TE_1_PRS _16-B-0003 _FtRiley_Combatives _Jan_2016.pdf

PERFORMANCE REQUIREMENTS SUMMARY

1. PERFORMANCE REQUIREMENTS SUMMARY (PRS). The rights of the government and remedies described in this PRS, which is a part of the contract, are in addition to other rights and remedies set forth in the contract. Specifically, the government reserves its contract rights under the Inspection of Services Clause and the Default clause. For services not included in the PRS, government quality assurance actions and remedies applied against deficiencies found during surveillance will be in accordance with the provisions of the Inspection of Services Clause. The purpose of this Technical Exhibit is to define performance evaluation and payment procedures. The absence from this PRS of any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract, including the Inspection of Services Clause and the Default Clause. The Performance Requirements Summary will:

1.1. List those PRS required services (column 1) which are paid for on the basis of a payment computation system specified in paragraph 4 of this technical exhibit.

1.2. List the paragraphs of the contract that cover the required service (column 2).

1.3. Define the standard of performance by which the government will measure contract performance (column 3).

1.4. Set forth the maximum allowable deviation, or acceptable quality level (AQL), from perfect performance (column 4) for each listed service that will be allowed by the contractor before the government will invoke the payment computation formula resulting in payment of less than 100% of the maximum payment for the listed service.

1.5. Define the lot used as a basis for surveillance or for payment computation purposes (column 4).

1.6. Set forth the primary surveillance methods the government will use to evaluate the contractor’s performance in meeting the contract requirements (column 5).

1.7. Set forth the percentage of the contract price that each listed required service represents (column 6).

2. GOVERNMENT QUALITY ASSURANCE. Contractor performance will be compared to the contract standards and AQLs using the Quality Assurance Surveillance Plan (QASP).

2.1. The government may use a variety of surveillance methods to evaluate the contractor’s performance. Only one method will be used at a time to evaluate a listed service during an inspection period for payment computation purposes (customer complaints will not be used for payment computation purposes). The government may change the method of surveillance of a service at the end of an inspection period. The contractor will be informed when the methods of inspection will change. The methods of surveillance that may be used are:

2.1.1. Random Sampling of recurring service output using the selected sampling plans of ANSI ACQ21.4 (ISO9000).

2.1.2. Periodic Inspection (Surveillance Activity Checklists) of output items (daily, weekly, monthly quarterly, semiannually, or annually) as necessary to assure a sufficient evaluation of contractor performance.

2.1.3. Management Information System (MIS) reported results. MISs are usually computer programs (but may be a manual system) set up to monitor and collect data in a given area.

2.1.4. Validated Customer Complaints.

3. CRITERIA FOR ACCEPTABLE AND UNACCEPTABLE PERFORMANCE. The standards and AQL are based on the levels of performance experienced when the service was performed by government personnel and are the level of performance acceptable to the government. Performance of a listed service will be accepted and paid for at the maximum payment percentage specified in column 6 of the PRS when the number of defects found by the inspector during contract surveillance does not exceed the number of defects allowed by the AQL in column 4. When the number of defects in the contractor’s performance found by the inspector exceeds the acceptable level, contractor shall respond to a Contract Discrepancy Report (CDR). The CDR will require the contractor to explain, in writing, why performance was unacceptable; how performance will be returned to acceptable levels; and how recurrence of the problem will be prevented in the future. The contracting officer will evaluate the contractor’s explanation and determine if full payment, partial payment, or the contract termination process is applicable. The contractor’s payment for services rendered will be calculated as stated in paragraph 4 of this technical exhibit.

3.1. Determining the number of defects that will cause less than maximum payment.

3.1.1. When the method of surveillance of a service is random sampling, the tables in ANSI ACQZ21.4 (ISO9000) will be used to determine the number of defects (based on the lot size, sample size, and AQL for each contract requirement) which will result in the contractor receiving less than maximum payment.

3.1.2. When the method of surveillance is other than random sampling, the number of defects that will cause less than a maximum payment will be determined as follows:

3.1.2.1. If the AQL is a constant number of defects (for example, two defects), the AQL plus one or more additional defects will render the performance unsatisfactory and cause less than maximum payment (for example, three defects).

3.1.2.2. If the AQL is a percentage value, it is multiplied by the lot size to determine the number of defects that will allow maximum payment. If the value results in a decimal of .5 or greater, it will be rounded up, for example, 6.6 would be rounded to 7 defects; if the decimal is less than .5 it will be rounded to the lower whole number, and for example, 6.3 would be rounded to 6 defects. One or more additional defect will render the performance unsatisfactory and cause less than the maximum payment.

3.2. Acceptance of re-performance or late performance.

3.2.1. At the sole election of the government and upon notification to the contractor, the contractor may be required to re-perform or perform late any or all defective work disclosed by government inspection including defective and incomplete performance. Where the government so elects, the contractor will be notified promptly after inspection that specified defective services shall be re-performed or performed late, and completed within a reasonable time specified by the government. In such cases, the government will re-inspect work designated for re-performance or late performance, and the contractor may be held liable for any damages sustained by the government including, for example, the costs associated with re-inspection.

3.2.1.1. Where the government requires re-performance or late performance solely of sample defective service disclosed by random sampling inspection, the contractor’s original inspection results shall not be modified since the sample reflects only a portion of the service lot.

3.2.1.2. Where the government requires re-performance or late performance of all defective service in a lot, the contractor shall resubmit the entire service lot for re-inspection. If re-inspection is conducted by random sample, a new random sample will be employed. Upon re-inspection, the original inspection results will be revised to reflect the resubmitted lot.

4. CONTRACTOR PAYMENT. Each month contractor performance will be compared to contract standards and AQLs as stated in the contract using the government’s QASP. Monthly payments to the contractor will be reduced for unsatisfactory performance using the following methods:

4.1. If the performance of a required service exceeds the AQL and the poor performance is the fault of the contractor, the government may not pay the full percentage value of the service stated in column 6 of the PRS.

4.1.1. The payment for listed services which exceed the AQL will be calculated as follows:

4.1.1.1. For services for which the method of surveillance is sampling, the maximum contract payment per month is multiplied by the maximum payment percentage for the service to determine the maximum payment for acceptable service. This payment is multiplied by the percentage of the sample found acceptable to determine the percentage of the contract price that the contractor will be paid for the listed service. The total number of defects found, not just those in excess of the reject level, is used to determine the percentage of the sample found unacceptable. The percentage of the sample found unacceptable subtracted from 100 percent determines the percentage of the lot found unacceptable. Sample defects that are corrected in accordance with paragraph 3.2. will affect a credit as specified in paragraph 5.1.1. of this technical exhibit.

4.1.1.2. For services for which the method of surveillance is periodic inspection, customer complaint, or MIS reports, the maximum payment percentage for the service in column 6 of the PRS is multiplied by the percentage of the monthly contract price that the contractor will be paid for the listed service. The total number of defects found, not just the defects in excess of the reject level, is used to determine the percentage of the lot found unacceptable. The percentage of the lot found unacceptable subtracted from 100 percent determines the percentage of the lot found acceptable.

4.1.1.3. For those services that are performed less frequently than monthly, surveillance and computation of the contractor’s payment will be made during or immediately following the month when that service is performed. The payment computation will be determined for the entire period since the start of the contract or the last surveillance, whichever is applicable, and will be based upon the total maximum payment available for the entire period since the last surveillance. Should computation of the contractor’s payment result in an amount less than has already been paid for the preceding month(s) of the period since the last surveillance, the government will deduct the overpayment from the current month’s invoice.

5. Examples of payment computation.

5.1. For services for which random sampling is the method of surveillance:

5.1.1. Assume an AQL of 6.5%, a lot size of 450 units, a resulting sample size of 50 units, and that 10 defects were found by government surveillance. The Master Table for Single Sampling Plans for Normal Inspection in MIANSI ACQ21.4 (ISO9000) indicates that the reject level is 8 defective samples. The payment computation would be as follows:

(1) Maximum contract line item payment per month $10,000

(2) Maximum payment percentage for the service (PRS, column 6) x 5%

(3) Maximum payment for acceptable services ((1) times (2) above) $500

(4) 10 defects exceed reject level of 8 defects

(5) Percentage of sample found unacceptable (number defects divided by sample size times 100) 20%

(6) Percentage of sample found acceptable (100% minus percentage of sample found unacceptable from (5) above) 80%

(7) Payment for percentage of acceptable service ((3) times (6) above) $400

5.2 For services for which the method of surveillance is other than random sampling:

5.2.1. Assume an AQL of 5%, a lot size of 50 units, and that 5 defects were found by the government. The payment would be computed as follows:

(1) Maximum contract line item payment per month 10,000

(2) Maximum payment percentage for the service (PRS, column 6) x 4%

(3) Maximum payment for acceptable service (1) times (2) above) $400

(4) 5 defects exceed reject level of 3 defects (AQL times lot size = 2.5 defects rounded up to 3) 3

(5) Percentage of lot found unacceptable (5 defects divided by lot size times 100) 10%

(6) Percentage of lot found acceptable (100% minus percentage of lot found Unacceptable from (5) above) 90%

(7) Payment for percentage of acceptable service ((3) times (6) above) $360

5.3. For services for which surveillance is less often than monthly:

5.3.1. Assume surveillance is semiannual; the AQL is 4%; and a defect of 10% is found by the government during surveillance. Also assume the percentage of the total contract line item price for the service is 4%. The payment would be computed as follows:

(1) Monthly contract line item payment $10,000

(2) Number of months represented by the period since the last surveillance x 7

(3) Total maximum payment for the period $70,000

(4) Percent of monthly contract line item price x 4%

(5) Total maximum payment for the service $28,000

(6) Percentage acceptable (100% minus 10%) x 90%

(7) Contractor’s payment for the period $2,520

(8) Amount previously paid for the period ($10,000 times 4% = $400;

6 months times $400 = $2,400) - $2,400

(9) Payment to the contractor this month $120

5.3.2. When the contractor has been paid more in previous months than the computed payment for the period, computation will be as follows. Assume surveillance is semiannual; the AQL is 10%; and a defect of 25% is found by the government. Also assume the percentage of the total contract line item price for the service is 4%.

(1) Monthly contract payment $10,000

(2) Number of months represented by the period since the last surveillance x 6

(3) Total maximum payment for the period $60,000

(4) Percent of monthly contract line item price x 4%

(5) Total maximum payment for the service $2,400

(6) Percentage acceptable (100% minus 25%) x 75%

(7) Contractor’s payment for the period $1,800

(8) Previously paid during the period ($10,000 times 4% = $400;

5 months times $400 = $2,000) - $2,000

(9) Payment to the contractor this month $0

(10) Reduction from current invoice due to overpayment (to be set off against amounts due for other services) $200

BLANK PAGE

For use of this form, see DA PAM 715-15; the proponent agency is DCSLOG.

REQUIRED SERVICE

CONTRACT

PARAGRAPH

NUMBER

STANDARD

MAXIMUM ALLOWABLE

DEGREE OF DEVIATION

FROM REQUIREMENT (AQL)

METHOD OF

SURVEILLANCE

PERCENTAGE OF

REQUIRED SERVICE TO

TOTAL CONTRACT

PRICE

Quality Instruction C.1.8.1, C.5.4.1, C.5.5.3

Instructors in place/on time and ready to train.

3% Periodic Inspections 5%

C.5.4.2 Instructors prepared, relevant and challenging.

0% Periodic Inspections 3%

C.5.4.3 Soldiers receive a complete presentation of the Army Combatives Program of Instruction.

0% Periodic Inspections 3%

C.5.4.4 No material substantiated adverse After Action (AA) review comments which reflect a repeated failure to provide training in accordance with this Statement of work.

5% Customer Feedback 5%

Instruction per POI C.5.5.1 Provide training IAW with POI 0% Periodic Inspection 5%

Qualified Personnel C.1.5 Contractor shall provide qualified personnel

0% 100% Inspection 2%

Key Personnel C.1.10.1 Contractor shall provide Key Personnel identified

0% 100% Inspection 2%

All Army Tournament Training

C.5.6 Contractor shall provide training

3% Periodic Inspection 3%