W900KK24R0027- OneSAF Draft RFP-04.16.2024.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 123

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W900KK 8. ADDRESS OFFER TO

See Item 7

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

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

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 31

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

32 - 39 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

40 - 43

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 45 - 50 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance 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

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

51 - 62

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND - ORLANDO

ATTN: CHARLIE DIVISION

12211 SCIENCE DRIVE

ORLANDO FL 32826-3224

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W900KK24R0027

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY FOR ONESAF

Section A - Solicitation/Contract Form

The U.S. Army Program Executive Office for Simulation, Training, and Instrumentation (PEO STRI), Project Manager, Synthetic Environment (PM SE), Product Manager, Constructive Simulation Support (PdM CSS) has a requirement for the One Semi- Automated Forces program for development, test, integration, interoperability, support, and delivery of software, data, and documentation products to the Assistant Program Manager OneSAF (APM OneSAF); the U.S. Army Modeling and Simulation (M&S) Communities (Acquisition, Analysis, Experimentation, Intelligence, Test and Evaluation, and Training); and the rest of the OneSAF User Community. The OneSAF User Community includes, without limitation, other U.S. Army Program Executive Offices (PEOs) and Program Managers (PMs), Training and Doctrine Command (TRADOC) Battle Labs, Research Development and Engineering Centers (RDECs) and agencies, other Department of Defense Services and Joint agencies, Government civilian organizations and agencies, academic institutions, foreign countries, and other OneSAF Co-Developers. OneSAF supports modeling and simulation of force modernization and transformation from weapons systems to Brigade and below level combat. OneSAF supports the Army goal of cloud and web-based software application development in order to reduce hardware and support costs and to enable rapid training at both home station and distributed locations. The applicable NAICS Code for this acquisition is 541512, Computer Systems Design Serives, with a Small Business Size Standard of $34M.

All comments and questions shall be submitted via email using the Question/Comment form embedded in Section L Attachments of the solicitation, Attachment 6 Comments and questions shall ONLY be provided to Contract Specialist Naillil Dejesus at naillil.m.dejesus.civ@army.mil and Contract Specialist Cara Borowski cara.l.borowski2.civ@army.mil; AND to Contracting Officer Marvin J. Hagan at Marvin.j.hagan.civ@army.mil no later than TBD with the full solicitation number, W900KK-24-R-0027, within the subject line. Comments and questions submitted prior to this time will be accepted and are highly encouraged. Questions and Comments via phone will NOT be accepted.

A.1. This Executive Summary is provided as an administrative convenience and is not intended to alter the terms and conditions of this solicitation in any way. Any inconsistencies between the Executive Summary and other sections of the solicitation shall be resolved in favor of the sections outside of the Executive Summary.

A.1.1. This solicitation will result in a Indefinite Delivery/Indefinite Quantity (ID/IQ) contract with Firm Fixed Price (FFP), Cost, and Cost Plus Fixed Fee (CPFF) Contract Line Item Numbers (CLINS). The Period of Performance (PoP) of the ID/IQ is 72 months from the date of contract award. The PoP for each Delivery/Task Order (DO/TO) will be determined at the TO level.

A.1.2. The OneSAF ID/IQ contract minimum guarantee is $400,000 and the Government intends to satisfy the minimum quantity for the contract of $400,000 with the award of Delivery/Task Order 0001. The ID/IQ maximum contract ceiling value is $127 million. The Basic ID/IQ and Delivery/Task Order 0001 will be awarded concurrently. Additional requirements and/or delivery/task orders may be issued during the Base ID/IQ Ordering Period at the discretion of the Government. Offeror SHALL propose in accordance with the CLIN structure.

*** END OF NARRATIVE ***

SOLICITATION CLOSING

A.2. SOLICITATION CLOSING

In accordance with submission instructions outlined in Section L.2, Proposal Submission Requirements, proposals for solicitation W900KK-24-R-0027 shall be received by the designated Government official no later than TBD.

OFFERORS ARE HEREBY ON NOTICE THAT FAILURE TO SUBMIT ALL THE

REQUIRED PROPOSAL INFORMATION IN EXACTLY THE MANNER (TIMELINESS

AND FORMAT) AS SPECIFIED IN THE SOLICITATION MAY CONSTITUTE A BASIS

FOR THE GOVERNMENT TO REJECT A PROPOSAL AS NON-COMPLIANT AND

THEREFORE INELIGIBLE TO BE CONSIDERED FOR AWARD, AT THE SOLE

DISCRETION OF THE PCO.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0101 1 Lot Software Product Baseline & Support

CPFF

FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

0102 1 Each Program Management

FFP

NET AMT

0103 1 Lot OPTION Development & Customer Support

0104 1 Each OPTION Training (1 week)

FFP

Cost for Three (3) Sessions

0105 1 Each OPTION Training (2 weeks)

FFP

Cost for Two (2) Sessions

0106 1 Lot Material

COST

0107 1 Lot Other Direct Costs (ODC)

0108 1 Lot Travel

0109 1 Each Service Contract Reporting

0110 1 Each Technical Data & Information

0111 1 Lot Phase In

0201 1 Lot Capability P3I

0202 1 Lot OPTION Tailored Product Baseline Release

0203 1 Lot Capability Concurrency

0204 1 Lot Intergration, Test and Release

0301 1 Lot Capability P3I

0302 1 Lot OPTION Tailored Product Baseline Release

0303 1 Lot Capability Concurrency

0304 1 Lot Intergration, Test and Release

0401 1 Lot Capability P3I

0402 1 Lot OPTION Tailored Product Baseline Release

0403 1 Lot Capability Concurrency

0404 1 Lot Intergration, Test and Release

0501 1 Lot Capability P3I

0502 1 Lot OPTION Tailored Product Baseline Release

0503 1 Lot Capability Concurrency

0504 1 Lot Intergration, Test and Release

0601 1 Lot Capability P3I

0602 1 Lot OPTION Tailored Product Baseline Release

0603 1 Lot Capability Concurrency

0604 1 Lot Intergration, Test and Release

0701 1 Lot Capability P3I

0702 1 Lot OPTION Tailored Product Baseline Release

0703 1 Long

Ton

Capability Concurrency

0704 1 Lot Intergration, Test and Release

1101 1 Lot OPTION Software Product Baseline Management and

CPFF

Software Product Baseline Management and Support

1102 1 Each OPTION Program Management

1103 1 Lot OPTION Development & Customer Support

1104 1 Each OPTION Training (1 week)

FFP

1105 1 Each OPTION Training (2 weeks)

FFP

1106 1 Lot OPTION Material

1107 1 Lot OPTION Other Direct Costs (ODC)

1108 1 Lot OPTION Travel

1109 1 Each OPTION Service Contract Reporting

1110 1 Each OPTION Technical Data & Information

2101 1 Lot OPTION Software Product Baseline Management

CPFF

2102 1 Each OPTION Program Management

2103 1 Lot OPTION Development & Customer Support

2104 1 Each OPTION 1 Week Training Sessions

FFP

2105 1 Each OPTION 2 Week Training Sessions

FFP

2106 1 Lot OPTION Material

2107 1 Lot OPTION Other Direct Costs (ODC)

2108 1 Lot OPTION Travel

2109 1 Each OPTION Service Contract Reporting

2110 1 Each OPTION Technical Data & Information

3101 1 Lot OPTION Software Product Baseline Management

CPFF

3102 1 Each OPTION Program Management

3103 1 Lot OPTION Development & Customer Support

3104 1 Each OPTION 1 Week Training Sessions

FFP

3105 1 Each OPTION 2 Week Training Sessions

FFP

3106 1 Lot OPTION Material

3107 1 Each OPTION Other Direct Costs (ODC)

3108 1 Lot OPTION Travel

3109 1 Each OPTION Service Contract Reoirting

3110 1 Each OPTION Technical Data & Information

4101 1 Lot OPTION Software Product Baseline Management

CPFF

4102 1 Each OPTION Program Management

4103 1 Lot OPTION Development & Customer Support

4104 1 Each OPTION 1 Week Training Sessions

FFP

4105 1 Each OPTION 2 Week Training Sessions

FFP

4106 1 Lot OPTION Material

4107 1 Lot OPTION Other Direct Costs (ODC)

4108 1 Lot OPTION Travel

4109 1 Each OPTION Service Contract Reporting

4110 1 Each OPTION Technical Data & Information

5101 1 Lot OPTION Software Product Baseline Management

CPFF

5102 1 Each OPTION Program Management

5103 1 Lot OPTION Development & Customer Support

5104 1 Each OPTION 1 Week Training Sessions

FFP

5105 1 Each OPTION 2 Week Training Sessions

FFP

5106 1 Lot OPTION Material

5107 1 Lot OPTION Other Direct Costs (ODC)

5108 1 Lot OPTION Travel

5109 1 Each OPTION Service Contract Reporting

5110 1 Each OPTION Technical Data & Information

SUPPLIES OR SERVICES COST/PRIC

B.1. SUPPLIES OR SERVICES AND COST/PRICE

B.1.1. The Government solicits an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract in accordance with (IAW) FAR Clause 52.216-22, "Indefinite Quantity". The Government is obligated to order only the stated minimum quantity; however, the Government reserves the right to order up to the total maximum quantity. The Government intends to satisfy the minimum quantity for the contract of $400,000 with the award of Delivery/Task Order 0001; the maximum quantity available under this contract is $127 million. However, this does not preclude the Government from exercising its rights under FAR 52.216-19, "Order Limitations", by ordering the maximum quantity specified in FAR 52.216-19(b)(1), at any time during the indefinite quantity period. The period of performance (PoP) of the ID/IQ is 72 months from the date of contract award. This ID/IQ contract will include a six-year ordering period consisting of a one-year base period with five (5) one-year option ordering periods. The PoP for each delivery/task order will be determined at the DO/TO level. Available funds will be obligated upon the issuance of each DO/TO.

B.1.2. As a result of this solicitation, the Government intends to simultaneously award the ID/IQ contract, and DO/TO 0001 to the Offeror whose offer conforms to the solicitation and is deemed the best value to the Government. Information for DO/TO 0001 is included in this solicitation. The period of performance for DO/TO 0001 is 12 months from date of award. DO/TO 0001 will include: Software Product Baseline Management and Support, Program Management, Development & Customer Support, Training, Material, ODCs, Travel, CMRA, Technical Data and Information, and Phase In. Additional delivery/task orders will be awarded for each option. The projected award date for the Base ID/IQ and DO/TO 0001 is first quarter of fiscal year 2025 (1ST QTR FY 25). In accordance with the applicable PWS, the cost/price information for Base ID/IQ and DO/TO 0001 must be included in the appropriate TAB and designated CLINs located in Attachment 7 – Cost/Price Workbook. The Offeror will complete Attachment 10.

B.1.3. The Offerors will complete “Section B – Supplies or Services and Prices” above with complete pricing amounts.

B.1.4. The following table provides the total minimum and maximum contract value (cumulative of all DO/TOs) for the base ID/IQ contract.

Contract Period Minimum Value Maximum Value Base ID/IQ including all option periods

$400,000 $127,000,000

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

C.1. ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST

(SERVICES)

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational and Consultant Conflicts of Interest (OCI) as defined in FAR Subpart 9.5 and DFARS 209.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

Please be advised that the Government may not make an award that would result in a prohibited OCI.

C.2. ORDERING PROCEDURES

C.2.1. The Contracting Officer may initiate a DO/TO by written notice to the contractor at any time from contract award through end of ordering period. The Government may increase the supplies called for herein by issuing bilateral modifications at the estimated cost, as set forth in the schedule of the resulting DO/TOs. The total combined value of all DO/TOs shall not exceed the ID/IQ maximum contract ceiling value of $127M.

C.2.2. All quantities, except the minimum quantity, are estimates. The Government is not obligated to order estimated quantities or any other quantity beyond the contract minimum quantity. The Government may transfer quantities or realign dollars between CLINs, as required, by issuance of a bi-lateral modification. Any quantities/dollars not used on a delivery/task order will be returned to the Basic ID/IQ estimated requirement via delivery/task order modification.

C.3. CONTRACTOR ACCESS TO GOVERNMENT FACILITIES

C.3.1. Contractor personnel will not be allowed access into Government facilities during Federal Government Holidays, weekends, non-duty hours (normally 1730-0630) or other times when Government employees are not in attendance (e.g. inclement weather resulting in the closing of the Government facilities and other emergencies) unless such access is directed or approved by the Contracting Officer or a duly appointed Contracting Officer's Representative.

C.3.2. The following holidays are recognized by the Federal Government:

New Year's Day, January 1 Martin Luther King, Jr.'s Birthday, third Monday in January Washington's Birthday, third Monday in February Memorial Day, last Monday in May Juneteenth, June 19 Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 and any other day designated as a holiday by Federal Statute or Executive Order.

C.4. REIMBURSEMENT OF TRAVEL, PER DIEM, AND SPECIAL MATERIAL COSTS

Travel costs will be considered reasonable and allowable only to the extent that they do not exceed on a daily basis, the maximum per diem rates in effect at the time of the travel. The Joint Travel Regulations (JTR), while not wholly applicable to Contractors, shall provide the basis for the determination as to what is reasonable and allowable, and will be reimbursed on a cost (no fee) basis. Maximum use is to be made of the lowest available customary standard coach or equivalent airfare accommodations available during normal business hours.

Note: The Contractor shall be required to travel to Continental United States (CONUS) government-designated sites as appropriate for the fielding events, integration events and to meet the requirements specified in this PWS.

Not To Exceed (NTE) amounts for Travel are included in Attachment 7 OneSAF Cost/ Price Workbook.

C.5. GOVERNMENT FURNISHED INFORMATION

(a) Definitions. As used in this clause—

“Government-furnished information” means information (1) in the possession of, or directly acquired by, the Government whereby the Government has title to or license rights in the information, and (2) subsequently furnished to the Contractor for performance of a contract.

“Information” means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data including computer databases, computer software, and computer software documentation, and information such as financial, administrative, cost or pricing, or management information.

(b) Technical data (e.g. source code, terrain database data, compiled software) and associated documents will be supplied to the contractor and Government on a regular basis throughout the life of the contract.

(c) Software and intellectual property are forms of 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.

(d) All technical data and computer software (as defined in DFARS 252.227-7013 and DFARS 252.227-7014) furnished by the Government is in an "as is" condition without any warranty as to its accuracy, completeness, or adequacy. The contractor shall use this technical data and computer software at its own risk. The Government assumes no responsibility for such furnished data/documentation/computer software nor will the Government have any liability for equitable adjustments to the terms and conditions of this contract should such data, documentation, or computer software prove to be inaccurate, incomplete, or otherwise defective.

(e) The Government shall retain title to or license rights in all GFI. Title to or license rights in GFI shall not be affected by its incorporation into or attachment to any information not owned by or licensed to the Government.

C.6. IMPORTANT NOTICE - INSTRUCTIONS BY CONTRACTING OFFICER

C.6.1. The Contractor shall only accept instructions issued by the Contracting Officer or the Contracting Officer's Representative (COR) if one is appointed. The COR’s authority is limited to what is set forth in the appointment letter. If a COR is appointed, the appointment will be done by letter to the COR with the scope of the COR's authority set forth in the appointment letter. A copy of the appointment letter will be furnished to the Contractor. Such instructions will be contained in a Contracting Officer authorized and issued modification to the contract or delivery/task order.

C.6.2. No information received from any other person employed by the U.S.

Government or otherwise will be considered as grounds for deviation from any stipulation of this purchase instrument, reference drawings, or specifications, unless such information is contained in a Contracting Officer authorized and issued modification to the purchase instrument in accordance with FAR Clause 52.243-1.

STATUS OF FORCES AGREEMENT

C.7.

SOFA Contract Clause

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. (Continued)

Table B-1 (Cont)

(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.

Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements. Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S.

contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(Continued)

Table B-1 (Cont) SOFA Contract Clause

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(Continued)

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals.

Included in this list are force protection advisories, health advisories, area (i.e. “off-limits”), prostitution and human trafficking and curfew restrictions.

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees/dependents must have either a Korean driver’s license or a valid international driver’s license to legally drive on Korean roads.

(p) Evacuation.

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

(2) Non-combatant Evacuation Operations (NEO).

(i) The contractor shall designate a representative to provide contractor personnel and dependents information to the servicing NEO warden as required by direction of the Responsible Officer.

(ii) If contract period of performance in the Republic of Korea is greater than six months, non emergency essential contractor personnel and all IC/TR dependents shall participate in at least one USFK sponsored NEO exercise per year.

(q) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is missing, captured, or abducted.

(2) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recovery actions in accordance with DOD Directive 2310.2, Personnel Recovery.

(3) IC/TR personnel shall accomplish Personnel Recovery/Survival, Evasion, Resistance and Escape (PR/SERE) training in accordance with USFK Reg 525-40, Personnel Recovery

(Continued)

Procedures and USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK.

(r) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing support in the theater of operations to U.S. Armed Forces will be handled in accordance with DOD Directive 1300.22, Mortuary Affairs Policy and Army Regulation 638-2, Care and Disposition of Remains and Disposition of Personal Effects.

(s) USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause.

(End of Clause)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE

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.

TECHNICAL DATA

TECHNICAL DATA AND INFORMATION

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit TBD attached hereto, and the following:

(a) 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 cognizant codes, which are listed in Block 6 of the DD Form 1423.

(1) PCO, Code TBD.

(2) COR, Code TBD.

(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.

(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 codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.

(e) The PCO 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 thirty (30) days after receipt of notice of rejection.

(g) DD Form 1423, Block 14 Mailing Addresses: TBD

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0101 N/A N/A N/A Government 0102 N/A N/A N/A Government 0103 N/A N/A N/A Government 0104 N/A N/A N/A Government 0105 N/A N/A N/A Government 0106 N/A N/A N/A Government 0107 N/A N/A N/A Government 0108 N/A N/A N/A Government 0109 N/A N/A N/A Government 0110 N/A N/A N/A Government 0201 N/A N/A N/A Government 0202 N/A N/A N/A Government 0203 N/A N/A N/A Government 0204 N/A N/A N/A Government 0301 N/A N/A N/A Government 0302 N/A N/A N/A Government 0303 N/A N/A N/A Government 0304 N/A N/A N/A Government 0401 N/A N/A N/A Government 0402 N/A N/A N/A Government 0403 N/A N/A N/A Government 0404 N/A N/A N/A Government 0501 N/A N/A N/A Government 0502 N/A N/A N/A Government 0503 N/A N/A N/A Government 0504 N/A N/A N/A Government 0601 N/A N/A N/A Government 0602 N/A N/A N/A Government 0603 N/A N/A N/A Government 0604 N/A N/A N/A Government 0701 N/A N/A N/A Government 0702 N/A N/A N/A Government 0703 N/A N/A N/A Government

0704 N/A N/A N/A Government 1101 N/A N/A N/A Government 1102 N/A N/A N/A Government 1103 N/A N/A N/A Government 1104 N/A N/A N/A Government 1105 N/A N/A N/A Government 1106 N/A N/A N/A Government 1107 N/A N/A N/A Government 1108 N/A N/A N/A Government 1109 N/A N/A N/A Government 1110 N/A N/A N/A Government 2101 N/A N/A N/A Government 2102 N/A N/A N/A Government 2103 N/A N/A N/A Government 2104 N/A N/A N/A Government 2105 N/A N/A N/A Government 2106 N/A N/A N/A Government 2107 N/A N/A N/A Government 2108 N/A N/A N/A Government 2109 N/A N/A N/A Government 2110 N/A N/A N/A Government 3101 N/A N/A N/A Government 3102 N/A N/A N/A Government 3103 N/A N/A N/A Government 3104 N/A N/A N/A Government 3105 N/A N/A N/A Government 3106 N/A N/A N/A Government 3107 N/A N/A N/A Government 3108 N/A N/A N/A Government 3109 N/A N/A N/A Government 3110 N/A N/A N/A Government 4101 N/A N/A N/A Government 4102 N/A N/A N/A Government 4103 N/A N/A N/A Government 4104 N/A N/A N/A Government 4105 N/A N/A N/A Government 4106 N/A N/A N/A Government 4107 N/A N/A N/A Government 4108 N/A N/A N/A Government 4109 N/A N/A N/A Government 4110 N/A N/A N/A Government 5101 N/A N/A N/A Government 5102 N/A N/A N/A Government 5103 N/A N/A N/A Government 5104 N/A N/A N/A Government 5105 N/A N/A N/A Government 5106 N/A N/A N/A Government 5107 N/A N/A N/A Government 5108 N/A N/A N/A Government 5109 N/A N/A N/A Government 5110 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989 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

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

This IDIQ contract has a one-year base period with five (5) one-year option ordering periods. Multiple delivery/task orders are planned to be awarded across a six year ordering period. The period of performance for each delivery/task order will be determined at the delivery/task order level.

In accordance with FAR Clause 52.216-22, Indefinite Quantity, the Government may require that deliveries be made under this contract up to 24 months beyond the ordering period.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

252.204-7006 Billing Instructions--Cost Vouchers MAY 2023

Section G - Contract Administration Data

PGI 204.7108

PGI 204.7108 Payment instructions.

(See DFARS 204.7108, DFARS/PGI view)

(a) Scope. This section applies to contracts and orders that are funded by multiple accounting classification citations and—

(1) Include deliverable line items or deliverable subline items (see FAR 4.1005-1) that are funded by multiple accounting classification citations;

(2) Contain cost-reimbursement or time-and-materials/labor-hour line items; or

(3) Authorize financing payments.

(b) For contracts and orders covered by this subpart—

(1) The contracting officer shall insert the table at (b)(2), or a link to the table at (b)(2) (https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instr uctions), in Section G of the contract, or equivalent, including contracts with incrementally funded line items. When some, but not all, of the fixed price line items in a contract are subject to contract financing payments, the contracting officer shall clearly identify to which line items the payment clause(s) included in Section I apply.

(2) The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table below based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort.

For Government Use Only

Contract/Order Payment Clause

Type of Payment Request

S up pl y

S er vi ce

C on st ru ct io n

Payment Office Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions— Commercial Products and Commercial Services;

52.216-7, Allowable Cost and Payment;

52.232-7, Payments Under Time-and-Materials and Labor-Hour Contracts

Cost Voucher X X N/A Line item specific proration.

If there is more than one ACRN within a deliverable contract line item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the line item billed.

52.232-1, Payments, 252.217-7007, Payments (vessel repair and alterations)

Navy Shipbuilding Invoice (Fixed Price)

X X N/A Line item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds first.

In the event of a deliverable line or deliverable subline item with two or more ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments;

52.232-2, Payments Under Fixed-Price Research and Development Contracts;

52.232-3, Payments Under Personal Services Contracts;

52.232-4, Payments Under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments Under Communication Service Contracts With Common Carriers

Invoice X X N/A Line item specific proration.

If there is more than one ACRN within a deliverable line item or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

For Government Use Only

Contract/Order Payment Clause

Type of Payment Request

S up pl y

S er vi ce

C on st ru ct io n

Payment Office Allocation Method

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction and Facilities Management Invoice

N/A N/A X Line item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds first.

In the event of a deliverable line or deliverable subline item with two or more ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress Payments (excluding contracts with multiple lot progress payments)

Progress Payment*

X X N/A Contract-wide proration.

Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress payments are considered contract level financing, and the “contract price” shall reflect the fixed-price portion of the contract per FAR 32.501-3.

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services;

52.232-30, Installment Payments for Commercial Products and Commercial Services

Commercial Product and Commercial Service Financing*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2).

52.232-32, Performance- Based Payments

Performance- Based Payments*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.1007(b)(2).

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial product and commercial service financing).

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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 financing, submit a commercial 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*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC Provided in Task Order

Issue By DoDAAC Provided in Task Order

Admin DoDAAC** Provided in Task Order

Inspect By DoDAAC Provided in Task Order

Ship To Code Provided in Task Order

Ship From Code Provided in Task Order

Mark For Code Provided in Task Order

Service Approver (DoDAAC) Provided in Task Order

Service Acceptor (DoDAAC) Provided in Task Order

Accept at Other DoDAAC Provided in Task Order

LPO DoDAAC Provided in Task Order

DCAA Auditor DoDAAC Provided in Task Order

Other DoDAAC(s) Provided in Task Order

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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.

NAME EMAIL PHONE ROLE

Angela Stacy, PEO

STRI

Angela.s.stacy.civ@army.mil 407-208-5910 Acceptor

Marvin Hagan, Contracting Officer

Marvin.j.hagan.civ@army.mil 407-208-3349 View Only

Naillil DeJesus Naillil.m.dejesus.civ@army.mil N/A View Only

(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.

Primary Group Administrator Tara.m.wagner3.civ@army.mil or 407-208-5782

Alternate Group Administrator Thomas.j.bunch.civ@army.mil or 407-384-3792

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-14 Display of Hotline Poster(s) NOV 2021 52.203-15 Whistleblower Protections Under the…