send a notice to the contractor. 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.

(2) If the estimated costs of correction for receipts of DLA-owned materiel are more than $1,000, the contracting officer will advise the contractor of the discrepancy and have the materiel returned to the contractor for correction/resubmittal; or, if there are urgent requirements, have the Government remediate the discrepancy at the contractor’s expense. If the Government remediates the discrepancy, the contracting officer will make a determination concerning appropriate reimbursement by the contractor for the Government’s costs to correct the deficiencies. Upon determining that reimbursement is required, the contracting officer will send a notice to the contractor. 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

*APPLICABLE TO CLINs X002 and X003 ONLY*

MAY 2001

*APPLICABLE TO CLINs X001 and 0005 ONLY*

AUG 1996

*APPLICABLE TO CLIN X002 and X003 ONLY*

APR 1984

E-5 DLAD Procurement Note E05: Product Verification Testing (MAY 2020)

(1) Product verification testing (PVT) under this procurement note will only apply when the contracting officer specifically invokes it in writing. The contracting officer may invoke PVT at or after contract award. If the contracting officer invokes PVT at contract award, the contract will explicitly state this testing requirement. If the contracting officer invokes PVT after contract award, the contracting officer shall notify the contractor and the cognizant DCMA ACO. The Government will perform PVT testing at a Government-designated testing laboratory.

(2) The contractor shall not ship or deliver any material until it receives notification of the acceptable PVT results, unless the contracting officer directs it to do so in writing The Government will provide the PVT results to the contractor within 20 business days after receipt at the Government testing facility, unless the Government specifies otherwise in writing.

(3) The contractor shall provide and maintain an inspection system acceptable to the Government in accordance with FAR Clause 52.246-2 or 52.246-3; and maintain and make available all records evidencing those details if requested by the Government. When the Government finds evidence of risk associated with the contractor’s sampling process, the Government may witness and evaluate the contractors sampling process. The contractor shall randomly select samples from the production lot(s), unless the contracting officer specifies otherwise in writing. The contractor shall ship the selected PVT samples with a copy of the system of record receiving report (i.e., WAWF, DD Form 250, or commercial shipping document) and the contractor’s signed DD Form 1222. The contractor shall prepare the shipping container(s) by marking the external packages in bold letters, “Product Verification Test Samples – Do Not Post to Stock," Contract Number [contractor insert] and Lot/Item Number [contractor insert]” adjacent to the MIL-STD-129 (latest revision) identification markings. The contractor shall use a hard copy of the system of record receiving report as a packing list, in accordance with DFARS Appendix F. The contractor shall mark the exterior of the shipping container in accordance with MIL-STD-129 (latest revision), paragraph 5.11. The contractor shall send samples by traceable means (e.g., certified or registered mail, United Parcel Service, Federal Express). The contractor shall include the following in the interior package:

(a) Hard copies of the contract;

(b) Material certifications/process operation sheets; and

(c) Drawings used to manufacture the units and return shipping information.

(4) The Government will return samples that pass testing and are not destroyed during evaluation to the contractor at the Government's expense for the contractor to include as part of the total contract quantity to be delivered under the contract. The contractor and Government may agree to dispose of samples not destroyed when the cost of the item does not justify the shipping expense. If the Government does not return approved samples that pass testing to the contractor, the Government will consider those samples as part of the contract quantity for payment and delivery.

(5) If samples fail testing, the Government may reject the entire contract lot from which the contractor took the samples. The Government may, at its discretion, retain samples that fail testing without obligation to the contractor.

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 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 A004.

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

END OF SECTION E

SECTION F - DELIVERIES OR PERFORMANCE

Clause(s) Applicable to All CLINs

F-3 Period of Performance

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

The period of performance for the contract is identified in Section B and consists of a one-year base period, and four, one-year option periods.

(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 5.9. 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.

(End of Text F-4)

F-5 Letters of Concern

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

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

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

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

The Contracting Officer determines when an issue rises to the level of this type of correspondence. A Letter of Concern may be sent more than once for an issue if initial corrective actions are not completed timely or there are repeat issues.

Letters of Concern will be sent to the Contractor’s contracting point of contact and will include a response due date and time. Letters of Concern may include request for reimbursement for lack of compliance to contract and/or proposal requirements if the services cannot be reperformed to ensure compliance per E-1 through E-4. If a response is not received or the Contractor concurs with the assessment, the Government will proceed with a deduction per F-6. If the Contractor does not concur with the assessment, the Contractor will respond by the set date and time with rationale why the Letter of Concern is inaccurate or if other circumstances contributed to the concern(s). The Contracting Officer will review the response and make the final determination of whether a deduction will be assessed. Once the Contracting Officer has made the final determination regarding the Letter of Concern, the Contractor will be notified of the decision, the contract will be documented accordingly, and the issue will not be subject to further negotiation.

Letters of Concern regarding Acceptable Performance Levels will be automatically assessed as a deduction per F-6 if the Contractor responds with an untimely waiver request. Timeframes for waiver consideration are identified in F-4.

This clause does not limit the Government’s ability to pursue other types of remedies available to it for egregious non-compliances or overall failure to meet contract terms and conditions.

(End of Text F-5)

F-6 Deductions

If the Government determines that there are contractual compliance issues and a Letter of Concern is issued in accordance with F-5, the Government may identify a deduction in the Letter of Concern. In addition to the process via Letter of Concern, all Acceptable Performance Levels (APLs) are considered significant performance measurements and are valued at $1,000.00 per month, per APL. If an APL is not met and a waiver is not approved, the APL will be subject to this automatic deduction. These deductions are commensurate with the level of work associated with the contractual non-compliance and will be assessed for situations where work cannot be reperformed to be compliant with contractual requirements.

In accordance with FAR clause 52.246-4 Inspection of Services – Fixed Price, deductions as a failure to meet contractual requirements identified in the basic contract and its attachments will be deducted from the CLIN either through negotiations (reference F-6), issuance of a bi-lateral modification, or through a unilateral modification by the Contracting Officer.

In accordance with FAR clause 52.246-5 Inspection of Services – Cost Reimbursement, deductions as a failure to meet contractual requirements identified in the basic contract and its attachments will be deducted from fee only and will be accomplished either through negotiations (reference F-5), issuance of a bi-lateral modification, or through a unilateral modification by the Contracting Officer.

(End of F-6)

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

CLAUSE(S) INCORPORATED BY REFERENCE

Clause(s) Applicable to All CLINs

CLAUSE(S) INCORPORATED BY FULL TEXT

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

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six-position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

2-in-1 Invoice for the Firm-Fixed-Price (FFP) (CLINs X001 and 0005) Cost Voucher (Cost CLINs X002 and X003)

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

2-in-1 Invoice for the Firm-Fixed-Price (FFP) (CLINs X001 and 0005) Cost Voucher (Cost CLINs X002 and X003)

(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

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

Other DoDAAC(s)

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

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

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding…