Rev 01 GTS RFP_Conformed Copy.docx
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- Attached to
- Gunnery Training Systems: Solicitation
- Solicitation number
- W900KK-21-R-0055
About this file
This is a request for proposal for gunnery training systems. The U.S. Army is seeking to implement tech refresh upgrades, current system production, concurrency upgrades, and Risk Management Framework recertification for multiple gunnery trainer programs, including Abrams, Bradley, Stryker, and LAV-25. The anticipated award date is the first quarter of fiscal year 2022. Questions are due by February 12, 2021, with answers provided via amendment. To receive government-furnished information, potential offerors must be vetted by the Program Executive Office for Simulation, Training, and Instrumentation Security Office and sign certifications regarding foreign ownership. This justification and approval document approves the use of other than full and open competition for this solicitation.
The summary focuses on the required products and services, response dates, award dates, federal agencies involved, and information relevant to responding to the solicitation. It excludes unnecessary legal language, clauses, references, or non-essential details.
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W900KK21R0055
Section B - Supplies or Services and Prices
SOLICITATION INFORMATION.
This solicitation will result in a single-source Indefinite-Delivery/Indefinite-Quantity (ID/IQ) type contract with an ordering period of five years. It will become the basic Gunnery Training Systems (GTS) contract to implement tech refresh upgrades, current system production, concurrency upgrade and Risk Management Framework (RMF) recertification requirements for multiple gunnery trainer programs for both the U.S. Army and U.S. Marine Corps (USMC), as set forth in the basic ID/IQ Statement of Work (SOW), Attachment 01.
The Government intends to award up to four Delivery Orders concurrently with the basic GTS ID/IQ contract. The Delivery Order requirements are outlined within solicitation attachments 10-30.
The ID/IQ contract not-to-exceed ceiling amount is $104,512,000. The cumulative total of all Delivery Orders awarded as a result of solicitation W900KK-21-R-0055 will not exceed $104,512,000 over the life of the ID/IQ contract.
The Contract Line Item Numbers (CLINs) listed below have been established as Firm-Fixed-Price (FFP) for the sole purpose of facilitating administration of the ID/IQ contract within the Government’s Procurement Desktop Defense System (PD2) software.
The Delivery Orders issued against the ID/IQ contract will be reviewed by the Procuring Contracting Officer to determine the applicable contract type to meet each requirement. It is anticipated Delivery Orders will be awarded on a predominately FFP basis, but Cost-Plus-Fixed-Fee (CPFF), and/or Cost Delivery Orders may be issued under the resulting ID/IQ contract.
THE PRICING SUBMITTED BY OFFERORS WITHIN THE SOLICITATION ATTACHMENT 05 - PROPOSED PRICES SPREADSHEET WILL BE USED TO ESTABLISH CLIN PRICING FOR SUBSEQUENT DELIVERY ORDERS. COST AND COST-PLUS-FIXED-FEE CLINS WILL BE INCORPORATED AS NOT-TO-EXCEED VALUES.
B.1. DELIVERY ORDER TYPES
(a) Firm Fixed Price (FFP) or Cost Plus Fixed Fee (CPFF) delivery orders may be issued under this contract. The determination regarding which type of delivery order to be awarded shall be at the discretion of the Contracting Officer.
(b) FFP delivery orders may be issued when the scope of effort is sufficiently defined to allow technical and cost risks to be predicted with reasonable certainty. Under this contract type, the Contractor shall be required to submit a firm fixed price proposal for accomplishing the total effort inclusive of all labor, material and travel costs, as appropriate. The contractor shall be required to deliver the specified product within the specified time and FFP amount.
(c) CPFF delivery orders may be issued when the scope of the effort is sufficient to establish an estimate of total cost for the purpose of obligating funds and establishing a ceiling that may not be exceeded without prior approval of the Procuring Contracting Officer. Under this contract type, the individual delivery orders define the scope of work by stating a definite goal or target and a specified end product in which the contractor shall be required to complete and deliver the specified end product within the estimated costs as a condition for payment of the entire fixed fee. The Contractor shall be required to submit specific milestones for the work defined in each individual delivery/task order on an estimated Not-To-Exceed price based on direct labor hours, G&A, overhead, and negotiated fixed fee in order to establish the Total Cost and Fixed Fee price of the order.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Gunnery Training Systems (GTS)
FFP
The Contractor shall perform in accordance with Section J, Attachment 1 - Statement of Work, and as further specified in individual Delivery Orders issued under this ID/IQ contract. The Delivery Orders may be issued on a FFP, CPFF, or Cost-reimbursable basis; or combination of FFP, CPFF, and Cost-reimbursable Delivery Orders. All Delivery Orders will be placed within five years from the ID/IQ contract award.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination COLOR: None
PSC CD: 6920
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Contract Data Requirements List (CDRLs)
The Contractor shall develop the data deliverables in accordance with respective Delivery Order SOW, Data Item Description and Exhibits (Contract Requirements List - DD Form 1423s) at Section J, Exhibits A-C.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
RESERVED
Reserved for administrative use at contract award.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
RESERVED
Reserved for administrative use at contract award.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
1,000
RESERVED
CPFF
Reserved for administrative use at contract award.
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
1,000
RESERVED
COST
Reserved for administrative use at contract award.
ESTIMATED COST
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
| 1.00 |
| $4,000,000.00 |
$104,512,000.00
Section C - Descriptions and Specifications
C.1. STATEMENT OF WORK
The Contractor shall perform the work, as identified in Section B, in accordance with the Gunnery Training Systems (GTS) basic ID/IQ contract Statement of Work (SOW) number SOW-2019-0020, Section J, Attachment 01. Individual Delivery Orders will define the detailed requirements in each respective Delivery Order SOW, as derived from the basic ID/IQ contract SOW.
C.2. AUTHORIZED CHANGES ONLY BY CONTRACTING OFFICER
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change to the cost, schedule or performance, or any other established term, of this contract
(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:
Daniel L. Veenstra, Contracting Officer U.S. Army Contracting Command-Orlando Alpha Division, CCOR-CDD-A 12211 Science Drive, Orlando, FL 32826-3224 407-208-3308 / daniel.l.veenstra.civ@mail.mil
C.3. SECURITY CLASSIFICATION
(a) The work contracted for is related to and is connected with the National Defense. No information relating to the work shall be communicated, transmitted, or disclosed to any person not entitled to receive it. It is anticipated that some of the assigned work will be of a classified nature. Accordingly, it will be necessary for some personnel assigned to work under this contract to have a security clearance of at least SECRET at the ID/IQ contract level.
(b) Although the requirement for a clearance above SECRET is not required for the basic contract award, there may be efforts at the delivery order level that will require a clearance above the SECRET level. Access to information at the delivery order level beyond that which is authorized in the DD Form 254 applicable to this ID/IQ contract will result in a separate, delivery order specific DD Form 254 to be issued by the Government. Additionally, the contractor shall be guided by and safeguard all classified information either generated by or received under the contract in accordance with the DD Form 254, Contract Security Classification Specification, provided as Attachment 2 in Section J.
C.4. LIABILITY INSURANCE
The following types of insurance are required in accordance with the Clause entitled, FAR 52.228-5, “Insurance--Work on a Government Installation” and 52.228-7, “Insurance--Liability to Third Persons” and shall be maintained in the minimum amounts shown:
(a) Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury.
(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $500,000 per accident for property damage.
(c) Standard Workman’s Compensation and Employer’s Liability Insurance (or, where maritime employment is involved, Longshoremen’s and Harbor Worker’s Compensation Insurance) in the minimum amount of $100,000.
(d) Aircraft public and passenger liability: $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability; $200,000 per occurrence for property damage. Passenger bodily injury liability limits of $200,000 per passenger, multiplied by the number of seats or number of passengers, whichever is greater.
C.5. ORGANIZATIONAL CONFLICTS OF INTEREST
(a) Purpose. This information seeks to ensure that the contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) that relate to the work under this contract.
(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor (as defined in paragraph (d)(7)) in the activities covered by this instruction.
| (1) The restrictions set forth in paragraph (e) apply to supplies, services, and other performance rendered with respect to the suppliers and/or equipment listed in the Basic ID/IQ Statement of Work and each subsequent individual delivery order placed against the Basic SOW will specify to which suppliers and/or equipment subparagraph (f) restrictions apply. |
| (2) The financial, contractual, organizational and other interests of contractor personnel performing work under this contract shall be deemed to be the interests of the contractor for the purposes of determining the existence of an Organizational Conflict of Interest. Any subcontractor that performs any work relative to this contract shall be subject to this information. The contractor agrees to place in each subcontract affected by these instructions the necessary language contained within. |
(c) Waiver. Any request for waiver of this instruction shall be submitted in writing to the Procuring Contracting Officer. The request for waiver shall set forth all relevant factors including proposed contractual safeguards or job procedures to mitigate conflicting roles that might produce an Organizational Conflict of Interest. No waiver shall be granted by the Government with respect to prohibitions pursuant to access to proprietary data.
(d) Definitions. For purposes of application, the following definitions are applicable:
| (1) “System” includes system, major component, subassembly or subsystem, project, or item. |
| (2) “Non-developmental items” as defined in FAR 2.101. |
| (3) “Systems Engineering” (SE) includes, but is not limited to, the activities in FAR 9.505-1(b). |
| (4) “Technical direction” (TD) includes, but is not limited to, the activities in FAR 9.505-1(b). |
| (5) “Advisory and Assistance Services” (AAS) are those services acquired from non-governmental sources to support or improve agency policy development or decision making; or, to support or improve the management of organizations or the operation of hardware systems. Such services may encompass consulting activities, engineering and technical services, management support services and studies, analyses and evaluations. |
| (6) “Consultant services” as defined in FAR 31.205-33(a). |
| (7) “Contractor”, for the purposes of this information, means the firm signing this contract, its subsidiaries and affiliates, joint ventures involving the firm, any entity with which the firm may hereafter merge or affiliate, and any other successor or assignee of the firm. |
| (8) “Affiliates,” means officers or employees of the prime contractor and first tier subcontractors involved in the program and technical decision-making process concerning this contract. |
| (9) “Interest” means organizational or financial interest. |
| (10) “Weapons system supplier” means any prime contractor or first tier subcontractor engaged in, or having a known prospective interest in the development, production or analysis of any of the weapon systems, as well as any major component or subassembly of such system. |
(e) Contracting restrictions.
[ ] (1) To the extent the contractor provides systems engineering and/or technical direction for a system or commodity but does not have overall contractual responsibility for the development, the integration, assembly and checkout (IAC) or the production of the system, the contractor shall not (i) be awarded a contract to supply the system or any of its major components or (ii) be a subcontractor or consultant to a supplier of the system or of its major components. The contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and/or technical direction or other services performed under this contract for a period of two years[Insert the period of prohibition] after the date of completion of the contract. (FAR 9.505-1(a)) [ ] (2) To the extent the contractor prepares and furnishes complete specifications covering non-developmental items to be used in a competitive acquisition, the contractor shall not be allowed to furnish these items either as a prime contractor or subcontractor. This rule applies to the initial production contract, for such items plus a specified time period or event. The contractor agrees to prepare complete specifications covering non-developmental items to be used in competitive acquisitions, and the contractor agrees not to be a supplier to the Department of Defense, subcontract supplier, or a consultant to a supplier of any system or subsystem for which complete specifications were prepared hereunder. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of these systems of their subsystems extends for a period of [Insert the period of prohibition] after the terms of this contract. (FAR 9.505-2(a)(1)) [ ] (3) To the extent the contractor prepares or assists in preparing a statement of work to be used in competitively acquiring a system or services or provides material leading directly, predictably and without delay to such a work statement, the contractor may not supply the system, major components thereof or the services unless-
(i) It is the sole source;
(ii) It has participated in the development and design work; or
(iii) More than one contractor has been involved in preparation of the work statement.
The contractor agrees to prepare, support the preparation of or provide material leading directly, predictably and without delay to a work statement to be used in competitive acquisitions, and the contractor agrees not to be a supplier or consultant to a supplier of any services, systems or subsystems for which the contractor participated in preparing the work statement. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of any services, systems or subsystems extends for a period of [Insert the period of prohibition] after the terms of this contract. (FAR 9.505-2(a)(1)) [ ] (4) To the extent work to be performed under this contract requires evaluation of offers for products or services, a contract will not be awarded to a contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government’s interests. Contractor agrees to the terms and conditions set forth in the Statement of Work that are established to ensure objectivity to protect the Government’s interests. (FAR 9.505-3) [ X ] (5) To the extent work to be performed under this contract requires access to proprietary data of other companies, the contractor must enter into agreements with such other companies which set forth procedures deemed adequate by those companies (i) to protect such data from unauthorized use or disclosure so long as it remains proprietary and (ii) to refrain from using the information for any other purpose other than that for which it was furnished. Evidence of such agreement(s) must be made available to the Procuring Contracting Officer upon request. The contractor shall restrict access to proprietary information to the minimum number of employees necessary for performance of this contract. Further, the contractor agrees that it will not utilize proprietary data obtained from such other companies in preparing proposals (solicited or unsolicited) to perform additional services or studies for the United States Government. The contractor agrees to execute agreements with companies furnishing proprietary data in connection with work performed under this contract, obligating the contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietary, and to furnish copies of such agreement to the Contracting Officer. Contractor further agrees that such proprietary data shall not be used in performing for the Department of Defense additional work in the same field as work performed under this contract if such additional work is procured competitively. (FAR 9.505-4(b)) [ ] (6) Preparation of Statements of Work or Specifications. If the contractor under this contract assists substantially in the preparation of a statement of work or specifications, the contractor shall be ineligible to perform or participate in any capacity in any contractual effort (solicited or unsolicited) that is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restrictions in this subparagraph shall not apply. Contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem or major component utilized for or in connection with any item or work statement prepared or other services performed or materials delivered under this contract, and is procured on a competitive basis, by the Department of Defense with [Insert the period of prohibition] after completion of work under this contract. This instruction shall not apply to any system, subsystem, or major component for which the contractor is the sole source of supply or which it participated in designing or developing. (FAR 9.505-4(b)) [ ] (7) Advisory and Assistance Services (AAS). If the contractor provides AAS services as defined in paragraph (d) of this instruction, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts. Furthermore, unless so directed in writing by the Contracting Officer, the contractor shall not perform any such work under this contract on any of its products or services, or the products or services of another firm for which the contractor performs similar work. Nothing in this subparagraph shall preclude the contractor from competing for follow-on contracts for AAS.
(f) Remedies. In the event the contractor fails to comply with this instruction, such noncompliance shall be deemed a material breach of the contract. If such noncompliance is the result of conflicting financial interest involving contractor personnel performing work under this contract, the Government may require the contractor to remove such personnel from performance of work under this contract. Further, the Government may elect to exercise its right to terminate for default in the event of such noncompliance. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this contract, or statute or regulation.
(g) Disclosure of Potential Conflicts of Interest. The contractor recognizes that during the term of this contract, conditions may change which may give rise to the appearance of a new conflict of interest. In such an event, the contractor shall disclose to the Government information concerning the new conflict of interest. The contractor shall provide, as a minimum, the following information:
| (1) A description of the new conflict of interest (e.g., additional weapons systems supplier(s), corporate restructuring, new first-tier subcontractor(s), new contract) and identity of parties involved; |
| (2) A description of the work to be performed; |
| (3) The dollar amount; |
| (4) The period of performance; and |
| (5) A description of the contractor’s internal controls and planned actions, to avoid any potential organizational conflict of interest. |
C.6. GOVERNMENT INSTALLATION WORK SCHEDULE
(a) The Holidays applicable to this contract are: New Year’s Day, Martin Luther King’s Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.
(b) In the event that the contractor is prevented from performance as the result of an Executive Order or an administrative leave determination that applies to the using activity, such time may be charged to the contract as a direct cost provided such charges are consistent with the contractor’s accounting practices. In the event that any of the above holidays occur on a Saturday or Sunday, then such holiday shall be observed as they are by the assigned Government employees at the using activity.
C.7. GOVERNMENT FURNISHED INFORMATION
(a) Software and intellectual property are forms of Government Furnished Information (GFI) that are not considered Government Property or Government Furnished Equipment as described in FAR 52.245-1. To the extent GFI has been described as Government Furnished Equipment or Property in other communications related to this procurement, any such Government Furnished Equipment references were in error and do not govern the parties to this contract.
(b) To the extent that GFI, including software and intellectual property, is provided, the Government furnishes that GFI in an “as-is” condition. The Government makes no warranty with respect to the serviceability and/or suitability of the GFI for contract performance. Any repairs, replacement, modifications, refurbishment, software patches shall be at the Contractor’s expense
Section D - Packaging and Marking
D.1. PRESERVATION, PACKAGING, PACKING AND MARKING
(a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract.
(b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or consigned information will be provided with each individual Delivery Order.
(c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the Contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth.
(d) If the Contractor is required to install equipment upon delivery, then the Contractor shall inform the Government of the date of shipment from the Contractor’s facilities and the anticipated date of arrival at the site. This notification shall be made no later than the actual date that the shipment is made from the Contractor’s facilities. The notification may be made by e-mail to the Contracting Officer. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the Contractor.
Section E - Inspection and Acceptance
E.1. INSPECTION AND ACCEPTANCE TERMS
The inspection/acceptance information will be provided on each individual Delivery Order.
E.2. INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION
Inspection and acceptance of technical data and information will be performed by an authorized requiring activity representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be performed by the requiring activity representative and evidenced via execution of an electronic Receiving Report submitted by the Contractor in the Wide Area Work Flow (WAWF) application within the Procurement Integrated Enterprise Environment (PIEE) e-Business suite.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| N/A |
| Government |
| N/A |
| Government |
| 0002 |
| N/A |
| Government |
| N/A |
| Government |
| 0003 |
| N/A |
| Government |
| N/A |
| Government |
| 0004 |
| N/A |
| N/A |
| N/A |
| Government |
| 0005 |
| N/A |
| N/A |
| N/A |
| Government |
| 0006 |
| N/A |
| N/A |
| N/A |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-3 |
| Inspection Of Supplies Cost-Reimbursement |
| MAY 2001 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 52.246-5 |
| Inspection Of Services Cost-Reimbursement |
| APR 1984 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
Section F - Deliveries or Performance
F.1. TIME OF DELIVERY
The resultant GTS ID/IQ contract will have a five-year ordering period, with final deliveries required no later than two years beyond the end of the ordering period. The delivery dates will be established for each Delivery Order that are realistic and meet the requirements of the specific acquisition.
The required delivery for the initial planned delivery order requirements are outlined within Section J, Attachments 12, 17, 21, and 25.
F.2. DELIVERY OF TECHNICAL DATA AND INFORMATION
Technical Data and Information shall be delivered in accordance with the respective Delivery Order requirements and the requirements of the corresponding Contract Data Requirements List, DD Form 1423, Section J Exhibits A-C, and the following:
(a) As required at the Delivery Order level, the Contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below. Additionally, the technical data shall be delivered to the following:
(1) Contracting Officer: Daniel L. Veenstra, ACC-ORL, daniel.l.veenstra.civ@mail.mil
(2) Contract Specialist: Nicholas J. Mueller, ACC-ORL, nicholas.j.mueller7.civ@mail.mil
(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the Contracting Officer.
(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.
(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the technical activity responsible for the data item per Block 6.
(e) The Contracting Officer reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.
(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within 30 days after receipt of notice of rejection.
(g) DD Form 1423, Block 14 Mailing Addresses: Utilize email addresses identified under applicable DD1423 form.
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| 5 yrs. ADC |
| 1 |
| N/A |
| 0002 |
| 5 yrs. ADC |
| 1 |
| N/A |
| 0003 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0004 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0005 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0006 |
| N/A |
| N/A |
| N/A |
| N/A |
| 52.211-17 |
| Delivery of Excess Quantities |
| SEP 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-8 |
| Estimated Weights or Quantities Not Guaranteed |
| APR 1984 |
| 52.247-29 |
| F.O.B. Origin |
| FEB 2006 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.247-52 |
| Clearance and Documentation Requirements-Shipments to DOD Air or Water Terminal Transshipment Points |
| FEB 2006 |
| 52.247-55 |
| F.O.B. Point For Delivery Of Government-Furnished Property |
| JUN 2003 |
CLAUSES INCORPORATED BY FULL TEXT
52.211-8 TIME OF DELIVERY (JUN 1997)--ALTERNATE III (APR 1984)
(a) The Government requires delivery to be made NO LATER THAN THE SCHEDULES INCLUDES IN SECTION J ATTACHMENTS 12, 17, 21 25 AND ATTACHMENT 5 PROPOSED PRICES SPREADSHEET. REQUIRED DELIVERIES ARE EXPRESSED IN MONTHS AFTER CONTRACT AWARD OR MONTHS AFTER OPTION EXERCISE.
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified in the schedules referenced above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified in the schedules referenced above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule INCLUDES IN SECTION J ATTACHMENTS 12, 17, 21 25 AND ATTACHMENT 5 PROPOSED PRICES SPREADSHEET will apply.
OFFEROR'S PROPOSED DELIVERY SCHEDULE
WITHIN DAYS AFTER
DATE OF RECEIPT OF
ITEM NO. QUANTITY WRITTEN NOTICE OF AWARD
(End of clause)
Section G - Contract Administration Data
G.1. PAYMENT INSTRUCTIONS (See DFARS 204.7108, DFARS PGI 204.7108 DFARS/PGI view)
The table at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions may be applicable to delivery orders with incrementally funded line items.
G.2. REIMBURSEMENT OF TRAVEL, PER DIEM, AND SPECIAL MATERIAL COSTS (Applicable to cost-reimbursable CLINs)
(a) Area of Travel. Performance under this contract may require travel by contractor personnel. If travel, domestic or overseas, is required, the Contractor is responsible for making all necessary arrangements for its personnel. These include but are not limited to: medical examinations, immunizations, passports/visas/etc., and security clearances.
(b) Travel Policy. The Government will reimburse the Contractor for allowable travel costs incurred by the Contractor in performance of the contract in accordance with FAR Subpart 31.205-26. Travel required by tasks assigned under this contract shall be governed in accordance with: Federal Travel Regulations (FTR), prescribed by the General Services Administration, for travel in the contiguous United States; Joint Travel Regulation (JTR), Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, and other outlying areas of the United States; and Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered by FTR and JTR.
(c) Travel. Travel and subsistence are authorized for travel beyond a fifty-mile radius of the Contractor’s office whenever a task assignment requires work to be accomplished at a temporary alternate worksite. No travel or subsistence shall be charged for work performed within a fifty-mile radius of the Contractor’s office. The Contractor shall not be paid for travel or subsistence for Contractor personnel who reside in the metropolitan area in which the tasks are being performed. Travel performed for personal convenience, in conjunction with personal recreation, or daily travel to and from work at the Contractor’s facility will not be reimbursed.
(1) For travel costs other than described in paragraph (c) above, the Contractor shall be paid on the basis of actual amount paid to the extent that such travel is necessary for the performance of services under the contract and is authorized by the COR in writing.
(2) When transportation by privately owned conveyance is authorized, the Contractor shall be paid on a mileage basis not to exceed the applicable Government transportation rate as contained in the JTR or SR. Authorization for the use of privately owned conveyance shall be indicated in the basic contract. Distances traveled between points shall be shown on invoices as listed in standard highway mileage guides. Reimbursement will not exceed the mileage shown in the standard highway mileage guides.
(3) The Contractor agrees, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission as set forth in the basic. When it is necessary to use air or rail travel, the Contractor agrees to use coach, tourist class, or similar accommodations to the extent consistent with the successful and economical accomplishment of the mission for which the travel is being performed.
(4) The Contractor’s invoices shall include receipts or other evidence substantiating actual costs incurred for authorized travel. In no event will such payments exceed the rates of common carriers.
(d) Vehicle and/or Truck Rentals. The Contractor shall be reimbursed for actual rental/lease of special vehicles and/or trucks (i.e., of a type not normally used by the Contractor in the conduct of its business) only if authorized in the basic contract or upon approval by the COR. Reimbursement of such rental shall be made based on actual amounts paid by the Contractor. Use of rental/lease costs of vehicles and/or trucks that are of a type normally used by the Contractor in the conduct of its business are not subject to reimbursement.
(e) Car Rental. The Contractor shall be reimbursed for car rental, exclusive of mileage charges, as authorized in the basic contract or upon approval by the COR, when the services are required to be performed beyond the normal commuting distance from the Contractor’s facilities. Car rental for a team on TDY at one site will be allowed for a minimum of four (4) persons per car, provided that such number or greater comprise the TDY team.
(f) Per Diem. The Contractor shall not be paid for per diem for Contractor personnel who reside in the metropolitan areas in which the tasks are being performed. Per Diem shall not be paid on services performed within a fifty-mile radius of the Contractor’s home office or the Contractor’s local office. Per Diem is authorized for contractor personnel beyond a fifty-mile radius of the Contractor’s home or local offices whenever a task assigned
(g) Shipboard Stays. Whenever work assignments require temporary duty aboard a Government ship, the Contractor will be reimbursed in accordance with the Joint Travel Regulations, Paragraph C4558, Per Diem For Travel By Ship.
(h) Special Material. “Special material” includes only the costs of material, supplies, or services which is peculiar to the ordered data and which is not suitable for use in the course of the Contractor’s normal business. It shall be furnished pursuant to specific authorization approved by the COR. The Contractor will be required to support all material costs claimed by its costs less any applicable discounts. “Special materials” include, but are not limited to, graphic reproduction expenses, or technical illustrative or design requirements needing special processing.
G.3 OPTIONS/RANGE PRICING
The Government reserves the right to exercise Delivery Order options, in accordance with its requirements for Gunnery Training Systems (GTS) provided under the Delivery Order optional CLINs included in the Range Pricing tables within the Attachment 5 Proposed Prices Spreadsheet. The Government reserves the right to exercise none, part, or all of the options at any time during the respective Delivery Order’s period of performance. Any quantity not fully exercised under a Delivery Order Option CLIN/SLIN shall be available for exercise in any later Option CLIN/SLIN at the unit price applicable to that later CLIN/SLIN for the same Delivery Order. This carryover of unexercised options shall be cumulative; however, in no event will the Government exercise Delivery Order options beyond those available under the Delivery Order, except via a bilateral contract modification.
In the event the Government has a valid Delivery Order requirement for additional GTS supplies or services, accelerated option exercise will be utilized within the same Delivery Order. All accelerated options will be converted from the same Delivery Order’s out-year option CLIN/SLIN. All accelerated options will be exercised at the current year contract pricing via a bilateral contract modification.
If an order is placed within (offeror to propose) days [default shall be 90 days if offeror does not propose] of a previous order, the quantity of the current order shall be considered cumulative with the previous order quantity to determine the applicable quantity range for the purposes of range pricing. The latter order will be at the current year pricing.
G.4. SMALL BUSINESS PARTICIPATION
(a) Small Business Participation data shall be submitted on a semi-annual basis in accordance with the Small Business Participation Utilization Report requirement outlined within Contact Data Requirements List (CDRL) A0AL (Section J Exhibit A) and the awardee’s proposed Small Business Participation Commitment Document, listed in Section J Exhibit A. The Contractor shall report actual small business utilization achievements relative to proposed small business participation in performance of the contract (including subcontracting dollars/percentages relative to total contract value / total subcontracting). In addition, the report shall include the results of efforts to:
(1) Increase use of qualified small businesses through competition for acquisition of supplies or services, to enhance ability to meet performance specified in the contract.
(2) Engage small businesses, to increase capability and capacity, to serve as alternative sources, and to increase the quality of supplies or services to meet performance specified in the contract.
(3) If applicable, leverage Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) program funded technologies with high potential for transition to meet performance specified in the contract. If applicable, include the total number, and dollar amount of each, Phase III SBIR, or STTR contracts.
(b) Awardees proposed Small Business Participation Commitment Document will be incorporated into the resulting contract as a Section J attachment. The Small Business Participation calculations and data shall include contract amounts on all delivery orders placed against all CLINs. The Small Business Participation amounts and percentages shall be measured by comparing the total obligated amount on delivery orders to the total actual amount performed by Small Business concerns on those delivery orders. Failure to meet the overall Small Business Participation of _____(to be completed at contract award) in each 12-month performance period, beginning from contract award, will affect the assessment provided in the Contractor Performance Assessment Report System (CPARS) under Utilization of Small Business.
(c) If, at any time during contract performance, the Contracting Officer determines that Small Business participation levels are not being maintained at or above the goal, the Contractor will be required to submit a plan for reallocating resources in a manner that will ensure the goal will be met. The reallocation plan should be submitted no later than 15 days after notice from the Contracting Officer and implementation should begin within 20 days thereafter.
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 252.201-7000 |
| Contracting Officer's Representative |
| DEC 1991 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
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: “Information will be provided in the individual delivery orders”
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer: “Information will be provided in the individual delivery orders”
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* (Information will be provided in the individual delivery orders)
| Field Name in WAWF |
| Data to be entered in WAWF |
| Pay Official DoDAAC |
| ____ |
| Issue By DoDAAC |
| ____ |
| Admin DoDAAC** |
| ____ |
| Inspect By DoDAAC |
| ____ |
| Ship To Code |
| ____ |
| Ship From Code |
| ____ |
| Mark For Code |
| ____ |
| Service Approver (DoDAAC) |
| ____ |
| Service Acceptor (DoDAAC) |
| ____ |
| Accept at Other DoDAAC |
| ____ |
| LPO DoDAAC |
| ____ |
| DCAA Auditor DoDAAC |
| ____ |
| Other DoDAAC(s) |
| ____ |
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
Group Administrator (GAM) Primary: Ronald.J.Crowder.civ@mail.mil / 407-208-3032 GAM Alternate: Thomas.J.Bunch.civ@mail.mil / 407-384-3792
(2) Contact the WAWF HelpDesk at 866-618-5988, if assistance is needed.
Section H - Special Contract Requirements
H.1. INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS UNDER U.S.-REPUBLIC OF KOREA (ROK)
Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the “publications” tab on the US Forces Korea homepage http://www.usfk.mil
(a) Definitions. As used in this clause— “U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended “Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States Pacific Command.
“United States Forces Korea” (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.
“Commander, United States Forces Korea” (COMUSK) means the commander of all U.S. forces present in Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC).
“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19).
“Responsible Officer (RO)” means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.
(b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15289, APO AP 96205-5289.
(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.
(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property or transferred on a reimbursable basis.
(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA.
(f) The contractor’s direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.
(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible.
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