W52P1J20R0050 - Draft.pdf

DRAFT

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-20-R-0050 X

DOA6

SEE SCHEDULE

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

BENJAMIN L. GERINGER

(309)782-1784

CCRI-VG

BENJAMIN.L.GERINGER.CIV@MAIL.MIL

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X 5 X 6

X 12 X 13

X 14

X 17

X 18

X 44

X 45

X 53

X 73

CONTINUATION SHEET

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SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: BENJAMIN L. GERINGER

Buyer Office Symbol/Telephone Number: CCRI-VG/(309)782-1784

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 IS A DRAFT REQUEST FOR PROPOSAL (RFP).

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 Fort Riley, KS has a requirement for logistics support services, including maintenance, supply, and transportation support.

A.2 This is a DRAFT RFP and supporting documentation for the Fort Riley, KS requirement. Please note that the terms and conditions that will be contained in the final official RFP will prevail over any terms and conditions in this DRAFT RFP or in any Government responses to question on these DRAFT documents.

All questions on the DRAFT RFP, Performance Work Statement (PWS), attachments and exhibits for the Fort Riley, KS requirement should be submitted using the Microsoft Excel template provided as Attachment 0018 through the EAGLE mailbox usarmy.RIA.acc.mbx.eagle@mail.mil

SUBJECT: Fort Riley, KS W52P1J-R-20-0050 DRAFT RFP Questions. Questions should be submitted in the format provided in Attachment 0018 -

Question & Answer (Q&A) Template. Questions are due by COB [INSERT DATE]. For each row, the Offeror must provide: Point of Contact

(POC) Name; Offeror Name; Reference RFP document; paragraph number; page number; and applicable question. The Offeror shall submit a new Attachment 0018 with each submission of questions. The Government will not answer any questions or comments that are not in compliance with this format.

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.

The SBA Servicing District Office will confirm the eligibility of the apparent successful Offeror to receive the contract award.

This RFP will result in a Firm Fixed Price (FFP) and Cost Plus Fixed Fee (CPFF) with some non-fee bearing cost elements (e.g., Other

Direct Costs which are ancillary to the services) Requirements task order with 1, 12-month base period, to include a 30 day transition-in period, 4, 1-year options, and 1, 6-month option period in accordance with (IAW) Federal Aquisition Regulation (FAR) 52.217-8 for a total of 5 years and 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 1826 Days after NTP is identified below:

CLIN SERVICE PERIOD OF PERFORMANCE:

Base Year (includes 30 day Transition-In): CLINs 0001 - 0008, NTP - 366 days after NTP

Option Year 1: CLINs 1001 - 1008, 367 days after NTP - 731 days after NTP

Option Year 2: CLINs 2001 - 2008, 732 days after NTP - 1096 days after NTP

Option Year 3: CLINs 3001 - 3008, 1097 days after NTP - 1461 days after NTP

Option Year 4: CLINs 4001 - 4008, 1462 days after NTP - 1827 days after NTP

Option Period IAW FAR 52.217-8: CLINs 5001- 5008, 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 30 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 30 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.

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A.6 The Offeror's proposal shall be valid for 180 days from the closing date of the RFP.

A.7 The incumbent contactor is Marton Technologies, Inc., under contract W52P1J-14-G-0021 Task Order 0001.

A.8 FAR 52.219-14 Limitations on Subcontracting (JAN 2017): Offerors are put on notice that they are required to follow the requirements of FAR 52.219-14 Limitations on Subcontracting as currently written. Until such time as the FAR is updated to reflect any regulation changes prescribed by Section 1651 of the National Defense Authorizations Act of FY 2013, Offerors must comply with the current FAR

Clause as written.

A.9 Government Furnished Facilities and Equipment are identified in Exhibit A in Section J of this RFP and identified in the 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.

A.11 The Government intends to conduct a Post Award 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), Sharla Rath or

Contract Specialist, Ben Geringer, 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 beta.SAM.GOV at https://www.beta.sam.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 Proposals shall be submitted electronically to benjamin.l.geringer.civ@usa.army.mil and sharla.m.rath.civ@mail.mil. Due to file size restrictions, Proposals may be submitted through Department of Defense (DOD) Secure Access File Exchange (SAFE), http://safe.apps.mil/ . Non-CAC users will have to request a drop-off request from the Contract Specialist or Contracting Officer.

Please visit the website for more details and instructions for its use. Cloud Services and third party drop boxes are not acceptable for proposal submission.

Emailed proposals shall state the following in the subject line: Proposal for solicitation number (W52P1J-20-R-0050) - Add company name.

It is highly recommended that the Offeror request a Return Receipt or other form of acknowledgement to verify that the proposal submission was received prior to the closing of the RFP.

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 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 The Army Sustainment Command (ASC) may employ the services of a support contractor to assist in the management and oversight of ASC contracts. The contracted support provided by a support contractor is technical in nature, and in no way supplants the Governments exclusive responsibility for the decision making regarding contract management and oversight. The contract with ASCs support contractor prohibits the unauthorized use or disclosure of any of the information and data associated with ASC contracts in support of management and oversight responsibilities.

In the event ASC determines it will use a support contractor for management and oversight assistance, awardees shall work with the

Contracting Officer and support contractor to establish appropriate agreements and proper protections (see FAR 9.505-4(b)) allowing permission for the support contractor to have necessary access to information and data to assist ASC in its management and oversight for any associated contracts.

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

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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 Notice of Organizational Conflicts of Interest (OCI): ASCs support contractor, and any affiliates, subsidiaries, or subcontractors and any affiliates, subsidiaries, or subcontractors have OCIs, and 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 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.22 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.23 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.24 Not Applicable

A.25 If an Amendment is deemed necessary for this RFP, the Amendment notice will be posted electronically to beta.SAM.GOV (as stated in

A.13). Please be advised that when an Amendment is posted to beta.SAM.GOV, it will be listed on the bottom of the RFP notice.

A.26 SITE VISIT INFORMATION

The Government does NOT intend to conduct a physical or a live virtual site visit. Information regarding the Draft RFP, mission overview, PWS requirements and workload data, and pictures and maps of the worksite at Fort Riley, KS have been compiled into briefing charts and will be available electronically via the Contract Opportunities function within the beta.sam.gov website as described in

Section C of this Draft RFP. Only current BOA holders are permitted to receive this information.

*** END OF NARRATIVE A0001 ***

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SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

9999 SERVICE LINE ITEM _________________

OFFERORS SHALL SUBMIT PRICING USING ATTACHMENT 0005 -

COST/PRICE MATRIX

BILLING INSTRUCTIONS FOR CLINS 0001-0007: 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 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 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.

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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 small 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 fifty percent (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) 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.

Prior to the PMR the contractor will complete the following information on the slide deck (Exhibit B) 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.

-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 contract discrepancy report (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 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.

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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 CAR 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 Riley, KS. 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.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, 8 79

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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):

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.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 Ft. Riley, KS 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.

C.8 SITE VISIT INFORMATION

(a) Information regarding the Draft RFP, mission overview, PWS requirements and workload data, and pictures and maps of the worksite at

Fort Riley, KS will be obtained electronically via the Contract Opportunities within the beta.sam.gov website.

(b) Offerors must have a SAM.gov account prior to accessing this information. To register for an account, visit https://beta.sam.gov and select Sign In at the top-right of the beta.SAM.gov homepage. Select Accept to accept the U.S. Government Systems terms to sign into the website and then select the Create an account link located under the Sign In button. Proceed with the remaining instructions

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to create your user account.

The toll free Federal Service Desk phone number is (866) 606-8220 and for international (334) 206-7828. Vendors are responsible for entering correct information in SAM.gov.

(c) The information for this solicitation will be accessible via Contract Opportunities within the beta.sam.gov website (as described below) from the date of issue through the time specified in the solicitation for receipt of offers.

(d) ACCESS TO SITE VISIT INFORMATION

Site visit information for this solicitation are unrestricted and can be accessed electronically via the Contract Opportunities website.

You must have a login.gov and corresponding beta.sam.gov account prior to accessing the site visit information.

1. To access the site visit information, visit https://beta.sam.gov and locate the Search bar at the top of the homepage. Select the drop-down menu to the left of the Search bar, select Contract Opportunities from the list, type the Notice/Solicitation Number in the

Search bar, and click on Search. Select the desired Notice/Solicitation Number blue title link out of the opportunities search results in order to open the notice. Select Attachments/Links on the left-hand column under Contract Opportunity and select the document you want to open. If there are multiple documents you want to open, you may use the "Download All" button at the top of the section. Note:

You will have to be logged in before being allowed to view any documents.

2. Attachments (0001 through 0018) and Exhibits (A and B) were provided via Department of Defense Safe Site.

(e) ACCESS FOR RESTRICTED SITE VISIT INFORMATION (EXPORT CONTROL)

Site Visit information and any other related documents, if applicable, for this type of Solicitation will be restricted and will be labeled as Controlled Documents within the Contract Opportunities website.

Site Visit information that has been marked as Export Control will require Government approval prior to gaining access to the requested information.

1. The requestor MUST BE the Data Custodian listed on the DD 2345 in section (3) for the CAGE listed in section 2D. Completion of a Use and Non-Disclosure Agreement form may also be required prior to gaining access to the Site Visit Information.

Only authorized Data Custodians who possess a valid DD 2345 (Militarily Critical Technical Data Agreement) on file with the Joint

Certification Program (JCP) will be granted access to any Controlled Documents. If you do not have an approved DD 2345 on file with JCP, then you will not be able to access the Documents. To obtain certification, go to:

https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/DD2345Instructions/ and https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/SpecificDD2345Instructions.aspx

Follow the instructions listed there to proceed.

Processing time is estimated at a minimum of 5 business days after JCP receipt. Please note: JCP is only accepting email submissions from now on.

2. Controlled Documents can be accessed following the same process in step (d), except the document will be labeled as "Controlled" under the "Access" column and will be identified by a lock icon located next to it. Data Custodians will click the blue document title link to request access to the document and upon receipt of the pop-up window will need to enter the reason for requesting access. After clicking

Submit, you will get a notice that your submission has been successful and the access status on the document will change to "Pending."

This status will remain until your request is approved or rejected by a Government Official. Please allow 1 to 3 business days to process your request.

3. Once your request has been acted upon, you will receive a system generated email from beta.SAM.gov to let you know there is an update. Click on the link in the email to sign into beta.SAM and view the outcome of your request. If approved, you will now be able to access the document by clicking on the blue document title link under the Attachments/Links section on the desired opportunity page

(the same process in step (d)). If rejected, the reason for rejection will be provided in the "Response" field. Once rejected for access, you will see the status update if you re-visit the opportunity's page. It will remain rejected until/unless you follow the instructions provided in the Rejection Response.

4. If multiple individuals in your company need access to the Controlled Documents for Solicitation/Notice, they must be obtained from your company Data Custodian listed on the DD 2345 section 3.

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5. Site Visit informational documents that have an Export Control Warning Notice are subject to the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et. seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401 et. seq.

6. Further dissemination of Controlled Documents (Restricted Site Visit informational documents) must be in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the Site Visit informational documents to all SUBCONTRACTORS at every level.

7. Upon completion of the purposes for which the Restricted Technical Data has been provided, the Contractor is REQUIRED to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed by the Data Custodian to other Contractors/Subcontractors. Destruction of this technical data shall be accomplished by: shredding, pulping, burning or melting any physical copies of the Site Visit informational documents and/or deletion or removal of downloaded Site Visit informational documents files from computer drives and electronic devices, and any copies of those files.

(f) Questions related to registration in Contract Opportunities should be directed to the Federal Service Desk:

https://www.fsd.gov/fsdgov/home.do . The FSD Help desk phone number is (866) 606-8820. Vendors are responsible for entering correct information in beta.sam.gov.

*** 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 Fort Riley, KS 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:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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 52.246-11 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:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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 (DFARS) 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this

Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the

WAWF home page at https://wawf.eb.mil/ .

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer

Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items--

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Use 2 in 1 (service only) 2 in 1 for Firm Fixed…