W91236-10-R-0018-0001 Add Section E.pdf

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

CONTRACT TITLE: PREVENTIVE MAINTENANCE AND REPAIR, DODEA SCHOOLS AT FORT BRAGG, NORTH CAROLINA, AND POPE AIR

FORCE BASE, NORTH CAROLINA.

This amendment is issued to include section E (Inspection and Acceptance), w hich w as inadvertently omitted, in the subject solicitation.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 30-Jun-2010

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 W91236-10-R-0018

X 9B. DATED (SEE ITEM 11)

11-Jun-2010

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 1 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

30-Jun-2010

CODE

USA ENGINEER DISTRICT, NORFOLK

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1096

W91236 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91236-10-R-0018

The following has been added:

SECTION E

INSPECTION, ACCEPTANCE AND INVOICING CALCULATIONS

1. INSPECTION

1.1 Contractor Quality Control Program

The Contractor shall perform inspections of work performed as defined in the Contractor developed Quality Control Program. This program shall be structured so that at a minimum a representative sample of work performed is inspected and inspection frequency is increased if defects are identified.

1.2 Contractor Inspections

Upon completion of work, the Contractor shall inspect, test and document all services called for by the Contract. The COR, or other authorized personnel, will monitor the Contractor's execution of the inspection and supervision of all services called for by the contract. The COR, or other authorized personnel, may perform spot inspections of performance, as necessary. The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. Inspections shall be done on work over the limit of liability prior to invoicing.

When the Contractor is satisfied with compliance with the terms of this contract, the completed Work Request shall be indicated as such. The Contracting Officer’s Representative, or person assigned by the COR, will then conduct any desired inspections. If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may:

• Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements.

• Reduce the invoice to reflect the reduced value of the services performed. Reductions will be based on actual area, unit, customer complaints and/or man-hours by non-performance.

1.3 Government Quality Assurance Program

Each item of the work rendered under the Contract is subject to Government inspection during any or all times of the Contractor's work and after completion of the tasks. The Contractor shall make his facilities available to Government personnel for surveillance activities, such as in-progress inspections and materials inspections. The Government will evaluate the Contractor’s performance under this contract using a structured Quality Assurance Program.

All surveillance observations will be recorded by the Government. When an observation indicates defective performance, the COR will notify the Contractor of the defective measure and provide a copy of the report. The Government's QA program is not a substitute for Contractor's quality control.

1.3.1 Inspection Methods

Both scheduled and unscheduled surveillance will be used to look at total or parts of the work. The Quality Assurance samples may or may not include samples evaluated as part of the Contractor’s QC program at the discretion of the Government. The methods of surveillance that may be used are listed below:

• Random Sampling

• 100% Inspection

• Work Request Audit

• Unscheduled Inspection

• Customer Complaints

1.3.2 Inspection Checklist

The Government may notify the Contractor of Government inspection results using various checklists or may do so verbally. Verbal notifications of defective work will be confirmed in writing but are intended to allow the Contractor to make corrections immediately if desired. When Government inspectors are unable to contact Contractor to notify Contractor of inspection results, acceptance or rejection of work will be made on the basis of the initial inspection and will be confirmed in writing.

1.4 Performance Evaluation Meetings

The Contract Manager will be required to meet at least weekly with the Contracting Officer’s Representative (COR) during the first 90 days of the Contract. Meetings will be monthly thereafter unless more frequent meetings are necessary. Meeting frequency will be at the discretion of the Contracting Officer and the Contracting Officer’s Representative.

Concurrent with the meetings shall be a performance evaluation as specified herein. Written minutes of these meetings shall be prepared by the Contractor and signed by the Contract Manager, and the COR. Should the Contractor or the COR not concur with the minutes they shall so state any areas of nonconcurrence in writing within seven calendar days of receipt of the signed minutes.

1.5 Discrepancy Report Review Meetings

A mandatory meeting will be required within 48 hours of the issuance of a Contractor Discrepancy Report. Mutual effort will be made to resolve any and all items identified in the report. Written minutes of these meetings shall be prepared by the Contractor and signed by the Contract Manager and COR. Should the Contractor not concur with the minutes, the Contractor shall so state any areas of nonconcurrence in writing to the Contracting Officer within seven calendar days of receipt of the signed minutes.

2. ACCEPTANCE

The COR will evaluate findings of the Government Quality Assurance Program and determine the level of acceptance to both Preventive Maintenance and Demand Maintenance/Repair work included in each invoice.

2.1 Preventive Maintenance

2.1.1 Quality of Work

Acceptable work will be that which is fully completed, is done in accordance to the work order initiated with performance to Contract and industrial accepted standards.

Government inspections will be made according to the surveillance method(s) included in the Government Quality Assurance Program. Defects are Contractor's failure to meet contract provisions, standards and specifications as described herein. Only defects outstanding at the time of invoicing will be considered in the percentage of defects found.

2.1.2 Timeliness of Work

The Government Quality Assurance Program will include the random evaluation of timeliness of preventive maintenance work order completion. Work orders completed within 10 work days of the scheduled completion date will be considered acceptable.

2.2 Demand Maintenance and Repair

2.2.1 Quality of Work

This includes both demand maintenance and repair below the Limit of Liability and those above the limit of liability. Acceptable work will be that which is fully completed, is done in accordance to the work order or proposal agreed to by the COR and is done in conformance to Contract and industrial accepted standards. Government inspections will be made according to the surveillance method(s) included in the Government Quality Assurance Program. Defects are Contractor's failure to meet contract provisions, standards and specifications as described herein. Only defects outstanding at the time of invoicing will be considered in the percentage of defects found.

2.2.2 Timeliness of Work

The Government Quality Assurance Program will include the random evaluation of timeliness of completion of demand maintenance and repair projects. Completion will be considered acceptable when the project is completed in the allowed time frame as noted on the proposal or work order approved by the Government. Since these projects will require individual approval and may be delayed because of funding or other measures, required time period for completion will not begin until Notice to Proceed is received by the Contractor from the COR. Delays outside the Contractor’s control, such as vender caused material delays, will be considered when evaluating the timeliness of each project.

2.3 Rejection

When Contractor's performance does not meet contract provisions, is not performed in accordance with the approved work plan, is not performed in accordance with the standard/specification, was not performed within the allowed time frame, or is not completed in its entirety, it will be considered to be defective and will be rejected. The Contractor shall 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 work rendered will be calculated as stated in paragraph titled Contractor Payment.

2.4 Re-Performance of Defective Work

The work required by the contract may be subject to correction by re-performance, and the Contractor will be required or entitled to re-perform, or otherwise correct defective work for the purpose of avoiding a reduction in the full contract price.

2.4.1 Re-Performance

At the sole election of the Government and upon notification to the Contractor, the Contractor will 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 shall be notified promptly after inspection that specified defective work will be re-performed or performed late, and completed, from Contractor's receipt of inspection checklists, within the re-performance period 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. Contractor's re-performed work shall comply with the same requirements as the initial work. Acceptance or rejection will be made on the basis of the final reinspection.

2.4.2 Re-Inspection

When the Government required re-performance of defective work disclosed by inspection, the Contractor's original inspection results shall not be modified upon reinspection since the sample reflects only a portion of the work lot. Where re-inspection is required, a fee of $50 per re-inspection will be deducted from the monthly Contractor’s payment.

3. INVOICING AND PAYMENT

3.1 Initial Invoice

The initial invoice submitted by the Contractor shall include the following:

• All costs associated with mobilizing.

• Cost for Purchasing SchoolDude License(s)

3.2 Monthly Invoices

3.2.1 Preventive Maintenance

Preventive maintenance will be paid on the basis of the annual cost prorated over twelve months when the number of defectives found during Contract surveillance does not exceed the Acceptable Quality Level (AQL). This will include all work within the Contractor’s Limit of Liability.

The Contractor shall perform preventive maintenance as scheduled by the SchoolDude CMMS; and demand maintenance and repair projects as requested by the Contracting Officer, Contracting Officer’s Representative and as required in the Contract of Services in the required timeframe. Each month the Contractor shall prepare an invoice consisting of the prorated monthly cost of performing maintenance and repair below the Limit of Liability included in the fixed cost portion of this Contract.

3.2.2 Demand Maintenance and Repair

Proposals will be required for all demand maintenance projects and repair requirements over the limit of liability with invoices submitted monthly. Payments for this work will be made when the work has been fully completed, inspected and found to be free of defects. No progress payments will be made on this work. Only costs above the limit of liability will be made. Individual line items for all demand maintenance or repair projects will be required. Detailed cost summaries for each project over the limit of liability, including a breakout of labor and material utilized, and indicating the reduction based on the limit of liability shall be included with invoice. Employees utilized, their classifications and labor rates shall be clearly identified. Additionally, a copy of each completed Work Request and receipts for those supplies or materials purchased or equipment rented shall be attached to the invoice.

The Contracting Officers Representative will verify the validity of the invoice as submitted, perform any deductions as specified herein, if required, and submit it to the Contracting Officer for payment.

3.3 Contractor Payment

3.3.1 Acceptable Performance

When contract performance meets all the requirements and is equal to or less than the AQL, the Contractor shall be paid the full contract price.

3.3.2 Unacceptable Performance

If performance does not meet the AQL and performance is deemed unacceptable, the Government will not pay the full task value percent for that service. The payment for listed services which do not meet the AQL will be calculated as described below.

3.4 Preventative Maintenance Payment Calculation

When the number of defectives found by Government Quality Assurance Program, customer complaint, equipment failures after repaired or otherwise identified, the percentage of lot found in excess of the acceptable quality level will be deducted from the monthly contract payment.

Assuming that the AQL is 5%, a monthly amortized payment for PM requirements of $30,000 and an inspection lot size of 40 with 5 defects found during QA inspections. The payment computation is as follows:

1) Monthly contract payment $ 30,000

(Bid schedule amount)

2) Acceptable defects 2

(0.05 x 40 = 2)

3) Defects exceeding acceptable 3

(5 – 2 = 3)

4) Percentage of lot beyond AQL 7.5%

(3 / 40 = 0.075, or 7.5%)

5) Deduction for unacceptable work $ 2,250

(0.075 x $ 30,000 = $ 2,250)

6) Penalty for reinspection following defect correction $ 250

(5 x $50 = $ 250)

7) Total Deduction from invoice $ 2,500

(Line 5 + Line 6)

8) Monthly payment for PM Services $ 27,500

(Line 1 – Line 7)

4. RIGHTS AND REMEDIES

The rights of the Government and remedies described in this document are in addition to all other rights and remedies set forth in the contract. Specifically, the Government reserves its rights under the inspection of Services, Termination, and Default clauses. The PRS implements that part of the Inspection of Services clause which allows the Government the right to require Contractor re-performance, and/or reduce the payments made to the Contractor for work not performed acceptably. Any deductions pursuant to the PRS shall reflect the reduced value of work performed under the contract. The Contractor shall not be relieved of full performance of the work hereunder and may be terminated for default based upon inadequate performance even if a deduction was previously taken for the unsatisfactory performance.

Only one method will be used at a time to evaluate a listed task during an inspection period for payment computation purposes. The Government is not restricted to the inspection method. The Government may change surveillance method(s), quality assurance procedures, and increase or decrease the degree of surveillance based upon contract modifications, lessons learned, technological changes, surveillance documentation and changes to the Contractor's quality control system.

3.4 Preventative Maintenance Payment Calculation