W52P1J-18-R-0122_Formal_RFP.pdf

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)

W52P1J-18-R-0122 X

2019JAN1705:00pm

DOA6

SEE SCHEDULE

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

JENNIFER J. CRAMBLETT

(309)782-1868

CCRC-VG

JENNIFER.J.CRAMBLETT.CIV@MAIL.MIL

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X 11 X 12

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

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SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: JENNIFER J. CRAMBLETT

Buyer Office Symbol/Telephone Number: CCRC-VG/(309)782-1868

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 REQUEST FOR PROPOSAL (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.

A.1 The U.S. Army Presidio of Monterey (POM) and Military Ocean Terminal Concord (MOTCO) have a requirement for logistics support services, including maintenance, supply, and transportation support. Each location is considered separate and distinct.

A.2 This is the official RFP and supporting documentation for the POM and MOTCO requirements. Industry feedback received on the DRAFT documents was taken into consideration in the preparation of the final RFP documents. Please note that the Government answers provided in response to the feedback received on the DRAFT documents are not incorporated into this RFP.

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 North American Industry Classification System (NAICS) Code 561210 by the closing date of this RFP.

This RFP will result in a hybrid Cost Plus Fixed Fee (CPFF) and Firm Fixed Price (FFP) task order with one (1) 12 month base period, to include a 60 day transition-in period, four (4) 1-year options, and an option to extend services for six (6) months for a total of five

(5) "and a half" years 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 1826 Days after NTP is identified below:

CLIN SERVICE PERIOD OF PERFORMANCE:

Base Year (includes 60 day Transition-In): CLIN 0001 - 0008, NTP - 366 days after NTP

Option Year 1: CLINs 1001 - 1008, 366 days after NTP - 731 days after NTP

Option Year 2: CLINs 2001 - 2008, 731 days after NTP - 1095 days after NTP

Option Year 3: CLINs 3001 - 3008, 1096 days after NTP - 1461 days after NTP

Option Year 4: CLINs 4001 - 4008, 1462 days after NTP - 1826 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 60 day Transition period.

A.5 This Best Value source selection process will include an evaluation of the following three (3) 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 (in accordance with (IAW) Federal Acquisition Regulation (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 0001.

A.8 Class Deviation 2019-O0003 Limitations on Subcontracting for Small Business (DEC 2018): Offerors are put on notice that they are required to follow the requirements of Class Deviation 2019-O0003 - Limitations on Subcontracting for Small Business as currently written.

A.9 Government Furnished Facilities and Equipment are identified in the Attachments 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 and submit the Cost/Price Matrix identified as Attachment 0005.

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A.11 The Government intends to conduct a Postaward 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), Corbin Tyler De La

Cruz, or Contract Specialist, Jennifer Cramblett, may be contacted at usarmy.RIA.acc.mbx.eagle@mail.mil.

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 the FEDBIZOPS at https://www.fbo.gov/ to obtain the RFP and any amendments that may be issued. 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 TheFedBizOpps (FBO.gov) bid response system will be used in this procurement. FBO.gov allows Offerors to electronically submit proposals to RFPs posted on FBO - see Paragraph L.3. Note: links to third party cloud file services or a Drop Box are not acceptable for delivery of proposals.

A.17 The DD254 Security Form is provided as Attachment 0012. The Offeror/ Subcontractor identified on Attachment 0005, Tab 2 shall have a SECRET Facility Clearance prior to this RFP closing date. In addition, the Offeror /Subcontractors 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 further 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 PLEASE BE SURE TO REVIEW ALL DOCUMENTS AGAIN AS SOME HAVE CHANGED FROM WHEN THE DRAFT WAS ISSUED.

A.20 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.

(3) If the Contractor identifies an OCI, the Contractor shall make a prompt and full disclosure in writing to the Procuring Contracting

Officer (PCO). OCI that arise during performance of the contract, as well as newly discovered conflicts that existed before contract award, shall be disclosed.

A.21 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.22 The Estimated Total Contract Value (ETCV) is To Be Determined (TBD) (at award). The ETCV amount is NOT a ceiling price, but rather an ESTIMATE of the total five (5) "and a half" years of performance under this contract.

A.23 Not Applicable.

A.24 If an Amendment is deemed necessary for this RFP, the Amendment notice will be posted electronically to FBO (as stated in A.13).

Please be advised that when an Amendment is posted to FBO, it will be listed on the bottom of the RFP notice.

*** END OF NARRATIVE A0001 ***

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SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

OFFERORS SHALL SUBMIT PRICES USING ATTACHMENT 0005-COST/PRICE MATRIX

BILLING INSTRUCTIONS FOR CLIN 0001-0008:

The Contractor is authorized to bill IAW FAR 52.216-7(a)(1).

*** END OF NARRATIVE B0001 ***

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

0001 TRANSITION-IN _____________

0002 INSTALLATION MAINTENANCE DIVISION (IMD) _______________________________________

0003 INSTALLATION SUPPLY DIVISION (ISD) __________________________________

0004 INSTALLATION TRANSPORTATION DIVISION (ITD) __________________________________________

0005 PROJECT MANAGEMENT OFFICE (PMO) _______________________________

0006 OTHER DIRECT COSTS (ODC) ________________________

0007 CONTRACTOR MANPOWER REPORTING REQUIREMENT _________________________________________

0008 CONTRACT DATA ITEM LIST (CDRLS) _______________________________

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

STATEMENT OF WORK: CONTRACTOR MANPOWER REPORTING

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Logistics Support Services for POM and MOTCO, via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ , and then click on

"Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs

October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk by clicking on Send an email which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Components CMR website.

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 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) Set-Asides

Per FAR 19.502-2(b)(1) and (2), the Contracting Officer shall set aside any acquisition over $150,000 for small business participation when there is a reasonable expectation that offers will be obtained from at least two (2) responsible small business concerns and award will be made at a fair market price.

1) The determination whether a Task Order competition under the EAGLE program will be set aside for small businesses is based on the

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Governments estimated value of the Annual Requirement of the logistics effort.

2) Under the EAGLE program, it has been determined that for the requirements estimated at or below $38.5M annually, there is a reasonable expectation that two (2) or more responsible small businesses will submit offers and will be capable of providing these services. As this requirement is estimated at or below $38.5M annually, it has been set aside for small business participation, subject to the following:

i. If two (2) or more proposals are not received from responsible small businesses with the capacity and capability to perform the requirement at a fair and reasonable price, the competition will be opened up to all contractors that have been determined acceptable in Step Two (BOA Holders).

ii. If the proposals are priced in excess of $38.5M annually (notwithstanding the Governments estimate that the requirement would be at or below $38.5M), the Rule of 2 will still be applied, and if two (2) or more proposals are received from responsible, capable small businesses at a fair and reasonable price, the evaluation will proceed and the contract will be awarded in accordance with the evaluation terms of this Task Order. However, if two (2) or more proposals are not received from responsible small businesses with the capacity and capability to perform the requirement at a fair and reasonable price, the competition will be opened up to all BOA Holders.

(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) five (5) years. For task orders that exceed five (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 two

(2) or more business concerns may submit an offer as a small business without regard to affiliation so long as each concern is mall 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 (3) 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 (2) contracts in the previous two (2) 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) Offerors must be cognizant of Class Deviation 2019-O0003, Limitations on Subcontracting for Small Business (DEC 2018). This clause is mandatory for all set-aside acquisitions. When an Offeror self-certifies in Section K of the solicitation that it is a small business, the Offeror is also self-certifying it will comply with Class Deviation 2019-O0003 Limitations on Subcontracting for Small

Business (DEC 2018), which means that with the submission of an offer and execution of a contract, the Offeror agrees that in the case of a contract for Services, at least percent fifty (50%) of the cost of contract performance incurred for personnel shall be expended for employees of the concern. Any indication on the face of the proposal that the offeror will not or cannot comply with the Limitations on Subcontracting clause will render the proposal unacceptable and the offeror ineligible for award; that is a decision that will be made during the evaluation of the proposal, not during a responsibility determination, and thus does not go to the SBA for final review.

C.2 CONTRACTOR PERFORMANCE MANAGEMENT REVIEW

(a) All tasks under this contract will be subject to periodic (not less than quarterly) performance management reviews (PMR). The performance reviews will be written in the form of a Contractor Performance Assessment Report (CPAR) in accordance with the Department of Defense (DoD) Contractor Performance Assessment Reporting System (CPARS). The PMR can be either positive, outlining best practices or cost savings, or negative in the event the contractor fails to perform as outlined in the PWS, applicable regulations, or PCO direction.

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PMRs will be provided to the contractor not less than quarterly or as deemed necessary by the COR, Government Program Manager or PCO.

The Contractor will receive briefings on the PMR reports and be allowed the opportunity to submit a response. Contract Deficiency

Reports (CDRs) and/or Corrective Action Request (CARs) will be reviewed during the PMR, if the Government deems them material. The contractor will present its independent assessment of performance during the PMR. Contractor's presentation will consist of 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), contractor-employee utilization rates and must address all CARs, CDRs or other notices issued by the

PCO.

(b) Contractor Performance Assessment: Currently, the Government uses an escalating system of deficiency reporting: local (on-site) and

PCO issued contract discrepancy report (CDR; DA Form 5479). Local deficiency reporting consists of: verbal notification and CAR. 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 CAR will be issued by COR/COTR/QAE when previous verbal notifications failed to result in corrective actions or when more/major non-conformance or significant deficiencies exist/occur. The CAR will be issued to the contractor by the COR and forwarded to the PCO through the government program management office/COR for tracking/action.

Un-resolved CARs or significant deficiencies will result in the PCO issuing a formal CDR. CDRs are provided to the contractor's corporate office(s) for action with an assigned suspense date. CDRs are a significant indicator of performance and will be used to substantiate the Government's 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 CDRs 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% (ten percent) 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% (five percent) 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 CARs and/or CDRs during the PMR prior to the Government executing a fee decrement.

Definitions:

Critical nonconformance - a nonconformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; or is likely to prevent performance of a vital agency mission. Repeated or unresolved major nonconformance will result in re- designation as critical nonconformance.

Major nonconformance - a nonconformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose. Repeated or unresolved minor nonconformance will result in re-designation as major nonconformance.

Minor nonconformance - a nonconformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services.

Unresolved CDR - a CDR 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.

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 Government will use to conduct and oversee contractor purchasing and invoicing on this task order.

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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 Presidio of Monterey (POM) and Military Ocean Terminal Concord (MOTCO). If the process is found to negatively impact operations it will be re-evaluated by the Government and updated appropriately to achieve the desired effect.

(b) Final invoice for the Transition-In CLINs 0001AA and 0001AM shall be submitted no later than 7 days after the end of the transition

CLINs 0001AA and 0001AM periods 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

(a) 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 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):

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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

C.6 AbilityOne Program and/or 8(a) Contracts

(a) 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 [POM and MOTCO], 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

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://farsite.hill.af.mil/ or https://www.acquisition.gov/

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

E-1 52.246-3 INSPECTION OF SUPPLIES--COST-REIMBURSEMENT MAY/2001

E-2 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG/1996

E-3 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT APR/1984

E-4 52.246-14 INSPECTION OF TRANSPORTATION APR/1984

E-5 52.246-15 CERTIFICATE OF CONFORMANCE APR/1984

E-6 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 - 2008

(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

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://farsite.hill.af.mil/ or https://www.acquisition.gov/

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

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-2 252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY AUG/2012

F-3 252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION MAR/2018

(a) Definitions. As used in this clause--

"Advance shipment notice" means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as passive radio frequency dentification (RFID) or item unique identification (IUID) information, order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.

"Bulk commodities" means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:

(1) Sand.

(2) Gravel.

(3) Bulk liquids (water, chemicals, or petroleum products).

(4) Ready-mix concrete or similar construction materials.

(5) Coal or combustibles such as firewood.

(6) Agricultural products such as seeds, grains, or animal feed.

"Case" means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container.

"Electronic Product Code\TM\ (EPC)" means an identification scheme for universally identifying physical objects via RFID tags and other means. The standardized EPC\TM\ data consists of an EPC\TM\ (or EPC\TM\ identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC\TM\ tags. In addition to this standardized data, certain classes of EPC\TM\ tags will allow user-defined data. The EPC\TM\ Tag Data Standards will define the length and position of this data, without defining its content.

"EPCglobal" means a subscriber-driven organization comprised of industry leaders and organizations focused on creating global standards for the adoption of passive RFID technology.

"Exterior container" means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.

"Palletized unit load" means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the

Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.

"Passive RFID tag" means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. The only acceptable tags are EPC Class 1 passive

RFID tags that meet the EPCglobal\TM\ Class 1 Generation 2 standard.

"Radio frequency identification (RFID)" means an automatic identification and data capture technology comprising one or more reader/interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.

"Shipping container" means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by

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reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes).

(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case- and palletized-unit-load packaging levels, for shipments of items that--

(i) Are in any of the following classes of supply, as defined in DoD Manual 4140.01, Volume 6, DoD Supply Chain Materiel Management

Procedures: Materiel Returns, Retention, and Disposition:

(A) Subclass of Class I--Packaged operational rations.

(B) Class II--Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.

(C) Class IIIP--Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.

(D) Class IV--Construction and barrier materials.

(E) Class VI--Personal demand items (non-military sales items).

(F) Subclass of Class VIII--Medical materials (excluding pharmaceuticals, biologicals, and reagents--suppliers should limit the mixing of excluded and non-excluded materials).

(G) Class IX--Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and

(ii) Are being shipped to one of the locations listed at https://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html or to--

(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to--

(B) The following location(s) deemed necessary by the requiring activity:

Contract line, subline, or exhibit Location name City State DoDAAC line item number

N/A N/A N/A N/A N/A

(2) The following are excluded from the requirements of paragraph (b)(1) of this clause:

(i) Shipments of bulk commodities.

(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast

Payment Procedures.

(c) The Contractor shall--

(1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more

RFID tags) and conforms to the requirements in paragraph (d) of this clause;

(2) Use passive tags that are readable; and

(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-

129 (Section 4.9.2) tag placement specifications.

(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC\TM\ Tag Data

Standards in effect at the time of contract award. The EPC\TM\ Tag Data Standards are available at http://www.epcglobalinc.org/standards/ .

(1) If the Contractor is an EPCglobal\TM\ subscriber and possesses a unique EPC\TM\ company prefix, the Contractor may use any of the identifiers and encoding instructions described in the most recent EPC\TM\ Tag Data Standards document to encode tags.

(2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government

Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located at

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http://www.acq.osd.mil/log/sci/ait.html . If the Contractor uses a third-party packaging house to encode its tags, the CAGE code of the third-party packaging house is acceptable.

(3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1) of this clause.

(e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003, Electronic

Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/ .

(End of clause)

*** END OF NARRATIVE F0001 ***

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 BILLING INSTRUCTIONS FOR CLIN 0001-0008:

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 (five (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 fifteen (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. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years' settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor's past performance related to the submission and settlement of final indirect cost rate proposals IAW FAR 52.216-7(h)(1). Upon approval of a completion invoice or voucher submitted by the Contractor IAW FAR 52.216-

7(d)(5), and upon the Contractors compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

G.3 The direct labor rates contained in this contract (to include those included by way of incorporation of the contractor's proposal) are considered binding to the following extent. The contractor shall inform the Contracting Officer of any change in rates prior to submitting an invoice containing rates other than those agreed to previously. If the Contracting Officer determines the submitted rate(s) to be unreasonable the contractor shall not execute any action(s) to increase the previously agree to rate(s) and shall not submit invoice(s) containing rates other than those agreed to previously.

G.4 Firm Fixed Price Technical Approach

With regard to the Firm Fixed Price work, the Government will hold the awarded Contractor in this subsequent contract to its Technically

Acceptable proposal and…