Sol Amendment W911N2-20-Q-0048 0002.pdf

JONATHAN CARROLL

LETTERKENNY CONTRACTING OFFICE

1 OVERCASH AVE., CCAM-ALK

717-267-8357

CHAMBERSBURG PA 17201-4150

W25G1Q0154R001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

It has become necessary and in the best interest of the Government to amend this solicitation to change the contract Type to Firm Fix Price and remove Time and Material Clins. Correct the PWS to show option years. All other terms and conditions remains the same.

1. CONTRACT ID CODE PAGE OF PAGES

Y 1 22

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 27-Jul-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911N220Q0048

X 9B. DATED (SEE ITEM 11)

15-Jul-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Jul-2020

CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC-RSA-LEAD

1 OVERCASH AVENUE, ATTN: CCAM-MLK, BLDG 2S

CHAMBERSBURG PA 17201-4150

W911N2 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W911N2

FACILITY CODECODE

EMAIL:TEL:

W911N220Q0048

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN description has changed from CALIBRATION to MAINTENANCE PLAN.

The CLIN extended description has changed from:

PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT REQUIRED FORANNUAL

CALIBRATION, INSPECTION AND PREVENTATIVE MAINTENANCE OF THE Thermo Scientific, ARL 3460 OES Serial Number 6284 Year 2013 IN ACCORDANCE WITH THE

PERFORMANCE WORK STATEMENT.

To:

PROVIDE ALL LABOR, MATERIALS, TRAVEL, AND EQUIPMENT REQUIRED FOR

ANNUAL CALIBRATION, INSPECTION, PREVENTATIVE MAINTENANCE, AND

REPAIRS OF THE Thermo Scientific, ARL 3460 OES Serial Number 6284 Year 2013 IN ACCORDANCE WITH paragraphs: 5.0, 5.1, 5.1.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9 and 5.10 of the PERFORMANCE WORK STATEMENT.

CLIN 0002

This CLIN has been renumbered to CLIN 0004.

The CLIN type priced has been deleted.

The CLIN description has changed from NON EMERGENCY SERVICE/REPAIR to

RESERVED.

The CLIN extended description has changed from:

PROVIDE ALL LABOR AND EQUIPMENT REQUIRED FOR NONEMERGENCYREPAIR

OF THE Thermo Scientific, ARL 3460 OES Serial Number 6284Year 2013 IN ACCORDANCE

WITH THE PERFORMANCE WORK STATEMENT.**PAYMENT WILL BE MADE IN

ACCORDANCE WITH ACTUALQUANTITY OF HOURS PERFORMED AND APPROVED

BY THE CONTRACTING OFFICER REPRESENTATIVE (COR)** LOT=HOURS

The pricing detail quantity 3.00 has been deleted.

The unit of issue Lot has been deleted.

The FOB Destination has been deleted.

The PSC code J052 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

The NAICS code 811219 has been deleted.

The MDAP/MAIS Code 000 has been deleted.

CLIN 0003

The CLIN type priced has been deleted.

The CLIN description has changed from UNSCHEDULED SERVICE PARTS to

RESERVED.

The CLIN extended description has changed from:

PROVIDE ALL MATERIAL AND PARTS TO PERFORM REPAIRSERVICES IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.SEE APPENDIX A.

**ALL PARTS WILL BE BILLED AS ACTUALS. CCONTRACTOR ACQUIRED:

ORIGINAL PAID INVOICES MUST BEFURNISHED TO BILL UNDER THIS CLIN AT

COST. CONTRACTORMANUFACTURED/FABRICATED: ALLOWABLE INCURRED

COSTS(INCLUDING APPLICABLE OVERHEAD COSTS AND G&A; DOES

NOTINCLUDE PROFIT) MAY BE BILLED UNDER THIS CLIN. CLIN PRICE WILL BE

SET BY THE GOVERNMENT UPON AWARD**

The pricing detail quantity 1.00 has been deleted.

The unit of issue Lot has been deleted.

The FOB Destination has been deleted.

The PSC code J052 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

CLIN 0004

This CLIN has been renumbered to CLIN 0002.

The pricing detail quantity has decreased by 1.00 from 2.00 to 1.00.

CLIN 0005

The CLIN description has changed from REPAIR RESOLUTION to RESERVED.

The CLIN extended description has changed from:

PROVIDE ALL LABOR, MATERIAL, TOOLS, SERVICES, EQUIPMENTAND

TELEPHONE SUPPORT TO PERFORM UNSCHEDULED SERVICE ON Thermo Scientific, ARL 3460 OES Serial Number 6284Year 2013 LISTED IN APPENDIX A IN ACCORDANCE

WITH THE PERFORMANCE WORK STATEMENT. OEM SERVICE RATES SHALL BE

BILLED AT ACTUAL COST.

The unit of issue Lot has been deleted.

The FOB Destination has been deleted.

The PSC code J052 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

CLIN 1001

The CLIN extended description has changed from:

PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT REQUIRED FORANNUAL

CALIBRATION, INSPECTION AND PREVENTATIVE MAINTENANCE OF THE Thermo

ANNUAL CALIBRATION, INSPECTION, PREVENTATIVE MAINTENANCE, AND

REPAIRS OF THE Thermo Scientific, ARL 3460 OES Serial Number 6284 Year 2013 IN ACCORDANCE WITH paragraphs: 5.0, 5.1, 5.1.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9 and 5.10

CLIN 1002

This CLIN has been renumbered to CLIN 1004.

The CLIN type priced has been deleted.

The CLIN description has changed from NON EMERGENCY SERVICE/REPAIR to

RESERVED.

The CLIN extended description has changed from:

PROVIDE ALL LABOR AND EQUIPMENT REQUIRED FOR NONEMERGENCYREPAIR

OF THE Thermo Scientific, ARL 3460 OES Serial Number 6284Year 2013 IN ACCORDANCE

WITH THE PERFORMANCE WORK STATEMENT.**PAYMENT WILL BE MADE IN

The unit of issue Lot has been deleted.

The FOB Destination has been deleted.

The PSC code J052 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

CLIN 1003

The CLIN description has changed from UNSCHEDULED SERVICE PARTS to

RESERVED.

The CLIN extended description has changed from:

PROVIDE ALL MATERIAL AND PARTS TO PERFORM REPAIRSERVICES IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.SEE APPENDIX A.

**ALL PARTS WILL BE BILLED AS ACTUALS. CCONTRACTOR ACQUIRED:

ORIGINAL PAID INVOICES MUST BEFURNISHED TO BILL UNDER THIS CLIN AT

COST. CONTRACTORMANUFACTURED/FABRICATED: ALLOWABLE INCURRED

COSTS(INCLUDING APPLICABLE OVERHEAD COSTS AND G&A; DOES

The unit of issue Lot has been deleted.

The FOB Destination has been deleted.

The PSC code J052 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

CLIN 1004

This CLIN has been renumbered to CLIN 1002.

CLIN 1005

The CLIN description has changed from REPAIR RESOLUTION to RESERVED.

The CLIN extended description has changed from:

PROVIDE ALL LABOR, MATERIAL, TOOLS, SERVICES, EQUIPMENTAND

TELEPHONE SUPPORT TO PERFORM UNSCHEDULED SERVICE ON Thermo Scientific, ARL 3460 OES Serial Number 6284Year 2013 LISTED IN APPENDIX A IN ACCORDANCE

The unit of issue Lot has been deleted.

The FOB Destination has been deleted.

The PSC code J052 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

CLIN 2001

The CLIN extended description has changed from:

PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT REQUIRED FORANNUAL

CALIBRATION, INSPECTION AND PREVENTATIVE MAINTENANCE OF THE Thermo

ANNUAL CALIBRATION, INSPECTION, PREVENTATIVE MAINTENANCE, AND

REPAIRS OF THE Thermo Scientific, ARL 3460 OES Serial Number 6284 Year 2013 IN ACCORDANCE WITH paragraphs: 5.0, 5.1, 5.1.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9 and 5.10

CLIN 2002

This CLIN has been renumbered to CLIN 2004.

The CLIN type priced has been deleted.

The CLIN description has changed from NON EMERGENCY SERVICE/REPAIR to

RESERVED.

The CLIN extended description has changed from:

PROVIDE ALL LABOR AND EQUIPMENT REQUIRED FOR NONEMERGENCYREPAIR

OF THE Thermo Scientific, ARL 3460 OES Serial Number 6284Year 2013 IN ACCORDANCE

WITH THE PERFORMANCE WORK STATEMENT.**PAYMENT WILL BE MADE IN

The unit of issue Lot has been deleted.

The FOB Destination has been deleted.

The PSC code J052 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

CLIN 2003

The CLIN description has changed from UNSCHEDULED SERVICE PARTS to

RESERVED.

The CLIN extended description has changed from:

PROVIDE ALL MATERIAL AND PARTS TO PERFORM REPAIRSERVICES IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.SEE APPENDIX A.

**ALL PARTS WILL BE BILLED AS ACTUALS. CCONTRACTOR ACQUIRED:

ORIGINAL PAID INVOICES MUST BEFURNISHED TO BILL UNDER THIS CLIN AT

COST. CONTRACTORMANUFACTURED/FABRICATED: ALLOWABLE INCURRED

COSTS(INCLUDING APPLICABLE OVERHEAD COSTS AND G&A; DOES

The unit of issue Lot has been deleted.

The FOB Destination has been deleted.

The PSC code J052 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

CLIN 2004

This CLIN has been renumbered to CLIN 2002.

CLIN 2005

The CLIN description has changed from REPAIR RESOLUTION to RESERVED.

The CLIN extended description has changed from:

PROVIDE ALL LABOR, MATERIAL, TOOLS, SERVICES, EQUIPMENTAND

TELEPHONE SUPPORT TO PERFORM UNSCHEDULED SERVICE ON Thermo Scientific, ARL 3460 OES Serial Number 6284Year 2013 LISTED IN APPENDIX A IN ACCORDANCE

The unit of issue Lot has been deleted.

The FOB Destination has been deleted.

The PSC code J052 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

INSPECTION AND ACCEPTANCE

The Acceptance/Inspection Schedule for CLIN 0003 has been changed from:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

To:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A N/A

The Acceptance/Inspection Schedule for CLIN 0004 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 0005 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 1003 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 1004 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 1005 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 2003 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 2004 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 2005 has been changed from:

Destination Government Destination Government

To:

The following have been modified:

PWS

PERFORMANCE WORK STATEMENT (PWS)

FOR

METALS ANALYZER MAINTENANCE AND TRAINING

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, parts, supervision, quality control and other items and non-personal services necessary to perform preventative maintenance (PM), non-emergency repairs, and training for the metals analyzer as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract.

1.2 Background: The metals analyzer (listed in Appendix A) supports all of the programs at Letterkenny Army Depot (LEAD). When this machine breaks down, long downtimes impact the ability of LEAD to meet production and delivery schedules of multiple programs. LEAD is requesting a service contract to ensure the machine is calibrated/repaired and operational in the shortest amount of time to reduce the impact on production and delivery schedule.

1.3 Period of Performance (PoP): The Period of Performance shall be one (1) Base Year of 12 months and two (2) 12-month option years. The Period of Performance reads as follows:

1.3.1 Base Year: 07 August 2020 to 06 August 2021

1.3.2 Option Year One: 07 August 2021 to 06 August 2022

1.3.3 Option Year Two: 07 August 2022 to 06 August 2023

1.4 General Information:

1.4.1 Quality Assurance (QA): The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).

1.4.2 Recognized Holidays: The following are recognized US holidays and the date for each can be found at the following website:

http://www.opm.gov/Operating_Status_Schedules/fedhol/index.asp.

The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Independence Day

1.4.2.6 Labor Day

1.4.2.7 Columbus Day

1.4.2.8 Veteran’s Day

1.4.2.9 Thanksgiving Day

1.4.2.10 Christmas Day

1.4.2.11 when an observed holiday falls on a Tuesday or Thursday, the Depot regularly schedules a closure on the corresponding Monday or Friday.

1.4.3 Place and Performance of Services: The contractor shall provide services between the hours of 0600 – 1600 Monday through Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at Building 350 Material Lab. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.4 Security Requirements: Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Risk Management or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.4.1 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.4.2 AT Level 1 Awareness Training: All contractor employees, to included subcontractor employees, requiring access to Army Installations, facilities, and controlled access areas shall complete AT Level 1 awareness training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. AT level 1 awareness training is available at https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf.

1.4.4.3 iWATCH Training: The contractor and all associated sub-contractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or contracting officer. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. iWATCH training is available on the Letterkenny Army Depot homepage – http://www.letterkenny.army.mil/iwatch.html;

select "Contractor AT/OPSEC Resource."

1.4.4.4 OPSEC Training: Per AR 530-1, Operations Security, new contractor employees and associated sub-contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. Level 1 OPSEC training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.

1.4.4.5 Information Awareness: All contractor employees and associated sub-contractor employees with access to a government information system shall be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and shall successfully complete the DOD Information Assurance awareness training prior to access to the IS and then annually thereafter.

1.4.4.5.1 All contractor employees and associated sub-contractor employees shall complete the DoD Information Assurance awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions shall comply with DoD and Army training requirements in DoD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

1.4.4.5.2 Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M shall be completed upon contract award.

1.4.5 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

1.4.6 Special Qualifications: The contractor shall ensure that all personnel and sub-contractor personnel performing under this contract shall be ISO/IEC 17025 Certified and fully trained, licensed, and qualified to perform maintenance on the equipment listed in this contract. To be fully qualified, the contractor or sub-contractor shall be considered a preferred service provider for Thermo Scientific/Thermo Fisher Scientific lab equipment, and capable of producing verifying documentation.

1.4.7 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.8 Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract.

The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.4.9 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed

1.4.10 Organizational Conflicts of Interest (OCI): The 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 OCIs, as defined in FAR Subpart 9.5.

The contractor shall notify the KO 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 KO to avoid or mitigate any such OCI.

The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

2.1.2 Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 Contracting Officer's Representative (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 Deliverable. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 Physical Security. Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary

PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the facilities, equipment, materials, and/or services listed below:

3.1 Facilities: None.

3.2 Equipment: None.

3.3 Materials: None.

3.4 Services: None.

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract.

4.0 Contractor Furnished Property, Materials, Equipment (CFP/M/E): Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall provide all, labor, material, parts, and equipment necessary to perform preventative maintenance, non-emergency repairs, and training for the metals analyzer listed in Appendix A. All maintenance performed shall meet all original equipment manufacturer (OEM) requirements. The contractor shall be knowledgeable, experienced, and proficient in the troubleshooting and maintenance of the equipment listed in Appendix A.

5.1 Preventative Maintenance: The PM shall include calibration, and be performed one (1) time per year during LEAD duty hours. The PM shall meet OEM equivalent requirements to facilitate proper operation through the next 12 month period.

5.1.1 Building 350 Materials Lab: The location in which the contractor shall perform the one time per year PM (including calibration) for all equipment identified in Appendix A.

5.2 Non-Emergency Maintenance Response: The contractor shall return non- emergency repair service calls within 72 hours. If the machine is operational, the contractor shall provide phone technical support to solve the problem. If the problem cannot be fixed via phone technical support, the contractor shall dispatch a service technician on site within one week. Repairs identified by non-emergency diagnostic services shall be coordinated with the COR, who shall authorize repair by the method most advantageous to the Government. The contractor shall coordinate arrival dates with the COR. This shall not be construed to mean that the contractor has exclusive rights to perform all non-emergency maintenance. The Government reserves the right to perform non-emergency repairs in-house as required.

5.3 Parts: The contractor shall provide all necessary parts for all work performed under this contract. This shall not be construed to mean that the contractor has exclusive rights to supply all parts needed to perform non-emergency maintenance and calibration. The Government reserves the right to procure parts required for maintenance performed in-house by most advantageous means.

5.4 Repair Resolution: The contractor shall be contacted when the COR determines that a machine requires maintenance support (see paragraphs 5.1 and 5.2). If the COR has determined that the contractor has not repaired a machine back to operational condition in a timely manner or an ongoing problem continues to re-occur without resolution, the COR shall request the contractor to bring in an OEM technician or an OEM trained technician to correct the failure. If the contractor declines government’s request to contract the OEM technician or OEM trained technician, the government reserves the right to contract the repair of the machine to the OEM technician or OEM trained technician. In both scenarios, the government shall pay for the direct expense of the OEM technician with no cost increase from the contractor.

5.5 Training: At the time PM service is provided at LEAD, the contractor shall provide applied training to LEAD personnel (max 3 persons) that demonstrates proper use of Set Up Samples to correct analyzer drift.

5.6 Government Computers and Networks: Any required access to DoD computer system or any software, the contractor shall notify and coordinate with the COR in advance. This shall be done so the COR can coordinate with the Directorate of Information Management (DOIM) personnel to ensure proper Letterkenny security protocols are followed in regards to the Letterkenny IT network. All access requests to the Letterkenny network shall be granted only after the proper visitor request is submitted to the Letterkenny Security office and verification of background check complete.

5.7 Software: The software listed below is currently utilized for operation of the metals analyzer listed in Appendix A. The contractor shall install any updated versions needed to ensure proper operation and reported results.

Oxsas 1.6, 2012 Optical Emission Analysis Software Application Version 1.6.4.1626e Licensed Version 1.6.4.1626 Application Database Version 221 Current Database Version 221

5.8 Technical Telephone Support: The contractor shall supply all technical telephone support to aid in troubleshooting and correction of machine faults and problems to the Government. If the contractor is unable to correct the fault or problem via telephone support the contractor shall provide on-site services under non-emergency repair.

5.9 Report: At the end of each maintenance visit, the contractor shall submit a report for all services provided (PM, non-emergency, and/or training) which includes a description of the services/repairs completed, and cost breakdowns of parts and labor. Report shall be provided to the COR in written form within 10 days of service.

5.10 Warranty of Parts/Materials: The contractor shall provide a standard commercial warranty furnished with the equipment equal to the same warranty the OEM would provide. The warranty shall cover all workmanship and parts.

5.11 Contractor Manpower Reporting (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor shall completely fill in all the information in the format using the following web address https://www.ecmra.mil/. The required information includes: (1) Contracting Office, KO, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub- Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

6.0

APPENDIX A

Building 350 Material Lab Equipment:

1. Optical Emission Spectrometer

Thermo Scientific, ARL 3460 OES Serial Number 6284 Year 2013

6.1 Safety Standards:

1. The contractor is reminded that LEAD maintains a Safety Management System (SMS) and is either OHSAS 18001 or ISO 45001 certified. LEAD’s safety policy and safety program (LEAD-R 385-1) can be found at https://www.letterkenny.army.mil/visitors.html, it is the contractor’s responsibility to be familiar with these documents and to comply with their contents.

2. Any and all on site work at LEAD shall be completed in accordance with applicable OSHA, DoD, Army, and LEAD Safety requirements. As a federal installation, additional requirements other than OSHA apply to contractors performing work at LEAD. Examples include full conformance to all applicable NFPA standards, ANSI standards, and other consensus standards for the industry covered by this contract. It is the responsibility of the contractor to be familiar with all applicable standards prior to starting work.

Additionally, the contractor shall make themselves familiar with and comply with LEAD's local safety regulation LEAD-R 385-1 prior to the start of any work at LEAD.

3. The contractor shall not request that LEAD personnel bypass any safety devise or violate any safety standard without providing appropriate protective measures prior to the performance of work. Examples of prohibited practices include, requesting the change out of components without proper identification or isolation of hazardous energy such as electricity, hydraulic pressure, etc.

4. LEAD’s safety policy and safety program (LEAD-R 385-1) can be found at https://www.letterkenny.army.mil/visitors.html

Technical Exhibit 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

PWS

Paragraph

Task

Performance Standard

Acceptable Quality Levels (AQL)

Surveillance Method / By

Whom

5.1 The contractor shall

perform PM service including calibration.

The contractor shall perform a successful PM service that includes calibration (1) time per year.

0 (zero) failures to provide successful PM service within each contract year.

100% inspection –

COR will inspect.

5.2 The contractor shall

perform non-emergency maintenance.

The contractor shall respond to phone call within allotted time, and perform maintenance successfully.

1 failure to respond in allotted time or perform maintenance successfully.

Periodic Inspection - COR will review.

5.5 The contractor shall

provide training to correct analyzer drift.

The contractor shall provide training to LEAD personnel that demonstrates proper use of Set Up Samples to correct analyzer drift.

0 (zero) failures to provide successful training within each contract year.

100% inspection –

COR will inspect.

5.9 The contractor shall

supply report.

The contractor shall supply COR with maintenance report within 10 days of completion of maintenance.

0 (zero) failures to supply report within

10 days.

100% inspection –

COR will inspect.

Technical Exhibit 2

Deliverables Schedule

Deliverable Frequency Number of Copies

Medium/Format Submit To

5.9- Report

After every onsite service call

1 Electronic COR

5.10 – CMR Annually N/A Electronic Submission https://www.ecmra.m il/

The following have been deleted:

52.245-1 Government Property JAN 2017

52.245-9 Use And Charges APR 2012 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

(End of Summary of Changes)