APS_4_RFP_W52P1J-19-R-0056.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-19-R-0056 X

DOA6

SEE SCHEDULE

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

JENNIFER L. KRANTZ

(309)782-1299

CCRI-VE

JENNIFER.L.KRANTZ4.CIV@MAIL.MIL

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X 13 X 14

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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 L. KRANTZ

Buyer Office Symbol/Telephone Number: CCRI-VE/(309)782-1299

Type of Contract 1: Cost Plus Fixed Fee

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.

A.1 The U.S. Army Field Support Battalion-North East Asia (AFSBn-NEA) Korea has a requirement for logistics support services, including maintenance and supply support for Army Prepositioned Stocks 4 (APS-4).

A.2 This is the official RFP and supporting documentation for the APS-4 requirement. 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 will be competed among those Offerors that hold an EAGLE Program BOA under North American Industry Classification System

(NAICS) Code 561210 by the closing date of this RFP.

This RFP will result in a Combination Cost Plus Fixed Fee/Firm Fixed Price Requirements contract with some non-fee bearing cost elements with one (1) 12 month base period, to include a 60-day transition-in period, four (4) 1-year options, and one (1) 6-month option period in accordance with (IAW) Federal Acquisition Regulation (FAR) 52.217-8, for a total of five (5) years and six (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 (includes 60 day Transition-In): CLIN 0001 - 0006, NTP - 366 days after NTP

Option Year 1: CLINs 1001 - 1006, 367 days after NTP - 731 days after NTP

Option Year 2: CLINs 2001 - 2006, 732 days after NTP - 1096 days after NTP

Option Year 3: CLINs 3001 - 3006, 1097 days after NTP - 1461 days after NTP

Option Year 4: CLINs 4001 - 4006, 1462 days after NTP - 1827 days after NTP

Option Period IAW FAR 52.217-8: CLINs 5001 - 5006, 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 0 day Transition period.

A.5 This Best Value tradeoff 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 (IAW FAR subpart 9.1) whose proposal conforms to the RFP requirements and is determined to the best value to the Government.

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 KBRwyle Technology Solutions, LLC under contract W52P1J-12-G-0061-0001.

There are only two (2) functional areas that currently have requirements for this RFP: Maintenance and Supply. The Transportation functional area is not a requirement at this time. The contractor will be notified if and when the Government determines that a requirement exists in the Transportation functional area for this effort. Proposals shall not include any costs related to the

Transportation functional area.

A.8 Government Furnished Facilities and Equipment are identified in Attachment 0014 in Section J of this RFP and identified in the PWS.

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A.9 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.

A.10 The Government intends to conduct a Post Award Conference with the awardee following Task Order award.

A.11 This RFP should not be discussed with any Government employee except the Procuring Contracting Officer (PCO), Kristy Tierney or

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

A.12 This RFP and any amendments to this RFP shall be issued electronically. 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.

A.13 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.14 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.15 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.16 The DD254 Security Form is provided as Attachment 0011, please reference L.5.1.6 to meet the SECRET Facility Clearance RFP requirements.

A.17 PLEASE BE SURE TO REVIEW ALL DOCUMENTS AGAIN AS SOME HAVE CHANGED FROM WHEN THE DRAFT RFP WAS ISSUED.

A.18 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.19 The Army Sustainment Command (ASC) will be using a support contractor, SERCO, for assistance in the management and oversight of

EAGLE task orders with a particular emphasis on cost management. To perform these duties, SERCO employees supporting this effort will have access to the following contract information under EAGLE:

- Award documents and all modifications to include cost/price information

- Invoice

- Union Agreements to include labor rates

- All Contract Data Requirements Lists submissions

The contracted support provided by SERCO is technical in nature, and in no way supplants the Governments exclusive responsibility for the decision making regarding contract management and oversight. The SERCO contract prohibits the unauthorized use or disclosure of any of the aforementioned information. Further, SERCO has signed a non-compete statement for the EAGLE program and will not submit a proposal on EAGLE solicitations (as a prime, subcontractor, or advisor) and will not participate in any resultant contract in any aforementioned role IAW FAR 9.507(to prevent any unfair competitive advantage). All awardees will be required to permit this support contractor to have necessary access to the documents outlined above and to enter into an agreement with the support contractor permitting such necessary access, and establishing proper protections (see FAR 9.505-4(b)).

A.20 Notice of Organizational Conflicts of Interest (OCI): SERCO Inc., and any affiliates, subsidiaries, or subcontractors 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

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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.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 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 The Logistics Support Privileges defined in the United States Forces Korea (USFK) Regulation 700-19 will not be reimbursed on this contract; however, privileges will be provided by USFK on an as-available basis to properly authorized individuals.

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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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

0001 SERVICE LINE ITEM _________________

BILLING INSTRUCTIONS FOR CLIN 0001-0008:

The Contractor is authorized to bill IAW FAR 52.216-

7(a)(1).

(End of narrative B001)

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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 both functional areas; that technical capability may have been achieved with or without subcontractors. For this Task Order (Step Three), the Offeror must propose itself and any subcontractor(s) it would deem 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, 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) 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

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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.

(k) Limitations on Subcontracting (Subject to Change with Pending Legislation)

Offerors must be cognizant of FAR 52.219-14, "Limitations on Subcontracting." 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 FAR 52.219-14, 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.

(l) ORGANIZATIONAL CONFLICT OF INTEREST: The EAGLE contractor grants authority for Government officials to release necessary proprietary information to the ASC support contractor (SERCO, Inc.) to assist ASC in the management and oversight of EAGLE task orders. The EAGLE contractor shall immediately upon award negotiate and execute an agreement with the support contractor to permit access to necessary proprietary information and to protect against improper release of such information by the support contractor in accordance with FAR

9.505-4. The EAGLE contractor shall ensure that this authority covers any proprietary information that may be required of subcontractors as well.

C.2 CONTRACTOR PERFORMANCE WORK STATEMENT

Performance shall be in accordance with the Contractor's proposed Performance Work Statement (PWS), which is based on Attachment 0002 -

APS-4 Statement of Objectives. Upon proposal submission, the PWS will become the property of the Government and may be used, in whole or in part, to further support other program objectives. The Contractor shall not provide any proprietary information within its proposed PWS and associated documents. The Government will incorporate the awarded Contractors PWS into the contract after the Post

Award Conference (see Section C.10 Post-Award Conference). Throughout execution, the Contractor and the Government may work together to further refine the PWS to ensure the service output of the requirements, task descriptions, metrics, and quality are relevant to the services being performed. Any PWS adjustments must remain organized, clear, succinct, understandable (even by personnel outside of the respective area being described), in performance based terms, and adhere to the SMART criteria.

C.3 LABOR AGREEMENTS

The Government shall not be liable for any costs incurred by the Offeror due to the Offeror's failure to align labor and other personnel agreements with the current period of performance, to include Offerors failure to comply with all host country notice requirements concerning the expiration and/or termination of employment contracts. The specification supplements but does not supersede the Offerors obligations to be compliant with all applicable labor laws pursuant to Section I.

C.4 COMPENSATION CONSIDERATIONS

The Government is concerned about the possibility that certain Offeror hiring or sourcing practices may materialize and be detrimental to the APS-4 objectives. While we recognize that there may be heavy competition for scarce personnel or other resources, Offerors are cautioned to be vigilant of fair compensation contract requirements and also mindful of APS-4 interests. The Offeror will be wholly responsible for providing a competitive compensation, consistent with applicable host country requirements, to ensure quality services are delivered and maintained throughout the contract life cycle. The following is a list of examples to assist the Offeror in its proposal development in relation to its total compensation approach:

(a) Foreign Travel Per Diem Allowances: The foreign travel per diem allowances provide for lodging, meals, and incidental expenses when an employee is on temporary duty overseas;

(b) Cost of Living Allowances: The cost of living allowances are those allowances that are designed to reimburse employees for

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certain excess costs that they incur as a result of their employment overseas. This group includes allowances similar to the

Post Allowance (more commonly referred to as the COLA), Foreign Transfer Allowance, Home Service Transfer Allowance, Separate

Maintenance Allowance, Education Allowance, and Educational Travel;

(c) Recruitment and Retention Incentives: These allowances are designed to recruit employees to locations where living conditions may be difficult or dangerous. Costs similar in purpose to Post Hardship Differential, Danger Pay, and Difficult to Staff

Incentive Differential are all considered recruitment and retention allowances;

(d) Quarters Allowances: Quarters Allowances, which include costs similar to the Living Quarters Allowance, Temporary Quarters

Subsistence Allowance, and Extraordinary Quarters Allowance, are intended to reimburse employees for substantially all housing costs, either temporary or permanent, at overseas locations where housing is not provided.

C.5 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.

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.

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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.6 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 AFSBn-NEA Korea. 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.7 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.8 COST/PRICE CONTRACT EXECUTION

(a) If the Offerors 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%, 9 83

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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):

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.9 AbilityOne Program and/or 8(a) Contracts

(a) Notwithstanding the inclusion of FAR 52.216-21 in this task order, any APS-4 functional area tasks currently being performed by an

AbilityOne contractor or an 8(a) contractor at AFSBn-NEA Korea 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.10 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. During the Post Award Conference the Government will use it to facilitate upfront partnering with the successful Offeror.

The Post Award conference will include, but not be limited to, the following topics.

(a) Partnership:

1. The Government seeks to engage in a partnership philosophy with the successful Offeror. The partnering process is based upon a mutual commitment between Government and the successful Offeror to work cooperatively as a Team to identify and resolve problems and facilitate contract performance. It is a relationship that is based upon open and continuous communication, mutual trust and respect, and the replacement of the "us vs. them" mentality of the past with a "win-win" philosophy for the future. Partnering also promotes intent-based synergy, creative thinking, pride in performance, and the creation of a shared vision for success.

(b) Proposed PWS/PRS/Surveillance Techniques:

1. Performance work statement (PWS) that captures all of the types of effort performed and review of any non-value added

Information (i.e., unnecessary administrative language, non-applicable regulations).

2. Performance Requirements Summary (PRS) that address performance standards which are relevant to the performance requirements and how the contractors performance will be measured against the performance standards and subsequently communicated in future performance reviews.

3. Surveillance Techniques to include surveillance schedules and methods which ensure conformance of quality for the Governments consideration in development of the Governments Quality Assurance Surveillance Plan.

(c) OEIP

1. Overall expectation on simplifying the identification, categorization, and quantification of potential operational efficiencies to ensure a minimalistic approach to the OEIP process.

2. Industry best practices that can be leveraged to internally track, trend, trace, measure, document, and communicate current baselines versus future proposed operational efficiencies.

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3. Discuss potential areas where opportunity may exist for potential operational efficiencies to include assessment of antiquated processes or standards whether derived from business procedures established at local authorities or long established regulatory authorities. The purpose of this is to understand the intent of our overall end-state/objectives (i.e., mission readiness) and determine what processes and procedures truly produce operational value and simplify, reduce, or eliminate those tasks that do not produce operational value to the overall end-state/objective.

(d) Conversion to Firmer Pricing

1. See Section C.12.

C.11 Operational Efficiency Incentive Program (OEIP)

(a) The Contractor is required to become ISO 9001:2015 compliant within 6 months after award. Paragraph 10 of ISO 9001:2015 Quality

Systems Standard requires the implementation of a CPI program. This further incentivizes the ISO requirement. See also Section 1.6 of the EAGLE PWS.

(b) The Contractor is highly encouraged to submit any operational efficiency to the Government for review and approval. For any operational efficiency incorporated into this contract by modification, which is shown by reliable data to reduce the cost of the contract and results in a cost savings to the Government, the Offeror shall be compensated. After the contract modification is issued, the Contractor shall perform the contract at the reduced rate with no degradation of performance. The compensation will be in the form of an incentive program by which a percentage of the cost savings/cost reduction to the Government/contract will be shared with the

Offeror. The Offeror shall be entitled to 35% of the savings for the first year of the CPI approval and 15% of each year's savings thereafter and shall be paid during the year of the savings. The Contractor and Government may opt to pay the cost share in a lump sum.

This incentive will be incorporated into the contract under a separate CLIN (to be assigned when required) with the modification incorporating the process improvement and the cost reduction of the contract. The Government may consider increasing the Contractors sharing rate as high as 65% for the first year of the CPI approval and 25% of each years savings thereafter. When determining an increase in cost sharing rate the Government may consider certain aspects of the improvement such as extent and complexity of the improvement, development risk, development cost, performance impact, remaining period of performance, impact on future motivation and behavior.

(c) The approval of any process improvement is entirely at the Government's discretion and shall not be subject to the Disputes Clause.

The Contractor is expected to use industry best practices for data collection (i.e., internally track, trend, trace, benchmark\'85etc.), analysis and seek Government approval for implementation of operational efficiencies. If at any time after the incorporation of the process improvement the Offeror determines that the process improvement is no longer appropriate, it may request a cancellation thereof.

Any incentive paid to the Contractor shall be repaid to the Government on a prorated basis. This prorated basis shall be based on the approved cost share rate at the time of acceptance (i.e. 15% (35% if within the first year) of the contract increase for the year that an incentive payment has been made to the Contractor.

(d) The Contractor shall submit its operational efficiencies to the EAGLE Business Office at usarmy.ria.asc.list.lce@mail.mil, Contracting Office, the appropriate Contracting Officer Representative(s). The Contractor shall submit reliable data in a format of its choosing that simply, succinctly, and easily understandable to demonstrate the operational efficiency and its benefit to the Government.

C.12 Conversion to Firmer Pricing

As the contract progresses, the contract type may evolve into a firmer priced contract type in later periods than that used at the outset of this contract as risks decrease or certainty increase. The Contractor shall review the contracted effort, at least annually, to determine if sufficient experience, familiarity, and predictability has been garnered to warrant a conversion of the effort, all or in part, to firmer pricing. This conversion will be accomplished as follows:

(a) Within 120 calendar days prior to the end of the task orders period of performance in which confidence was gained to move later periods of the contract towards firmer pricing, the contractor shall prepare and submit for Government review, comment and concurrence:

1. Contractors assessment of the contracted effort and supporting data that demonstrates the ability to describe the workload/effort data with a reasonable degree of precision and predict the cost of performance with a reasonable degree of certainty.

2. Contractors assessment of the risks associated with the potential conversion and its plan to eliminate or mitigate risks that would put quality of mission and mission readiness at risk.

3. The proposed overall adjustment to any aspect of cost, to include contract values and CLIN structure, and the assurance that proper consideration would be agreeable between the Government and the Contractor. The overall cost of the converted effort(s) must be equal to or less than the previously negotiated/awarded costs on the respective efforts being converted to firmer pricing.

(b) Within 60 calendar days prior to the end of the task orders period of performance, the Government and the Contractor will resolve to

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their mutual satisfaction any comments or concerns on the aforementioned information. Upon exercise of the option for the later period of performance, the Government has the unilateral right to modify the task order to incorporate the agreed to documents to accomplish the conversion to a firmer priced contract type.

(c) In the event that the Government and the contractor are unsuccessful in reaching agreement prior to the next period of performance, the parties will exercise the option based on the previously negotiated terms and conditions.

*** END OF NARRATIVE C0001 ***

STATEMENT OF WORK: CONTRACTOR MANPOWER REPORTING (CMR)

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 APS-4 Korea via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://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.

*** END OF NARRATIVE C0002 ***

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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

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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

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SECTION G - CONTRACT ADMINISTRATION DATA

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

G-1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC/2018

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

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

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

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

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement…