Attachment 0011 - PWS 11 - Contract Start-Up.pdf

Attachment 0011 November 19, 2021

PWS 11: CONTRACT START-UP (INDIRECT)

1. GENERAL:

1.1. Unless otherwise negotiated with the incumbent and contractually executed by the Government, the terms and conditions of this PWS do not contractually relieve the HSAAP incumbent of responsibility under its operating contracts in any way prior to 2400 EST on December 31, 2023, at such time when the successful awardee shall assume full operational control and contractual liability of HSAAP.

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

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

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

2. CONTRACT START-UP:

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

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

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

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

Specify a personnel training program and a date for transferring responsibilities for each division of work described in the plan.

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

Plan describing the purchase, custody, and storage of long lead time materials and other supplies.

Hiring plan addressing how personnel and personnel records will be approached, as permitted by law and regulation, to establish the workforce required to perform this contract.

Access to operations and any escorts that will be required.

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

Address methods to clearly identify Incumbent versus Successor materials and property as well as storage requirements.

Process to respond to safety, operations, maintenance, and environmental compliance.

Describe knowledge transfer requirements from Incumbent for engineering staff, production support personnel, and operators to include, but not be limited to, the following:

SOP’s

TDP/engineering standards

Historical operating data

Historical work orders

Training plan development

Control system logic

On-site production line training

Safety reviews

Maintenance (Preventative and Corrective)

Environmental conditions, compliance, and permitting.

Analytical Lab Procedures for product and process sample testing

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

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

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

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

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