W519TC23R0018.pdf
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SOLICITATION, OFFER AND AWARD 1. This Contract Is A Rated Order Under
DPAS (15 CFR 700)
Rating Page of Pages
2. Contract Number 3. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Requisition/Purchase Number Sealed Bid (IFB)
Negotiated (RFP)
7. Issued By Code 8. Address Offer To (If Other Than Item 7)
NOTE: In sealed bid solicitations ‘offer’ and ‘offeror’ mean ‘bid’ and ‘bidder’.
SOLICITATION
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in until (hour) local time (Date).
Caution - Late Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. For Information A. Name B. Telephone (No Collect Calls) C. E-mail Address
Call: Area Code Number Ext.
11. Table Of Contents
(X) Sec. Description Page(s) (X) Sec. Description Page(s)
Part I - The Schedule Part II - Contract Clauses A Solicitation/Contract Form I Contract Clauses
B Supplies or Services and Prices/Costs Part III - List Of Documents, Exhibits, And Other Attach.
C Description/Specs./Work Statement J List of Attachments D Packaging and Marking Part IV - Representations And Instructions E Inspection and Acceptance K Representations, Certifications, and F Deliveries or Performance Other Statements of Offerors G Contract Administration Data L Instrs., Conds., and Notices to Offerors H Special Contract Requirements M Evaluation Factors for Award
OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. Discount For Prompt Payment 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) Calendar Days (%) (See Section I, Clause No. 52.232-8)
14. Acknowledgment of Amendments (The offeror acknowledges Amendment No. Date Amendment No. Date receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
15A. Name and Code Facility 16. Name and Title of Person Authorized to Sign Offer Address of (Type or Print) Offeror
15B. Telephone Number 15C. Check if Remittance Address is 17. Signature 18. Offer Date Area Code Number Ext. Different From Above – Enter such
Address In Schedule
AWARD (To be completed by Government)
19. Accepted As To Items Numbered 20. Amount 21. Accounting And Appropriation
22. Authority For Using Other Than Full And Open Competition: 23. Submit Invoices To Address Shown In Item
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
24. Administered By (If other than Item 7) Code 25. Payment Will Be Made By Code
26. Name of Contracting Officer (Type or Print) 27. United States Of America 28. Award Date
(Signature of Contracting Officer)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 33 (Rev. 9-97) Previous edition is unusable Prescribed By GSA-FAR (48 CFR) 53.214(c)
W519TC-23-R-0018
X
2023JUN01
2023JUL0112:00pm
DOA6
2023JUN01 SEE SCHEDULE
W519TC
ARMY CONTRACTING COMMAND - RI
ROCK ISLAND, IL 61299-8000
MICHAEL D. THUNE
(309)782-1458
CCRI-VG
MICHAEL.D.THUNE2.CIV@ARMY.MIL
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X 1
X 5 X 6
X 10 X 11
X 16
X 19
X 20
X 34
X 36
X 42
X 62
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SECTION A - SUPPLEMENTAL INFORMATION
Buyer Name: MICHAEL D. THUNE
Buyer Office Symbol/Telephone Number: CCRI-VG/(309)782-1458
Type of Contract 1: Cost Plus Fixed Fee
Type of Contract 2: Firm Fixed Price
Kind of Contract: Service Contracts
*** End of Narrative A0000 ***
THIS RFP WILL BE COMPETED AMONGST ONLY THOSE OFFERORS THAT HOLD AN ENHANCED ARMY GLOBAL LOGISTICS ENTERPRISE (EAGLE) BASIC ORDERING
AGREEMENT (BOA) BY THE CLOSING DATE OF THIS RFP. THIS ACQUISITION IS A SMALL BUSINESS SET-ASIDE AND ONLY BOA HOLDERS WHO CAN CERTIFY
PARTICIPATION IN THE SMALL BUSINESS ADMINISTRATION (SBA) UNDER NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE 561210 BY THE
CLOSING DATE OF THIS RFP WILL BE CONSIDERED FOR AWARD.
A.1 The U.S. Army Schofield Barracks, HI (SBHI) has a requirement for logistics support services, including maintenance, supply, and transportation support.
A.2 This is an offical RFP and supporting documentation for the SBHI requirement.
A.3 This RFP is a small business set-aside and will be competed among those Offerors that hold an EAGLE Program BOA who can certify small business status under NAICS Code 561210 by the closing date of this RFP. The Government will only evaluate proposals from Offerors that are certified by the SBA as a small bussiness at the time of RFP closing. At the conclusion of evaluations, the Government will advise the SBA Servicing District Office of the apparent successful Offeror. The SBA Servicing District Office will confirm the eligibility of the apparent successful Offeror to receive the contract award.
This RFP will result in a Cost Plus Fixed Fee (Firm Fixed Price Transition In and PMO) task order with 1, 12 month base period, to include a 60 day transition in period, 4, 1-year options, and 1, 6-month option period in accordance with (IAW) Federal Aquisition
Regulation (FAR) 52.217-8 for a total of 5 years and 6 months if all options are exercised. The evaluated option periods, which will be awarded at the Government's sole discretion, will be based on need and performance of contractors.
A.4 The period of performance for each Contract Line Item Number (CLIN) from Notice to Proceed (NTP) through 1827 Days after NTP is identified below:
CLIN SERVICE PERIOD OF PERFORMANCE:
Base Year (including 60 days Transition-In): CLINs 0001 - 0010, NTP - 366 days after NTP
Option Year 1: CLINs 1001 - 1010, 367 days after NTP - 731 days after NTP
Option Year 2: CLINs 2001 - 2010, 732 days after NTP - 1096 days after NTP
Option Year 3: CLINs 3001 - 3010, 1097 days after NTP - 1461 days after NTP
Option Year 4: CLINs 4001 - 4010, 1462 days after NTP - 1827 days after NTP
Option Period IAW FAR 52.217-8: CLINs 5001 - 5010, 1828 days after NTP - 2008 days after NTP.
Transition and Fully Operational Capability (FOC) efforts are part of a single requirement and period of performance. All Transition efforts are still required to be completed within the first 60 days of performance; however, transition to FOC is part of a seamless process. The Contracting Officer may authorize proceeding into FOC as various elements of transition are complete prior to the end of the 60th day Transition period.
A.5 This Best Value source selection process will include an evaluation of the following three factors: (1) Technical, (2) Past
Performance, and (3) Cost/Price. A Task Order award under this EAGLE competition will be made to the Offeror determined to be responsible IAW FAR subpart 9.1 whose proposal conforms to the RFP requirements and is determined to be the lowest evaluated (fair and reasonable) priced proposal that is determined technically Acceptable with Substantial Confidence in Past Performance.
A.6 The Offeror's proposal shall be valid for 180 days from the closing date of the RFP.
A.7 The incumbent contractor is Tech Systems, Inc. under contract W52P1J-12-G-0047, Task Order 0005.
A.8 NOT APPLICABLE.
A.9 Government Furnished Facilities and Equipment are identified in the Exhibits/Attachments in Section J of this RFP and identified in the Performance Work Statement (PWS).
A.10 Please note that this RFP contains a Section B, "Supplies or Services and Prices/Costs"; however, Offerors are required to complete
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PIIN/SIIN MOD/AMD
and submit the Cost/Price Matrix identified as Attachment 0005.
A.11 The Government intends to conduct a Post Award Conference with the awardee following Task Order award.
A.12 This RFP should not be discussed with any Government employee except the Procuring Contracting Officer (PCO), Charles (Chase) P.
Holliday, or Contract Specialist, Michael D. Thune, may be contacted at charles.p.holliday.civ@army.mil and michael.d.thune2.civ@army.mil respectfully.
A.13 This RFP and any amendments to this RFP shall be issued electronically. Because of this, the Government is under no obligation to maintain an Offerors mailing list. Any EAGLE BOA holders interested in this requirement must periodically access Contract Opportunities located at https://.SAM.gov . Failure to provide proposals in accordance with the instructions/format specified in this RFP shall render the Offerors proposal non-compliant. The proposal will not be evaluated and will not be further considered for award.
A.14 The Government is not obligated to provide responses to any questions submitted by Offerors, but will consider them and incorporate changes into the RFP as deemed necessary.
A.15 The closing date and time for this RFP is identified on page 1 of this RFP, the Local Time is Central Time. All proposal documents are due at the time set forth in this RFP.
A.16 Proposals shall be submitted electronically to michael.d.thune2.civ@army.mil and charles.p.holliday.civ@army.mil. Due to file size restrictions, Proposals may be submitted through Department of Defense (DOD) Secure Access File Exchange (SAFE), http://safe.apps.mil/ .
Note that only 25 files can be submitted with one upload. Multiple drop-off codes may be requested from the Contract Specialist or
Contracting Officer, if necessary. Non-CAC users will have to request a drop-off request from the Contract Specialist or Contracting
Officer. Please visit the website for more details and instructions for its use. Cloud Services and third party drop boxes are not acceptable for proposal submission.
Emailed proposals shall state the following in the subject line: Proposal for solicitation number (W519TC-23-R-0018) - Add company name.
It is highly recommended that the Offeror request a Return Receipt or other form of acknowledgement to verify that the proposal submission was received prior to the closing of the RFP.
A.17 The DD254 Security Form is provided as Attachment 0012. In accordance with L.5.1.8 SECRET Facility Clearance, the Offeror/
Subcontractor(s) identified on Attachment 0005, Tab 2 shall have a SECRET Facility Clearance prior to this RFP closing date. In addition, the Offeror /Subcontractor(s) must have a Facilities Clearance in order for personnel within the company to obtain a SECRET
Clearance.
A.18 The Government will compare the Offeror's proposal to Section L in order to perform a compliance review. Failure to provide proposals in accordance with the instructions/format specified in this RFP shall render the Offerors proposal non-compliant. The proposal will not be evaluated and will not be further considered for award. The Government reserves the right to waive the Strict
Compliance Review if it is in the Government's best interest.
A.19 NOT APPLICABLE.
A.20 The Army Sustainment Command (ASC) may employ the services of a support contractor to assist in the management and oversight of ASC contracts. The contracted support provided by a support contractor is technical in nature, and in no way supplants the Governments exclusive responsibility for the decision making regarding contract management and oversight. The contract with ASCs support contractor prohibits the unauthorized use or disclosure of any of the information and data associated with ASC contracts in support of management and oversight responsibilities.
In the event ASC determines it will use a support contractor for management and oversight assistance, awardees shall work with the
Contracting Officer and support contractor to establish appropriate agreements and proper protections (see FAR 9.505-4(b)) allowing permission for the support contractor to have necessary access to information and data to assist ASC in its management and oversight for any associated contracts.
A.21 Organizational conflict of interest (OCI) means a situation in which-
(1) A Government contract requires a contractor to exercise judgment to assist the Government in a matter (such as in drafting specifications or assessing another contractor's proposal or performance) and the contractor or its affiliates have financial or other interests at stake in the matter, so that a reasonable person might have concern that when performing work under the contract, the contractor may be improperly influenced by its own interests rather than the best interests of the Government; or
(2) A contractor could have an unfair competitive advantage in an acquisition as a result of having performed work on a Government contract, under circumstances such as those described in paragraph (1) of this definition that put the contractor in a position to influence the acquisition.
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PIIN/SIIN MOD/AMD
(3) If the Contractor identifies an OCI, the Contractor shall make a prompt and full disclosure in writing to the PCO. OCI that arise during performance of the contract, as well as newly discovered conflicts that existed before contract award, shall be disclosed.
A.22 Notice of OCI: ASCs support contractor, and any affiliates, subsidiaries, or subcontractors and any affiliates, subsidiaries, or subcontractors have OCIs, and are precluded from offering a proposal as either a prime or a subcontractor, or from participating as a member of any team competing for this contract and/or any other resultant contracts stemming from this RFP. The Government reserves the right to reject any offer it considers to represent an OCI. Offerors are directed to FAR 9.5 for further information on OCIs for detailed OCI contract restrictions/requirements.
A.23 This is a Requirements Contract IAW FAR 52.216-21 for the services specified in the PWS and workload data, and effective for the period of performance identified in Paragraph A.4.
A.24 The Estimated Total Contract Value (ETCV) is TBD (at award). The ETCV amount is NOT a ceiling price, but rather an ESTIMATE of the total 5 and a half years of performance under this contract.
A.25 NOT APPLICABLE.
A.26 If an Amendment is deemed necessary for this RFP, the Amendment notice will be posted to Contract Opportunities as stated in
Section A, Paragraph A.13. Please be advised that when an Amendment is posted to Contract Opportunities it will be listed on the bottom of the RFP notice.
A.27 All clauses and provisions identified within the EAGLE BOA is incorporated by reference to this RFP.
*** END OF NARRATIVE A0001 ***
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PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
9999 SERVICE LINE ITEM _________________
SECTION B
B. 1 OFFERORS SHALL SUBMIT PRICES USING ATTACHMENT
0005-
COST/PRICE MATRIX
BILLING INSTRUCTIONS FOR CLIN 0001-0010:
The Contractor is authorized to bill IAW FAR
52.216-7(a)(1).
(End of narrative B001)
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1 EAGLE BUSINESS RULES - STEP THREE TASK ORDER REQUEST
a. An Offeror must be a qualified BOA holder by the closing date of the RFP. The Government is under no obligation to place an order against an EAGLE BOA.
b. A Task Order becomes a binding contract at the time of the Government's acceptance of a Task Order proposal and award of a Task Order per FAR 16.703(c)(1)(iv).
c. This Task Order is being competed among EAGLE BOA holders who hold a BOA at the time of the closing date of the RFP. No extensions to the RFP will occur for purposes of allowing interested Offerors additional time to become an EAGLE BOA holder. The Government will confirm that an Offeror is a qualified BOA holder by checking the effective date of an Offerors BOA. Due to the complexity and the wide range of capabilities required by this Task Order, Joint Ventures (JVs) may be utilized; however, a JV offeror must be an approved BOA holder from Step Two in order to propose as a Prime on this Task Order solicitation, and the JV must comply with the applicable requirements of Title 13 of the Code of Federal Regulations (CFR) (see Parts 121.103(h), 124.513, 125.15, 126.616, and 127.506).
d. In Step Two (i.e. BOA process), BOA holders were required to demonstrate the capability to perform all three functional areas; that technical capability may have been achieved with or without subcontractors. For this Task Order (Step Three), Offerors are not required to propose those same subcontractors that were used to establish technical capability in Step Two; however, the Offeror must propose itself and any subcontractors that are necessary for it to be able to meet the evaluation criteria and successfully perform the requirements of this Task Order.
e. The contractor shall adhere to the prices proposed and agreed to in this resultant task order issued against its BOA. The contractor is not authorized to begin work on an order issued against the BOA until prices have been established. In the event that the Contracting
Officer requires work to begin prior to establishment of pricing, failure to reach agreement on price may be disputed under the Disputes clause.
f. The following sections submitted by the Offeror with its BOA proposal will be carried forward and incorporated by reference into this
Step Three EAGLE Task Order contract:
BOA RFP L.5.1.5 Property Management Plan
BOA RFP L.5.2.1(c) Resource / Task Order Management
BOA RFP L.5.2.1(d) Flexible Staffing Approach
BOA RFP L.5.2.1(e) Transition-in Approach
BOA RFP L.5.2.3(b)(3) Identification of an onsite independent quality control
g. Failure to comply with any term of the Task Order, to include meeting small business subcontracting goals, may result in negative past performance that could negatively impact the BOA holder's ability to be successful in future Task Order competitions.
h. The Contractor may be required to enter into an Associate Contractor Agreement (ACA) with another contractor as part of this task order performance.
i. Responsibility determinations will be made at Step Three. An otherwise successful Offeror may not be eligible for award if it cannot be determined responsible for any of the reasons in FAR 9.104, including capacity.
j. RESERVED
k. Size Standards. SBA's size eligibility standards are found in Title 13 of the Code of Federal Regulations (CFR) Part 121 (13 CFR Part
121). In order to ensure that an Offeror qualifies as an eligible small business, prospective Offerors are encouraged to review this regulation (which was substantially revised in 2016) in its entirety. 13 CFR 121.103 in particular may assist a prospective offeror in assessing whether affiliation could apply; a finding by the SBA of affiliation between entities may result in a determination that the
Offeror is other than a small business and therefore ineligible for the Small Business Set Aside Task Order award. An offeror with questions regarding size eligibility standards should contact its legal counsel and/or SBA Office of Government Contracting personnel;
8(a) Program participants may consult the cognizant SBA Business Opportunity Specialist.
The SBA is the sole authority for making determinations of small business status for small business programs; such determinations are binding on the Offeror and on the Contracting Officer. Generally, SBA determines the size status of a concern (including affiliates) as of the date the concern submits a written self-certification that it is small to the procuring agency as part of its initial offer including price. This determination is done at this Task Order level (Step Three) and will apply for the term of the Task Order not to exceed (NTE) 5 years. For task orders that exceed 5 years, FAR 52.219-28, Post-Award Small Business Program Representation, applies.
Entities proposing as a JV are encouraged to specifically review 13 CFR 121.103, How Does SBA Determine Affiliation? subparagraph (h)
(Affiliation based on joint ventures) prior to submitting a proposal. 13 CFR 121.103 provides several examples that may assist a prospective offeror in assessing whether affiliation could be applied to its JV. Note: In accordance with 13 CFR 121.103, a JV of 2 or
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
more business concerns may submit an offer as a small business without regard to affiliation so long as each concern is small under the size standard for NAICS 561210. In order for this affiliation exception to apply, however, the following conditions must be met: there must be a written JV agreement, the JV must do business under its own name and be identified in the System for Award Management (SAM), and the JV must not have been awarded more than three contracts within a two-year period from the date of award of the first contract
(i.e. as of the date that it submits an initial offer that leads to the award of a contract, the JV must not have been awarded any more than two contracts in the previous two years).
Offerors proposing subcontracting arrangements at this Task Order level (Step Three) are encouraged to specifically review 13 CFR
121.103, "How Does SBA Determine Affiliation?" (subparagraph (h)(4)) prior to submitting a proposal. A finding by the SBA of affiliation between an offeror and its subcontractor(s) may result in a determination that the Offeror is other than a small business and therefore ineligible for the SBSA Task Order award. For SBSA solicitations, Offerors proposing subcontracting arrangements at the Task Order level
(Step Three) may be required to explain which of its subcontractors are similarly situated subcontractors pursuant to the definition provided in 13 CFR 125.1 for purposes of determining whether the arrangement includes the use of any ostensible subcontractors and thus treated as a JV and the entities considered affiliated.
l. NOT APPLICABLE.
C.2. CONTRACTOR PERFORMANCE MANAGEMENT REVIEW
a. Performance Management Review (PMR) - All tasks under this contract will be subject to periodic (not less than quarterly) PMRs. The
Contractor will receive briefings on the PMR slide deck and be allowed the opportunity to submit a response. Contract Deficiency Reports
(CDRs) and/or Corrective Action Request (CARs) / Nonconformance Reports (NCRs) will be reviewed during the PMR, if the Government deems them material. The Contractor's portion of the PMR presentation will consist of participating in conversations regarding work accomplished, evaluation of work against applicable program metrics (to include schedule), cost savings, lessons learned, forecasted staffing requirements based on anticipated workload, self-evaluations/inspection results, corrective actions, funding levels/contractor performance report (financial), and contractor-employee utilization rates.
Prior to the PMR the contractor will complete the following information on the slide deck (Exhibit H) and submit to the AFSB.
-Slides 5-9 (as applicable): The contractor will complete the Contractor Self-Assessment portion of the slide and also rate themselves using the ratings of Green-Meeting Expectations or Red-Not Meeting Expectations.
-Slide 10: Contractor will fill out accidents/incidents/areas of concerns along with any comments for challenges, best practices and way ahead. Contractor will also report close calls to document lessons learned.
b. Contractor Performance Assessment: Currently, the Government uses an escalating system of deficiency reporting: local (on-site) and
PCO issued contract discrepancy report (CDR). Local deficiency reporting consists of: verbal notification and NCRs. Verbal notification is primarily used for non-repeating, minor nonconformance/discrepancies of tasks that can be re-performed at no additional cost to the government and with minimal impact to the effort. A NCR will be issued by COR when previous verbal notifications failed to result in corrective actions or when more/major non-conformance or significant deficiencies exist/occur. NCRs are indicators of performance and will be used to substantiate the Government's Contractor Performance Assessment Reporting System (CPARS) input. Performance deficiencies may include any government-identified noncompliance with contract requirements; an activity or action did not take place, or did not take place to the standards of timeliness or quality required. Note, that while the contractor will be given the opportunity for re-performance when possible, significant deficiencies will nevertheless be documented. Use of this escalating deficiency reporting procedure does not, in any way, limit the Government's ability to take corrective action up to and including termination.
c. Contractor's Fixed Fee will be assessed for validated negative PMRs, unresolved NCRs or as determined by the PCO IAW FAR 52.246-5 using the following schedule:
Critical Nonconformance - Contractor's fee will be assessed not less than 10% of the monthly fixed fee in which the critical nonconformance occurred. PCO determination will address the exact fee decrement based on severity, impact to the effort, contractor willingness to resolve and any other factors as deemed relevant by the PCO.
Unresolved CDRs - Contractor's fee will be assessed not less than 5% of the daily fixed fee starting with first day of delinquency in resolution. Fee reduction percentages are assigned as follows; however, the PCO has the discretion to apply whatever percentage it deems reasonable based on severity, impact to the effort, contractor willingness to resolve and any other factors as deemed relevant by the
PCO.
Percentage of Fee:
Critical: 10% and above (monthly)
Major: 7-10% (daily)
Minor: 5-7% (daily)
The Contractor will be given the opportunity to comment and respond to issued NCRs during the PMR prior to the Government executing a fee decrement.
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Definitions:
Critical/Major/Minor - as defined in FAR 46.101.
Unresolved NCR- a NCR remaining unresolved, or unacknowledged, past the PCO established suspense date. May be re-designated as minor, major or critical based on the PCO independent determination.
Daily Fee - The yearly fixed fee amount divided by 12 months divided by 30 days or: 7-10% (daily)
C.3 PURCHASING AND INVOICING PROCEDURES
a. The Government and Contractor shall utilize the procedures outlined in the Purchasing and Invoicing Guide (Attachment 0009). This guide details the process that the United States Government (USG) will use to conduct and oversee contractor purchasing and invoicing on this task order. Each step in the process will be described in detail along with the responsibilities of each individual position. It is the intent of the Government that the process will be sufficient for detailed cost accounting and approval without negatively impacting the contractor's ability to provide Maintenance services at SBHI. If the process is found to negatively impact operations it will be re-evaluated by the USG and updated appropriately to achieve the desired effect.
b. Final invoice for the Transition-In CLIN shall be submitted no later than 7 days after the end of CLIN 0001's period of performance.
C.4 GOVERNMENT PROPERTY
a. In the event that Government property accountable to this contract is lost, damaged, destroyed or stolen, the Contractor shall promptly perform an investigation and provide a report to the Contracting Officer or the Contracting Officers representative IAW FAR
52.245-1(f)(1)(vi) and DFARS 252.245-7002 Reporting Loss of Government Property. The Contracting Officer shall review the Contractor's report and, if the Contracting Officer deems necessary, may perform an additional independent investigation in accordance with FAR
52.245-1(g). In accordance with FAR 52.245-1(g)(3) should it be determined by the Government that the Contractors (or subcontractors) property management practices are inadequate or not acceptable for the effective management and control of Government property under this contract, or present an undue risk to the Government, the Contractor shall prepare a corrective action plan and take all necessary corrective actions as specified by the schedule within the corrective action plan. The Contracting Officer may, in writing, revoke the
Governments assumption of risk for loss, theft, damage or destruction, due to a determination under FAR 52.245-1(g) that the Contractors property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action. If the Contracting Officer revokes the Government's assumption of liability and holds the Contractor liable, the
Contractor may not charge the Government for the loss, theft, damage or destruction of Government property or any costs associated thereof except as provided in accordance with FAR 52.245-1(h)(1)(iii). The Contracting Officer may delegate the investigation to an appropriate Government representative of the Contracting Officer's choosing.
C.5 COST/PRICE CONTRACT EXECUTION
If the Offerors and/or Subcontractors proposals include indirect expense rate(s) which were determined by the Government to be not fully supported, those rates will be capped at the proposed rates for evaluation purposes and for the life of the task order contract, including any additional workload outside the original estimate pursuant to the Requirements clause FAR 52.216-21. In the event a rate(s) is capped, the following statements will be included in the award document, as applicable.
CAPPED RATES:
INDIRECT RATE(s):
PRIME: KTR NAME
KTR NAME proposal dated XXX included indirect rates which were determined by the Government to be not fully supported. As such, the following rates are hereby CAPPED for the life of this requirements task order (52.216-21) in accordance with M.5.3.3(a) of the solicitation:
#% for CAPPED RATE(S) by period
Example: update accordingly if applicable
Overhead = Base - 3%, OY1 3.25%, OY2 - 3.5%, OY3 3.75% OY4 4%, and
G&A = Base - 3%, OY1 3.25%, OY2 - 3.5%, OY3 3.75% OY4 4%, SUBCONTRACTOR: KTR NAME
The Cost/Price proposal dated XXX independently submitted by Subcontractor, KTR NAME, included indirect rates which were determined by
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the Government to be not fully supported. As such, the following rates are hereby CAPPED for the life of this requirements task order
(52.216-21) in accordance with M.5.3.3(a) of the solicitation:
#% for CAPPED RATE(S) by period
Example: update accordingly if applicable
Overhead = Base - 3%, OY1 3.25%, OY2 - 3.5%, OY3 3.75% OY4 4%, and
G&A = Base - 3%, OY1 3.25%, OY2 - 3.5%, OY3 3.75% OY4 4%, FEE RATE(s):
This is a Cost Plus Fixed Fee contract and thus, by definition, the fee is fixed at the DOLLAR amount proposed in the Cost/Price proposal. If, at any time during the life of this requirements task order (52.216-21), a change order is necessary for modification of the requirements , the subsequent fee amount will be subject to a CAP based on the following fee RATES proposed in KTR NAME proposal dated XXX, in accordance with M.5.3.3(b) of the solicitation:
#% for all work self-performed, #% for subcontract work
b. Fee Rates: Contractor name proposal dated XXX included a fee rate(s) of XX% which is hereby capped as proposed for the life of this task order in accordance with M.5.3.3(b) of the Solicitation.
C.6 AbilityOne Program and/or 8(a) Contracts
Notwithstanding the inclusion of FAR 52.216-21 in this task order, any maintenance, supply, and transportation tasks currently being performed by an AbilityOne contractor or an 8(a) contractor at SBHI, or subsequently determined appropriate for performance by an
AbilityOne contractor or an 8(a) contractor, are not included within the scope of this EAGLE requirements Task Order.
C.7 POST-AWARD CONFERENCE:
The Contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office IAW FAR subpart 42.5.
*** END OF NARRATIVE C0001 ***
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SECTION E - INSPECTION AND ACCEPTANCE
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
E-1 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT DEC/2014
(a) The contractor shall comply with the higher-level quality standard(s) listed below.
ISO 9001-2015
(b) The contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts in--
(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require--
(i) Control of such things as design, work operations, in-process control, testing and inspection; or
(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.
(End of clause)
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SECTION F - DELIVERIES OR PERFORMANCE
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
F-1 52.242-15 STOP-WORK ORDER (AUG 1989) -- ALTERNATE I (APR 1984) APR/1984
F-2 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023) JAN/2023
(a) Definitions. As used in this clause--
"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
"Concatenated unique item identifier" means
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards
Organization (ISO)/International Electrotechnical Commission (IEC) 16022.
"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .
"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
"Enterprise" means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
"Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.
"Governments unit acquisition cost" means
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractors estimated fully burdened unit cost to the
Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractors estimated fully burdened unit cost to the Government at the time of delivery.
"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the
Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459 .
"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.
"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
"Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
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"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed
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reparables and DoD serially managed nonreparables as specified in
Attachment Number 0042.
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in
Attachment Number 0042.
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC
International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI
MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International
Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2
Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air
Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer
Syntax for High Capacity Automatic Data Capture Media.
(5) Unique item identifier.
(i) The Contractor shall--
(A) Determine whether to--
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of
U.S. Military Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of
MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.
(ii) The issuing agency code--
(A) Shall not be placed on the item; and
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(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and
Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material
Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Governments unit acquisition cost.
(11) Unit of measure.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material
Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
** Once per item.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
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(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at
252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .
(2) Embedded items shall be reported by one of the following methods--
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/ ; or
(iii) Via WAWF as a deliverable attachment for Exhibit A, Unique Item Identifier Report for Embedded Items, Contract Data
Requirements List, DD Form 1423.
(g) Subcontracts. If the Contractor acquires by subcontract any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.
(End of clause)
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SECTION G - CONTRACT ADMINISTRATION DATA
G.1 BILLING INSTRUCTIONS FOR CLIN 0001-0010:
The Contractor is authorized to bill in IAW FAR 52.216-7(a)(1).
G.2 Fixed Fee Withholds:
In accordance with FAR Clause 52.216-8 Fixed Fee, the Government will withhold $TBD (5 percent or $100,000.00, whichever is less, of the total fixed fee applicable to the current period of performance). However, based on information known, the Contracting Officer has the authority to raise the withhold to 15 percent or $100,000.00, whichever is less, of the total fixed fee applicable to the current period of performance if the Contracting Officer determines it is in the Government's best interest to do so. The contractor is authorized to invoice fixed fee applicable to the current period of performance up to an amount not to exceed $TBD per month (1/10th of the Max Fee able to be invoiced for the Base Year and 1/12th of the Max Fee able to be invoiced for Option Years). In total the contractor is not authorized to invoice fixed fee above $TBD (the difference of total fixed fee for the current period of performance less the Government withhold). See Attachment TBD for the specific fee amounts applicable to the current period of performance.
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