SP3300-23-R-5005 Sections B - M_Conf thru Amdt 0001.pdf

SP3300-23-R-5005

Conformed thru Amendment 0001

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM

NO.

SUPPLIES/ SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

ORDERING PERIOD

1 August 2024 through 31 July 2029

Firm-Fixed-Price (Applicable to CLIN 0001)

0001 Labor (Unless specifically identified separately in another CLIN, this CLIN encompasses PWS Sections C-1 through C-6). (See Attachment J.4, CLIN 0001 & 0006 Labor Rate Table, for applicable labor categories and labor rates)

__________ EA $1.00 ________________

Cost-Reimbursement (Applicable to CLINs

0002, 0003, 0004 & 0005)

0002 Scheduled and Unscheduled Equipment

Maintenance Labor and Material (PWS Section C-4.4 and its sub-paragraphs)

Estimated Cost

$248,425.12

G&A Rate ____% ________________ Not-to-Exceed (NTE) 1 LOT ________________

0003 Non–Capital Equipment New or Replacement

Costs (PWS Section C-4.2 paragraphs C & D)

Estimated Cost $931,594.18

Not-to-Exceed (NTE) 1 LOT ________________

0004 Material Support Costs

(inclusive of CLINs 0001, 0006, and 0008)

Estimated Cost $5,900,096.50

Not-to-Exceed (NTE) 1 LOT ________________

0005 Travel for Training and Conferences

(PWS Sections C-3.3, C-4.6, and C-5.9)

Estimated Cost $136,633.81

Not-to-Exceed (NTE) 1 LOT ________________

Cost-Plus-Fixed-Fee (Applicable to CLIN 0006)

0006 Labor, Recurring Work and/or Special

Projects/Surge & Sustainment (PWS Section C-5.8) (See Attachment J.4, CLIN 0001 & 0006 Labor Rate Table, for applicable labor categories and labor rates)

Estimated Cost $3,321,675.10 Fixed Fee ____% ________________ Total Estimated Cost Plus Fixed Fee 1 LOT ________________

Conformed thru Amendment 0001

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM

NO.

SUPPLIES/ SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

Contract Data Requirements List (CDRL) in accordance with DD Form 1423. (Note:

Contractor shall not price these items separately)

1 LOT NSP NSP

A001 Transition Plan and Weekly Reports A002 SOH Plan and Reporting A003 Electrostatic Discharge Control Program

A004 Mission Essential Contract Services Plan

(MECSP)

A005 Internal Order Number Reporting A006 Quality Control Plan

A007 Customer Service Support Procedures-On- Call Response Roster

A008 Annual FY Inventory Improvement Action Plan

A009 Monthly Audit Assertions A010 Monthly Business Segment Report

A011 Cost Report for Scheduled and Unscheduled Equipment Maintenance Labor and Material

CLIN

A012 Cost Report for Non-Capital Equipment Replacement CLIN

A013 Cost Report for Material Support CLIN A014 Cost Report for Travel and Training CLIN

A015 Cost Report for Labor, Recurring Work and/or Special Projects and Surge and Sustainment CLIN

A016 Open and Unconfirmed Material Release Orders

A017 Government Cargo Recovery Effort 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 Warehouse Plan

A024 RESERVED

A025 Container Reclamation Report A026 Wood Packaging Material

A027 Contractor Employee Common Access Report

A028 RESERVED

A029 RESERVED

A030 Phase-out Plan

A031 RESERVED

A032 Hazardous Materials Standard Operating Procedures

A033 Pharmaceutical Cold Chain Management

(CCM)

A034 MPC and Local Delivery Refusal Log

A035 RESERVED

A036 MPC Cargo On-Hand Report

A037 RESERVED

Conformed thru Amendment 0001

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM

NO.

SUPPLIES/ SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

A038 Weekly Stock Status Report for Receipts and Issues (G Stores)

A039 RESERVED

A040 Monthly workload for Container

Fabrication Support

A041 J.32 Time Standards

Firm-Fixed-Price (Applicable to CLIN 0008)

0008 Services to Perform Transition per C.1.8 (Unless specifically identified separately in another CLIN, this CLIN encompasses PWS Sections C-1 through C-6)

3 Months __________ ________________

Total Estimated Contract Cost ________________

Conformed thru Amendment 0001

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

INSTRUCTIONS

This requirement is being solicited per FAR subpart 19.8, Contracting with the Small Business Administration (The 8(a) Program) to promote competition among interested 8(a) small business concerns. This requirement is for the purchase of contractor provided warehouse and distribution services to include all management, personnel, supervision, materials, tools, equipment, transportation, and any other items and/or services as outlined in the Performance Work Statement. Any contract resulting from this solicitation will be awarded as an Indefinite Delivery Indefinite Quantity contract covering a five-year ordering period. This shall be a hybrid contract with Firm-Fixed-Price, Cost-Reimbursement No Fee, and Cost-Plus-Fixed-Fee line items. The place of performance is Jacksonville, Florida, USA.

The form of the CPFF is “completion” as defined in FAR 16.306(d)(1).

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.

IDIQ TASK ORDERS:

The solicitation includes estimated projected workload and associated hours. The Government intends to issue a unilateral task order for each performance period as follows:

Transition 3 months transition – FFP (CLIN 0008) Price based on staffing level/hours proposed in response to this solicitation. Hourly rates as proposed in Attachment J.4 Labor Rate Table.

Performance Period 1a 6 months Full Performance – CPFF (CLIN 0006) and CR (CLINs 0002-0005)

3 months to develop time standards and submit J.32 Staffing Matrix 3 months to validate and negotiate the time standards and implement into the base contract

Cost based on staffing level/hours proposed in response to this solicitation. Hourly rates as proposed in Attachment J.4 Labor Rate Table

Performance Period 1b 3 months Full Performance – FFP (CLIN 0001) and CR (CLINs 0002-0005) Price based on the Government estimated workload and the time standards in Attachment J.32 Staffing Matrix.

Hourly rates as proposed in Attachment J.4 Labor Rate Table

Performance Period 2 12 months Full Performance – FFP (CLIN 0001) and CR (CLINs 0002-0005) Price based on the Government estimated workload and the time standards in Attachment J.32 Staffing Matrix.

Hourly rates as proposed in Attachment J.4 Labor Rate Table

Performance Period 3 12 months Full Performance – FFP (CLIN 0001) and CR (CLINs 0002-0005) Price based on the Government estimated workload and the time standards in Attachment J.32 Staffing Matrix.

Hourly rates as proposed in Attachment J.4 Labor Rate Table

Performance Period 4 12 months Full Performance – FFP (CLIN 0001) and CR (CLINs 0002-0005) Price based on the Government estimated workload and the time standards in Attachment J.32 Staffing Matrix.

Hourly rates as proposed in Attachment J.4 Labor Rate Table

Performance Period 5 12 months Full Performance – FFP (CLIN 0001) and CR (CLINs 0002-0005)

Conformed thru Amendment 0001 Price based on the Government estimated workload and the time standards in Attachment J.32 Staffing Matrix.

Hourly rates as proposed in Attachment J.4 Labor Rate Table

The Government anticipates issuing the task orders unilaterally and the contractor must perform in accordance with the order with any concerns addressed as a Request for Equitable Adjustment.

WORKLOAD FLUCTUATION:

While historical and projected workload is provided, the projected workload is based upon current information and is subject to change based upon surges in need, customer demand shifts, changes in support approaches, changes in regulation, and worldwide events. The Government monitors fluctuations based upon overall workload contained in the projected workload and utilizes more than 10% fluctuation in the overall receipts and issues for more than six (6) months as the benchmark for recalculating current and projected workload. In general, workload fluctuations within the 10% margin will not constitute a basis for a request for equitable adjustment (either upward or downward). Offerors should consider fluctuations within the range of 10% to be part of normal business operations and should price this risk into their price/cost proposals.

Offerors shall invoice CLINs 0001 and 0008 in accordance with Section G-4.

All labor shall be paid on firm-fixed-price per month basis. Offerors shall propose a Quantity * $1.00 (Unit Price) to arrive at a Total Amount.

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 $1,000,000.00 for the entire contract. The estimated ceiling of the services is $60,000,000.00.

WORKLOAD MANAGEMENT SYSTEM (WMS) IMPLEMENTATION:

WMS implementation has occurred at DDJF. WMS will be utilized for this contract.

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.

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) 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.

(c) 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

Conformed thru Amendment 0001 offeror must certify to that effect. The Plan or Certification shall be provided under Tab 6 of Volume I of the offeror’s proposal.

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

(e) 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.

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

PERSONAL CONFLICT OF INTEREST:

The contractor shall not hire anyone who has or creates a personal conflict of interest for a government employee. In the event the contractor hires an employee which creates a conflict for a government employee, the contractor shall take immediate action to remedy the conflict.

GOVERNMENT FURNISHED PROPERTY:

The Government anticipates that some property may be issued during the course of performance which will be issued as Government Furnished Property. The Government property specific information is unknown at this time so a Government Furnished Property listing is not provided. Offerors shall ensure that any necessary Government issued cell phones and/or computers are included in their proposal along with the quantity, rationale, and which positions require them. Once this is obtained and after issuance of the items, the contract will be updated to include the property information.

FIRM-FIXED-PRICE (FFP) PRICING ARRANGEMENT – CLINs 0001 and 0008: labor shall be paid on firm-fixed-price per Unit/EA Basis.

COST-REIMBURSEMENT (NO FEE) PRICING ARRANGEMENT - CLINs 0002, 0003, 0004 & 0005:

Offerors shall enter the Government provided Estimated Cost located in Section L. Offerors shall insert and apply their applicable indirect rate, supported by their accounting system, to this estimated cost to arrive at the Not-To- Exceed (NTE) amount. Offerors shall enter the applicable indirect rate, calculated dollar amount of the rate, and the NTE in Section B. No fee shall be applied. The Contractor shall be reimbursed for actual cost and indirect rate as proposed only.

COST–PLUS-FIXED-FEE (CPFF) PRICING ARANGEMENT - CLINs 0006: Labor Costs for Recurring Work and/or Special Projects/Surge & Sustainment 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 CLINs estimated cost, excluding fee. Offerors shall enter the Government provided estimated cost located in Section L.

Offerors shall insert and apply their applicable indirect rate, supported by their accounting system, and Fixed-Fee to this estimated cost to arrive at the Total Cost.

REPORTING REQUIREMENTS - CLINs 0007 (NSP): Reporting requirements. Not Separately Priced.

While these CLINS are not separately priced, it is anticipated and it is acceptable the Contractor will be reimbursed for the execution of this CLIN. Costs associated with this effort shall be captured under CLIN 0001.

CLINs 0002, 0003, 0004, AND 0005 INVOICING AND EXCESS FUNDS:

Offerors shall invoice CLINs 0002, 0003, 0004, and 0005 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.

Conformed thru Amendment 0001 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.

LIMITATIONS ON INDIRECT COST RATES – CLINs 0002, 0003, 0004, and 0005:

(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 cost type CLINs. Rates subject to the limitation include overhead, material handling, and/or General and Administration, depending on the offeror (and its subcontractor) rate structure(s). The limitations apply to all indirect rates proposed by the offeror and its subcontractor(s) except fringe.***

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.

ACCESS TO RESTRICTED SOLICITATION ATTACHMENTS:

Access to restricted solicitation documents is available through the Safe Access File Exchange (SAFE).

Restricted access documents that pertain to this solicitation are as follows:

Technical Library (including Standard Operating Procedures)

Conformed thru Amendment 0001 To request the attachments please provide the following information to Brian Rose by e-mail at brian.rose@dla.mil.

Legal Name Email Address Company Name Cage Code

Access to these Attachments will only be considered for vendors who are contemplating submitting a proposal in response to this solicitation. Offerors must be registered in the System for Award Management (SAM) Registration database. Registration may be done online at https://www.sam.gov. To limit control of the RFP Attachments, documents must be handled as “Controlled Unclassified Information (CUI).” All offerors, other than the awardee, are required to destroy the Attachment once contract award is announced.

If it is determined you are eligible to receive the Attachments, you will receive a separate email with a link and a password to access the Request for Proposal Attachments. This link to the Attachments will expire in two (2) days if not accessed.

Further instructions on the use of DoD SAFE are available at https://safe.apps.mil/about.php

END OF SECTION B

SECTION C – DESCRIPTION/SPECS/WORK STATEMENT

See Section J – List of Attachments

Attachment J.1: Section C – Performance Work Statement

Attachment J.2: DDJF Site Specific Requirements

CLAUSE(S) INCORPORATED BY FULL TEXT

Text Applicable to All CLINs

C-02 DLAD Procurement Note - 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.

(End of Text C-02)

C-03 DLAD Procurement Note - Contractor Retention of Supply Chain Traceability Documentation (JUN 2020)

(1) By submitting a quotation or offer, the contractor is confirming it currently has, or will obtain before delivery, and shall retain supply chain traceability documentation, as described in paragraph (2) of this procurement note, demonstrating the item conforms to the technical requirements, and, for part numbered items, is from an approved manufacturer.

(2) Supply Chain Traceability Documentation

(i) Supply chain traceability documentation shall include: basic item description; part number; drawing or specification; 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 Government acceptance.

(ii) Supply chain traceability documentation shall also include, when available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.

For part numbered items, 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- AvoidanceProgram/).

(iii) In addition, the contractor will obtain, retain, and provide to the contracting officer written documentation of all inspections and tests necessary to substantiate that the supplies furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts. Such records shall include, without limitation, test reports, test data, material certification, and manufacturing process sheets, in addition to any other information identified in the technical specifications applicable to the item.

(3) The contractor shall make supply chain traceability documentation available to the contracting officer within three business days upon the contracting officer’s request. The contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply chain traceability documentation for ten 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.

(End of Text C-03)

C-05 DLAD Procurement Note – 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

Conformed thru Amendment 0001 approval of any changes shall be in writing with a detailed explanation of the circumstances necessitating the change. The request must contain a complete resume for the new key personnel and any other pertinent information, such as degrees, certifications, and work history. New key personnel must have qualifications that are equal to or higher than those being replaced. The contracting officer will evaluate the request and notify the contractor whether the requested change is acceptable to the Government.

(End of Text C-05)

C-14 DLA Procurement Note - 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 Text C-14)

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 Firm-Fixed Price CLIN 0001 and 0008:

FAR CLAUSE TITLE DATE

E-1 52.246-4 Inspection of Services – Fixed-Price AUG 1996 E-2 52.246-16 Responsibility for Supplies APR 1984

Clause(s) Applicable to Cost-Reimbursement CLIN 0002-0006:

E-3 52.246-3 Inspection of Supplies – Cost-Reimbursement MAY 2001 E-4 52.246-5 Inspection of Services – Cost-Reimbursement APR 1984

E-5 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 paragraph e below, 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 where a Corrective Action Plan (CAP) is required.

The Contractor shall monitor open corrective action plans (CAPs) and provide the Government with regular updates regarding status and actions being taken. The Contractor shall be prepared to discuss all reported nonconformances, whether Quality Control (QC) or Quality Assurance (QA) -related, as well as actions being taken to close all CAPs.

The Contractor shall participate in regular Joint Quality Meeting discussions as requested by the Contracting Officer’s Representative (COR). 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) In the event of a nonconformance, where a CAP is required, the Contractor shall provide a Corrective Action Plan that includes preventive actions and timelines to mitigate future non-compliance, when requested by the COR in the QMT. The Contractor shall respond to requests for CAPs by providing an acknowledgement of the problem, a corrective/preventive action plan, and responsibilities within the Contractor’s organization assigned to monitor and correct the nonconformance to prevent recurrence. The timeframes for CAP response and submission are based on Significance Level assigned by the COR and are as follows:

Critical and Major Significance Level – 5 calendar days Minor Significance Level – 10 calendar days

Calendar days are counted from the date the COR accepts the nonconforming task and requests a CAP from the Contractor through the QMT. All CAPs are to be documented, monitored, tracked, and closed using the QMT.

By default, the Contractor is provided with 45 calendar days in which to correct the nonconformance. If the

Conformed thru Amendment 0001 nonconformance can be corrected earlier than 45 calendar days, the SP shall provide the COR with evidence of correction and request the CAP be closed. If more time is necessary, the COR will request a reasonable extension and concurrence from the KO, Contract Specialist, and J3 Distribution Center Representative prior to authorizing an extension. If an extension is approved/authorized, the COR will update the revised completion date within the CAP.

The Contractor shall update their Quality Control Plan (QCP) IAW CDRL A006 Quality Control Plan (QCP) and Quality Control Inspection Checklists 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.

(e) Significance Level Definitions for Nonconforming Performance –

Critical Nonconformance – Any identified nonconformance involving HAZMAT, NWRM, Shelf-Life, ESDS, RAM, Security, Classified, FMS/SAP, High Dollar Value (HDV) inventory failures, Damage to Material/Stock that requires submission of a FLIPL, Any Incident requiring the submission of a Special SitRep, a safety incident serious enough that could have resulted in a Special SitRep submission

Major Nonconformance – Any identified nonconformance or failure to comply with an SOP, cited reference, or specific PWS requirement not listed as Critical

Minor Nonconformance - A failure to comply with an administrative or clerical requirement that does not directly impact operational performance (i.e., late CDRL submission, etc.)

(End of Text E-5)

END OF SECTION E

SECTION F - DELIVERIES OR PERFORMANCE

Clause(s) Applicable to All CLINS

F-1 52.242-15 Stop-Work Order AUG 1989 F-2 Alternate 1 APR 1984 F-3 52.247-34 F.O.B. Destination NOV 1991

F-4 Ordering Period

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

Ordering Period – The contract will consist of a five-year ordering period.

(End of Text F-4)

F-5 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 5th 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 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 5th working day of the following month. The information and request will be considered with disposition provided to the Contractor by the 15th working day of the following month. Late Contractor requests will not be considered.

Unmet Acceptable Performance Levels which are not waived due to circumstances outside of the Contractor’s control are subject to deductions as outlined in F-6 Tiered Acceptable Performance Levels and F-7 Deductions.

(End of Text F-5)

F-6 Tiered Acceptable Performance Levels

Acceptable Performance Levels are contained in Technical Exhibit 5.0. Each Acceptable Performance Level is identified with a priority level. Priority 1 (PR1) is a vital mission requirement, Priority 2 (PR2) is a significant mission requirement, and Priority 3 (PR3) is an agency requirement.

(End of Text F-6)

F-7 Deductions

Conformed thru Amendment 0001 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 monthly invoice from the applicable Firm Fixed Price CLIN at the amount established below.

Deductions will be sent to the Contractor’s contracting point of contact and will include a response due date and time for any information the Contractor believes should be considered. If a response is not received by the due date and time or the Contractor concurs with the assessment, the Government will finalize the deduction and email a copy of the unilateral modification reducing the contract price. If the Contractor does not concur with the assessment, the Contractor will respond by the set date and time with rationale why the deduction should not be assessed. The Contracting Officer will review the response and make the final determination of whether the deduction is assessed. Once the Contracting Officer has made the final determination regarding the deduction, the Contractor will be notified of the decision.

Deductions due to missed Acceptable Performance Levels will be automatically be assessed if the Contractor responds with an untimely waiver request. Timeframes for waiver consideration are identified in F-5.

If the final determination of the Contracting Officer is that the deduction be assessed, the Contracting Office will issue a unilateral task order modification to reduce the labor CLIN value commensurate with the number of performance metrics not met and their correspondence value as identified below. These deductions are necessary as services cannot be reperformed.

The Acceptable Performance Levels are identified in Technical Exhibit 5.0 and each APL will be subject to the applicable monthly deduction. Each unmet PR1 Acceptable Performance Level is subject to $750 per missed PR1 standard per month. Each unmet PR2 Acceptable Performance Level is subject to $500 per missed PR2 standard per month. Each unmet PR3 Acceptable Performance Level is subject to $250 per missed PR3 standard per month. The deduction determination and finalization is made by the Contracting Officer based upon input from the Contractor and COR as part of F-5. These deductions shall be identified on each invoice.

Additionally, requests for consideration may apply for any positions not filled by the Contractor (see Section H-4) or other terms, conditions, and/or metrics not performed in accordance with contract requirements and/or contractor proposal.

(End of Text F-7)

F-8 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 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

Conformed thru Amendment 0001 -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. If the Letter of Concern will address multiple non-compliances, the letter will identify how many of the items are subject to this clause. 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 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-7. 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 automatically be assessed as a deduction per F-6 and F-7 if the Contractor responds with an untimely waiver request. Timeframes for waiver consideration are identified in F-5.

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-8)

F-9 Consideration

If the Government determines that there are contractual compliance issues and a Letter of Concern is issued in accordance with F-8, the Government may identify a deduction in the Letter of Concern. The consideration amount shall be 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, the Contracting Officer is required to seek consideration for the failure to meet contractual requirements identified in the basic contract and its attachments will be deducted from the CLIN either through negotiations, 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, the Contracting Officer is required to seek consideration for the 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, issuance of a bi-lateral modification, or through a unilateral modification by the Contracting Officer.

(End of Text F-9)

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 guaranteed minimum amount will be certified as available and obligated at contract award. It is anticipated the guaranteed minimum amount will be paid to the contractor under the first task order.

Clause(s) Applicable to Cost-Reimbursement CLIN 0002-0006:

DFARS

CLAUSE

TITLE

DATE

G-1 252.204-7006 Billing Instructions-Cost Vouchers MAY 2023

G-2 DFARS 252.232-7006 -- Wide Area WorkFlow Payment Instructions (JAN 2023)

(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:

Conformed thru Amendment 0001

(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 (CLINs 0001 and 0008) Cost Voucher (Cost CLINs 0002, 0003, 0004, 0005, and 0006)

(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 (CLINs 0001 and 0008) Cost Voucher (Cost CLINs 0002, 0003, 0004, 0005, and 0006)

(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 financing, submit a commercial 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*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP3300 Admin DoDAAC SP3300 Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC) SB3520 Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC DoDAAC of cognizant DCAA Office for Successful Offeror To be completed at time of award

Other DoDAAC(s)

Conformed thru Amendment 0001

(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.

brian.rose@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 (JAN 2023). The points of contact for Invoicing are listed below.

WAWF POINT OF CONTACT TABLE FOR INVOICING

DLA Distribution Jacksonville, Florida

DODAAC: SB3520

COR: Susan Fonteno DLA Distribution Jacksonville, Florida Com: (904) 542-1281 Email: susan.fonteno@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.

The contractor shall provide a copy of the invoice with CDRL A010 through A015 monthly submissions and obtain written approval of the CDRL and invoice prior to uploading the invoice and/or voucher into WAWF.

Once written approval is obtained, no changes, additions, or corrections shall be made to the invoice and/or voucher without resubmission of the CDRL and invoice and obtaining approval. The COR approval of the CDRL and invoice shall be uploaded as an attachment to the invoice and/or voucher 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 (JAN 2023). In accordance with DFARS 252.232-7006 and FAR 52.216-7

Conformed thru Amendment 0001 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) Firm-Fixed Price (FFP) CLINs 0001 and 0008 shall be paid at the Total Amount divided by the number of Months on a monthly basis and shall be documented using the report format in Section C-6.6, Mandatory Reports, CDRL A010 Business Segments.

(c) Reimbursement requests for Cost Reimbursement CLINs 0002, 0003, 0004, and 0005 shall be documented using the report format in Section C-6.6, Mandatory Reports, CDRLs A011 – A014, CLINs 0002, 0003, 0004, and 0005 Monthly Cost Report. 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.

(d) Reimbursement requests for Cost-Plus-Fixed-Fee (CPFF) CLIN 0006 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 A015, Monthly Cost Report for Labor, Recurring Work and/or Special Projects – Surge/Sustainment CLINs.