Attachment_0010_-_PWS_10_-_Contract_Start-Up_and_Transition.pdf

Attachment 0010 June 20, 2018

PWS 10 – CONTRACT START-UP AND TRANSITION (INDIRECT)

1. GENERAL:

1.1. Unless otherwise negotiated with the incumbent and contractually executed by the Government, the terms and conditions of this PWS do not contractually relieve the incumbent of responsibility under Contracts W52P1J- 12-D-0078 and W52P1J-14-C-0008 for LCAAP in any way prior to 2400 CST on 30 September 2020, at such time when the Contractor shall assume full operational control and contractual liability of LCAAP.

1.2. The Contractor recognizes that the services provided under this contract are vital to the Government and must be continued without interruption or impact to contractual delivery schedules, and that:

1.2.1. Upon operational control, the Contractor shall continue to produce products and provide base support operations and other deliverables as required by this contract.

1.2.2. Upon contract expiration, a successor, either the Government or another Contractor, may continue them.

1.2.3. The Contractor agrees to exercise commercially reasonable efforts and cooperation to affect an orderly and efficient start-up of the new contract, as further described in this PWS.

1.2.4. The Contractor agrees to exercise commercially reasonable efforts and cooperation to affect an orderly and efficient transition to a successor (either the Government or another Contractor) upon contract expiration, as further described in this PWS.

2. CONTRACT START-UP:

2.1. Upon contract award, the Contractor shall implement the Start-up Plan as provided in its proposal defining the activities and schedules necessary to meet contract production delivery, services, and other deliverable requirements.

2.2. The incumbent is required to provide up to 365 days of phase-in, phase-out activities during the final 365 days of the incumbent Contractor’s period of performance. The Government has included a Contract Start-Up PWS in the incumbent’s contract requiring the incumbent to act in good faith during transition. If transition from the incumbent is involved, the Contractor shall negotiate in good faith with the incumbent, and the Government as required, to determine the nature and extent of phase-in, phase-out activities required.

Unless otherwise approved by the PCO in advance, Contract Start-Up activities shall be at the Contractor’s expense. Agreements between the Contractor and incumbent defining the work content, terms, and conditions, shall be separate and apart from this PWS.

2.3. The Start-up Plan shall be reviewed, updated as necessary and submitted no later than three months after contract award. The Start-up Plan is subject to the PCO’s approval, and shall identify the specific work activities required and the dates by which such work must be accomplished. In the case of a transition, specific work activities shall be described that will be required of both the incumbent and Contractor to support the Contractor’s transition, and the dates by which such work must be accomplished. Any material changes to the Start-Up Plan (i.e., transition date) shall be resubmitted for PCO approval. Start-up Plan topics and related tasks should include, but not be limited to, the following:

Specify a personnel training program.

Provision of required on-site office space, communications, and utilities for Contractor transition offices.

Production of work-in-process ammunition and components. Plan should address how potentially different quality, TDP, and FAAT requirements of the two contracts will be accommodated.

Purchase of long lead time materials and other supplies, including Propellant as required by PWS 15.

Hiring plan addressing how incumbent personnel and personnel records will be approached, as permitted by law and regulation, to establish the workforce required to perform this contract. This is discussed further in paragraph 2.6 below.

Transfer/novation of licenses, permits, leases, and subcontracts; or support activities related to replacement of non-transferable instruments.

Information regarding in-process Government-funded work that may necessarily be transferred from the incumbent to the Contractor for completion.

Retention and/or transfer of records, including technical data previously acquired by the Government.

Transition of 20mm electric primer operations, ballistics testing, material storage, and other services provided to the 20mm LAP tenant; as well as transition of support services provided to other ARMS tenants.

Collective Bargaining Agreement.

2.4. The Contractor shall participate in bi-weekly Contract Start-up Integrated Process Teams (IPTs) with employees of the Government and the incumbent (if applicable). Maintain and share with the IPT status information showing start-up tasks, progress on each task, and expected completion dates.

2.5. The Contractor shall provide sufficient experienced personnel during the start-up period to ensure that the base support operations called for by these contracts are realized without interruption and without impact to contractual delivery schedules.

2.6. The Contractor may, with permission from the incumbent’s individual employees, conduct on-site interviews with employees, at times and locations reasonably convenient for the incumbent, the employees, and the Contractor.

If selected employees are agreeable to the change, the Contractor may hire them at dates mutually agreeable to the Contractor and individual employees.

Any transfer of earned fringe benefits (Paid Time Off (PTO) and pension) shall be negotiated by the Contractor, incumbent, and any applicable unions and shall comply with the law.

3. CONTRACT TRANSITION: At contract completion, if Contractor is not selected by the Government for the successor contract(s), the Contractor shall:

3.1. Furnish phase-in, phase-out activities for up to 365 days. The 365 days shall be for the final 365 days of the Contractor’s period of performance, or such other date mutually agreed to in writing by the parties and approved by the PCO

3.2. Negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out activities required. Stated plan is subject to the PCO’s approval, and shall identify the specific work activities required of the Contractor to support the successor’s transition, and the dates by which such work must be accomplished. Transition Plan topics and related tasks may include items such as, but not limited to, the following:

Specify a personnel training program.

Provision of on-site office space, communications, and utilities for successor transition offices.

Production of work-in-process ammunition and components. Plan should address how potentially different quality, TDP, and FAAT requirements of the two contracts will be accommodated.

Purchase of long lead time materials and other supplies.

Access to personnel and personnel records whom have agreed in writing to allow access and transfer of their personnel records, as permitted by law and regulation, and by the terms of any applicable collective bargaining agreement, and as further discussed below.

Non-interference access to operating areas.

Transfer/novation of licenses, permits, leases, and subcontracts; or support activities related to replacement of non-transferable instruments.

Information regarding in-process Government-funded work that may necessarily be transferred to the successor for completion.

Retention and/or transfer of records, including technical data previously acquired by the Government.

3.3. The Contractor shall participate in bi-weekly Transition IPTs with employees of the Government and the successor (if other than the Government). Maintain and share status information showing transition tasks, progress on each task, and expected completion dates.

3.4. Provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the activities called for by this contract are maintained at the required level of proficiency. The Government understands certain employees may choose to leave and the Contractor may choose to transfer certain employees.

3.5. The Contractor shall not conduct any mass purge or destruction of documents, especially during transition, and shall not purge or destroy any records and manuals necessary for operations and maintenance of the plant.

The Contractor may purge or destroy routine records in the normal course of their business operations during the course of the contract, and preceding Transition.

3.6. Negotiate in good faith with the successor and the Government (if not the Successor) for the timely and cost effective execution of work activities performed pursuant to this PWS and the associated Transition Plan. If the Successor is another Contractor, unless otherwise approved by the PCO in advance, the Contractor’s efforts in direct support of the follow on contract shall be at the Successor’s expense and the agreements between the Contractor and incumbent defining the work content, terms, and conditions, shall be separate and apart from this PWS. If the Successor is the Government, subject to the availability of funds and only as directed by the PCO, the Contractor may be reimbursed for all reasonable, allowable, and allocable phase-in, phase-out costs associated with this Transition PWS.

3.7. Allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contactor shall disclose necessary personnel records, to the extent permitted by law and regulation and by the terms of any applicable collective bargaining agreement, and only as specified in, and if the conditions herein are met, and allow the successor to conduct on-site interviews with these employees, at times and locations reasonably convenient for the successor, the Contractor, and the Contractor's employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date. Any transfer of earned fringe benefits (PTO and pension) shall be negotiated by the Contractor, successor, and any applicable unions and shall comply with the law.