EAGLE_Fort_Huachuca_-_W52P1J19R0101-_Amendment_0005.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In

The Contract/Order No. In Item 10A.

B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set

Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).

C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.

14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. Name And Title Of Signer (Type or print)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

By (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Cost Plus Fixed Fee

0005 2019NOV01

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

MATTHEW WARD

EMAIL: MATTHEW.A.WARD58.CIV@MAIL.MIL

W52P1J-19-R-0101

2019SEP11

X

X

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

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SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: MATTHEW WARD

Buyer Office Symbol/Telephone Number: CCRI-VG/(309)782-3752

Type of Contract 1: Cost Plus Fixed Fee

Type of Contract 2: Firm Fixed Price

Kind of Contract: Service Contracts

*** End of Narrative A0000 ***

The purpose of Amendment 0005 is to do the following:

1) In response to questions submitted by industry the following documents have been updated:

a) Attachment 0002 - Staffing/Labor Mix

b) Attachment 0005 - Cost/Price Matix

c) Attachment 0016 - CBA to SCA Crosswalk

d) TD-01 Workload within Exhibit A - FHAZ Technical Data Portfolio

e) TD-06 Key & Specified Non-Key Positions within Exhibit A - FHAZ Technical Data Portfolio

2) Language provided in Section C paragraph C.2 has been updated.

3) All other terms and conditions remain unchanged.

*** END OF NARRATIVE A0006 ***

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W52P1J-19-R-0101

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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 Fort Huachuca, AZ 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.

C.1 EAGLE BUSINESS RULES - STEP THREE TASK ORDER REQUEST

(a) An Offeror must be a qualified BOA holder by the closing date of the RFP. The Government is under no obligation to place an order against an EAGLE BOA.

(b) A Task Order becomes a binding contract at the time of the Government's acceptance of a Task Order proposal and award of a Task

Order per FAR 16.703(c)(1)(iv).

(c) This Task Order is being competed among EAGLE BOA holders who hold a BOA at the time of the closing date of the RFP. No extensions to the RFP will occur for purposes of allowing interested Offerors additional time to become an EAGLE BOA holder. The Government will confirm that an Offeror is a qualified BOA holder by checking the effective date of an Offerors BOA. Due to the complexity and the wide range of capabilities required by this Task Order, Joint Ventures (JVs) may be utilized; however, a JV offeror must be an approved BOA holder from Step Two in order to propose as a Prime on this Task Order solicitation, and the JV must comply with the applicable requirements of Title 13 of the Code of Federal Regulations (CFR) (see Parts 121.103(h), 124.513, 125.15, 126.616, and 127.506).

(d) In Step Two (i.e. BOA process), BOA holders were required to demonstrate the capability to perform all three functional areas; that technical capability may have been achieved with or without subcontractors. For this Task Order (Step Three), Offerors are not required to propose those same subcontractors that were used to establish technical capability in Step Two; however, the Offeror must propose itself and any subcontractors that are necessary for it to be able to meet the evaluation criteria and successfully perform the requirements of this Task Order.

(e) The contractor shall adhere to the prices proposed and agreed to in this resultant task order issued against its BOA. The contractor is not authorized to begin work on an order issued against the BOA until prices have been established. In the event that the

Contracting Officer requires work to begin prior to establishment of pricing, failure to reach agreement on price may be disputed under the Disputes clause.

(f) The following sections submitted by the Offeror with its BOA proposal will be carried forward and incorporated by reference into this Step Three EAGLE Task Order contract:

BOA RFP L.5.1.5 Property Management Plan

BOA RFP L.5.2.1(c) Resource / Task Order Management

BOA RFP L.5.2.1(d) Flexible Staffing Approach

BOA RFP L.5.2.1(e) Transition-in Approach

BOA RFP L.5.2.3(b)(3) Identification of an onsite independent quality control

(g) Failure to comply with any term of the Task Order, to include meeting small business subcontracting goals, may result in negative past performance that could negatively impact the BOA holder's ability to be successful in future Task Order competitions.

(h) The Contractor may be required to enter into an Associate Contractor Agreement (ACA) with another contractor as part of this task order performance.

(i) Responsibility determinations will be made at Step Three. An otherwise successful Offeror may not be eligible for award if it cannot be determined responsible for any of the reasons in FAR 9.104, including capacity.

(j) RESERVED

(k) Size Standards. SBA's size eligibility standards are found in Title 13 of the Code of Federal Regulations (CFR) Part 121 (13 CFR

Part 121). In order to ensure that an Offeror qualifies as an eligible small business, prospective Offerors are encouraged to review

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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 six (6) months. 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) 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.

(m) ORGANIZATIONAL CONFLICT OF INTEREST

The EAGLE contractor grants authority for Government officials to release necessary proprietary information to the ASC support contractor (currently 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 MANAGEMENT

(a) Performance Management Review (PMR) - All tasks under this contract will be subject to periodic (not less than quarterly) PMRs. The

Contractor will receive briefings on the PMR slide deck and be allowed the opportunity to submit a response. Contract Deficiency Reports

(CDRs) and/or Corrective Action Request (CARs) will be reviewed during the PMR, if the Government deems them material. The Contractor's portion of the PMR presentation will consist of participating in conversations regarding work accomplished, evaluation of work against applicable program metrics (to include schedule), cost savings, lessons learned, forecasted staffing requirements based on anticipated workload, self-evaluations/inspection results, corrective actions, funding levels/contractor performance report (financial), and contractor-employee utilization rates.

i. Prior to the PMR the contractor will complete the following information on the slide deck (attachment XXX) and submit to the

AFSB.

- Slides 5-9 (as applicable): The contractor will complete the Contractor Self-Assessment portion of the slide and also rate themselves using the ratings of Green-Meeting Expectations or Red-Not Meeting Expectations.

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- Slide 10: Contractor will fill out accidents/incidents/areas of concerns along with any comments for challenges, best practices and way ahead. Contractor will also report close calls to document lessons learned.

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

PCO issued CDR - DA Form 5479. Local deficiency reporting consists of: verbal notification and CARs. 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. 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. CARs and CDRs are indicators of performance and will be used to substantiate the Government's Contractor

Performance Assessment Reporting System (CPARS) input. Performance deficiencies may include any government-identified noncompliance with contract requirements; an activity or action did not take place, or did not take place to the standards of timeliness or quality required. Note, that while the contractor will be given the opportunity for re-performance when possible, significant deficiencies will nevertheless be documented. Use of this escalating deficiency reporting procedure does not, in any way, limit the Government's ability to take corrective action up to and including termination.

(c) Contractor's Fixed Fee will be assessed for validated negative PMRs, unresolved 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% of the monthly fixed fee in which the critical nonconformance occurred. PCO determination will address the exact fee decrement based on severity, impact to the effort, contractor willingness to resolve and any other factors as deemed relevant by the PCO.

Unresolved CDRs - Contractor's fee will be assessed not less than 5% of the daily fixed fee starting with first day of delinquency in resolution. Fee reduction percentages are assigned as follows; however, the PCO has the discretion to apply whatever percentage it deems reasonable based on severity, impact to the effort, contractor willingness to resolve and any other factors as deemed relevant by the PCO:

Percentage of Fee:

Critical: 10% and above (monthly)

Major: 7-10% (daily)

Minor: 5-7% (daily)

The Contractor will be given the opportunity to comment and respond to issued 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 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 Fort Huachuca, AZ. 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

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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: TBD

INDIRECT RATE(s): TBD

PRIME: KTR NAME TBD

KTR NAME proposal dated TBD 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:

TBD% 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 TBD 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:

TBD% 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%,

(b) Fee Rates: Contractor name proposal dated TBD included a fee rate(s) of TBD% which is hereby capped as proposed for the life of this task order in accordance with M.5.3.3(b) of the Solicitation.

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

(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 Fort Huachuca, AZ, 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:

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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 J - LIST OF ATTACHMENTS

List of Number List of Number

Addenda Title Date of Pages Transmitted By Addenda Title Date of Pages Transmitted By________________ ____________________________________________________________ _______________ ____________ _______________________________ ____________________________________________________________ _______________ ____________ _______________

Exhibit A FHAZ TECHNICAL DATA PORTFOLIO 31-OCT-2019

Attachment 0002 STAFFING/LABOR MIX 31-OCT-2019

Attachment 0005 COST/PRICE MATRIX (INCLUDING TEAMING MATRIX) 29-OCT-2019

Attachment 0016 CBA TO SCA CROSSWALK 29-OCT-2019

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