W912BV20Q0045 Support Services.pdf
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- Technical Expert for Hydropower Program Support Federal contract opportunity
- Solicitation number
- W912BV20Q0045
About this file
This document provides details of a federal contract solicitation for technical expert support services. The U.S. Army Corps of Engineers, Southwestern Division, Tulsa District will issue solicitation W912BV20Q0045 seeking technical support services for the Hydropower Program. The requirement is a 100% small business set-aside under NAICS code 541690 with a size standard of $16.5 million. The contract will have a firm fixed price basis for a base period with option periods. Quotes are due by March 27, 2020 and award is anticipated on or around April 15, 2020. The solicitation will be issued via SAM.gov and all amendments must be signed and submitted with offers.
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SEE ADDENDUM
(No Collect Calls)
W912BV20Q0045 27-Feb-2020
b. TELEPHONE NUMBER
918-669-7078
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 27 Mar 2020
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912BV9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
DOUGLAS D BUFFINGTON
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
CONTRACTING DIV
US ARMY CORPS OF ENGINEERS, TULSA DISTRICT
2488 E. 81ST STREET
TULSA OK 74137-4290
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
918-669-7436FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$16,500,000
NAICS:
541690
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF57
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W912BV20Q0045
Section A - Solicitation/Contract Form
INSTRUCTIONS TO OFFERORS
Instructions to Offerors
Read the solicitation in its entirety and all amendments before submitting documents. Payments will be made after receipt of a proper invoice and receipt of acceptable supplies or services. Regular office hours: Monday to Friday, 8:00 a.m. to 4:30 p.m. CST
MAIL, FAX, EMAIL or HAND DELIVER YOUR DOCUMENTS
Do not include excess information, to include audio-visual materials, electronic media, CD’s, thumbdrives, etc. or pages of the solicitation that do not contain information provided by the perspective offeror. NO cross outs or strike through marks. Submit a legible quote with no correction marks.
Emailed quotes must be received in a supported Adobe or Microsoft Office file format. These formats are the only acceptable methods of submitting a quote electronically. Zip Files, Cloud storage providers, google docs, web based drop boxes, OneNote/OneDrive, URLs, web-based format, or any other virtual/web-based memory service are NOT acceptable methods of submitting a quote electronically. All documents must be attached in one file.
Reference the solicitation in the subject line. Send quotes to E-mail address CESWT-CT-SS- Quotes@USACE.Army.mil and copy Douglas.D.Buffington@USACE.Army.mil. Ensure your quote is received before the due date and time. In order for your quote to be considered responsive, all required materials must be received before the due date and time. If all required materials are not received your quote will not be considered.
FAX or MAIL
Include a cover sheet that references the Contract Specialist – Douglas Buffington and the solicitation number.
When submitting through mail ensure you clearly mark the envelope to:
US ARMY CORPS OF ENGINEERS, TULSA DISTRICT
Douglas Buffington, CECT-SWT-E 2488 East 81st Street
TULSA, OK 74137
FAX: (918) 669-7436
Clearly mark the envelope in the lower left hand corner with the solicitation number. All pages should be numbered. Use only 8 ½ by 11 inch paper for fax or mail submissions. Do not use fold-outs (e.g., 11” x 14” or 11” x 17” sheets). Do not use a font size smaller than 10, or condensed print for any submission. Time New Roman or Arial Font are the only acceptable fonts. All page margins must be at least 1 inch wide, but may include headers and footers. Illegible handwritten quotes will not be considered. Typed quotes are highly encouraged and the preferred method. Do not use spring clamps, staples, or exceed the recommended capacity of the fastener or binder.
Do not use plastic multi-hole/spiral binding systems, heat binding systems, or other systems which do not facilitate the ready insertion of additional pages or removal of pages. DO NOT use tabbed dividers, flagged tabs, or any divider that extends beyond the paper size to separate sections. The pages must be able to be removed from their binding without ripping or tearing. Ensure to allow enough time to submit your quote before the due date and time.
HAND DELIVER
If your submission will be hand-carried, please provide notification to the Contract Specialist at least one working day in advance, (918-669-7078) or Douglas.D.Buffington@USACE.Army.mil, as unescorted visitors are not allowed in the Contracting Division offices. Please consider in your arrival that visitors must go through security check points located on the 16th floor of the small tower. Offerors can only submit their documents to the Contract Specialist or a Contracting Officer of the Tulsa District Office. The address of the Tulsa District Office is below:
Douglas Buffington
US ARMY CORPS OF ENGINEERS, TULSA DISTRICT
2488 East 81st Street
TULSA, OK 74137-4290
This procurement is being conducted in accordance with Simplified Acquisition Procedures (SAP) of FAR Parts 12 and 13. Any reference to offers or bids or offerors or bidders should be substituted with quotations or quoters. All reference to discussions shall not be interpreted under FAR Part 15, but rather indicate that the Government may communicate with offerors/quoters as allowed under simplified acquisition procedures.
Submit the following documents:
1) A signed copy of the 1st page of the solicitation and all amendments
2) Complete the pricing schedule provided in the solicitation.
3) Complete all FAR Clauses with applicable blanks filled in from SECTIONS K and L.
4) Provide the Resume’ or Curricula Vitae of personnel performing the service (SECTION C, 1.4.).
5) Provide project documentation relating to past performance.
6) Your quote must identify the business size of the prime contractor and the business name and address of any subcontractors, if applicable, based on the NAICS code identified. Offerors must clearly identify whether a subcontractor(s) will be performing work, the percentage of work to be performed by each subcontractor, and the socio-economic category into which each identified subcontractor falls. (FAR 52.219-14 LIMITATIONS ON
SUBCONTRACTING (DEVIATION 2019-O0003) (JAN 2019))
INQUIRIES – OFFEROR’S QUESTIONS AND COMMENTS
USE OF BIDDER’S INQUIRY
Prospective offerors shall submit questions and inquiries related to this solicitation in accordance with the following (no other means of questions or inquiries will be answered except through Bidder Inquiry):
a. For information related to amendments, and the dates set for receipt of proposals, please check http://www.fedbizopps.gov
b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.
1. To submit and review bid inquiry items, offerors will need to be a current registered user or self‐ register into the system. To self‐register go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e‐mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continues.
2. From this page you may view all bidder inquiries or add an inquiry.
3. Bidders will receive an acknowledgement of their question via e‐mail, followed by an answer to their question after it has been processed.
4. The Solicitation Numbers are: W912BV20Q0045
The Bidder Inquiry Key is: C7GFYP-BVQ66T
5. Address/enter only one question/issue per entry.
c. The Bidder Inquiry System will be unavailable for new inquiries 2:00pm (Central) Friday, 20 March 2020 in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.
d. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.
e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800‐428‐HELP.
f. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.
g. The point of contact for this solicitation is:
Contract Specialist: Douglas Buffington Telephone: 918‐669‐7078 E‐MAIL: Douglas.D.Buffington@usace.army.mil
PREPROPOSAL/SITE VISIT CONFERENCE
A Preproposal Conference/Site Visit is not contemplated at this time.
ANTITERRORISM AND OPERATIONS SECURITY REQUIREMENTS
The Government will provide the successful offeror with the required Army iWatch Antiterrorism Briefing documentation within two (2) business days of Contract Award.
In accordance with AFARS 5132.702(a)(ii)(B): “Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.”
Section B - Supplies or Services and Prices
PRICE SCHEDULE
PRICE SCHEDULE
CLIN DESCRIPTION ITEM QTY COST TOTAL COST
0001 Consolidated Control Technical Job 1 $ $
Recommendation Record of Decision (ROD) as per the requirements at SECTION C to include Travel
0002 Six District Business Processes (BP) Job 1 $ $ as per the requirements at
TOTAL OF BASE $
OPTIONS
1001 Multiyear Consolidated Control Job 1 $ $
Investment Plan (IP) as per the requirements at SECTION C to include Travel
2001 Operator Strategic Organization Job 1 $ $
(OSO) as per the requirements at
TOTAL OF OPTIONS $
GRAND TOTAL $
SUBCONTRACTING SCHEDULE
PRIME CONTRACTOR SOCIO-ECONOMIC CATEGORY % OF WORK TO BE
PERFORMED
SUBCONTRACTOR SOCIO-ECONOMIC CATEGORY % OF WORK TO BE
CAGE AND ADDRESS PERFORMED
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
Technical Expert for Hydropower Program Support
1. GENERAL
1.1 Scope of Work:
Provide technical expert who will also provide technical writing support for two primary deliverables with two options as detailed below. Both primary and Option deliverables are in support of the US Army Corps of Engineers (USACE) Hydropower Program and include the following:
A. Consolidated Control Technical Recommendation Record of Decision (ROD) B. Option CLIN: Multiyear Consolidated Control Investment Plan (IP) C. Option CLIN: Operator Strategic Organization (OSO) D. Six District Business Processes (BP)
1.2 Location of Work:
Work will be in support ofthe USACE Hydropower Asset Investment Manager (POC) located in Dallas, TX.
Location of work can occur anywhere inside CONUS.
1.3 Period of Performance and Scheduled Deliverables:
• Record of Decision: Period of performance should include an initial technical team meeting with interim webinars as needed. The 60% Draft of the ROD delivered to the POC for review within 4 months of contract award. The 90% Draft of ROD delivered to the POC for review within 6 months of contract award. The Final ROD shall be delivered to the POC within 8 months of contract award.
• Option 1 Investment Plan: The 60% Draft of the IP shall be delivered to the POC for review within 2 months of execution of the option. The Final IP shall be delivered to the POC within 4 months of execution of the option. Option may be exercised at the at the Government’s discretion no later than seven (7) months after contract award.
• Option 2 Operator Strategic Organization: Period of performance should include an initial organizational team meeting with interim webinars as needed. The 60% Draft of the OSO delivered to the POC for review within 2 months of the execution of the option. The 90% Draft of the OSO shall be delivered to the POC for review within 5 months of the execution of the option. The Final OSO shall be delivered to the POC within 8 months of the execution of the option. Option may be exercised at the at the Governments discretion no later than 7 months after contract award.
• Business Processes: Period of performance should include an initial team meeting with interim webinars as needed. The 60% Draft of BP delivered to the POC for review within 2 months of contract award. The 90% Draft of BP delivered to the POC for review within 4 months of contract award. The Final BP shall be delivered to the POC within 6 months of contract award.
• Provide travel for 2 persons for 6 onsite 8 hour meetings in the Dallas, TX area with the POC and government representatives.
• Provide monthly 1 hour status update teleconferences with the POC and government representatives during the period of performance
1.4 Other Requirements:
• Consultants must have an understanding of the electric utility industry, including power marketing, rates, power purchasing for firming and replacement energy, and market structures
• Personnel must have a minimum of 10 years of experience in the wholesale electric energy market
• Understanding and experience with USACE/PMA/Preference Customer relationship
• Experience with large hydropower generation across multiple power facilities, geographically dispersed across multiple states.
• Leverage data acquired and available in USACE databases O&M Business Information Link (OMBIL) and Facilities and Equipment Maintenance (FEM), Electric Utility Cost Group (EUCG), hydro AMP and other hydropower industry data clearinghouses.
• All deliverables shall become property of the USACE with editing and distribution rights.
• Deliverables shall not include any proprietary markings.
2. Consolidated Control Technical Recommendation Record of Decision (ROD)
2.1 Scope of Work:
Provide expert consulting and technical writing services to lead a technical team to develop an agreed upon common control system end state to be formalized in a record of decision. There will be technical representatives from USACE and SWPA on the team. Hydropower facilities across the six districts (St.
Louis, Vicksburg, Little Rock, Tulsa, Ft Worth, and Kansas City), located within Southwestern Power Administration’s (SWPA) footprint, have varying control systems installed at various points in their life cycle. As an effort to increase operational efficiencies and reduce operational costs, the six districts agreed to develop a common control system that would remote controls out of Fort Gibson and Table Rock control facilities and provide redundant controls. The task is to identify a common control system for all the hydropower facilities across the six districts and formalize in a Record of the Decision. The Record of Decision in its entirety, will capture the following:
• Technical Concerns
• Criteria used to make the selection
• Previous Lessons Learned from other organizations
• Technical Alternatives and their Pros and Cons
• Final Corporate Technical end state for the regional control system.
2.2 Deliverable Specifics:
A. Final Record of Decision shall be delivered via an editable Microsoft Word document and Adobe PDF.
B. The Record of Decision shall discuss concerns, lessons learned, technical alternatives, Pros and Cons, and the recommended Regional Control System end state in a maximum of 50 pages and should incorporate graphical and tabular data to support a highly visual document.
C. The Final Record of Decision shall also be delivered via an editable Microsoft Power Point
Presentation on USACE slide template with a minimum of 25 and a maximum of 50 slides.
3. Option Task: Multiyear Consolidated Control Investment Plan (IP)
3.1 Scope of Work:
This order will provide expert consulting services, advice, and assistance to support the development of a multiyear Consolidated Control Investment Plan based on the final recommendation identified in the Record of Decision. At a minimum, the plan should be high level and should incorporate the following:
• Current Equipment Condition
• Remaining Equipment Life Cycle
• Infrastructure changes needed at Fort Gibson and Table Rock to accommodate additional equipment
• Optimized FY schedule to converge all facilities to the common control system.
As a sub-tier under each of these categories key issues or specific equipment will be identified that will allow for more detailed reporting at a later date.
3.2 Deliverable Specifics:
A. Final investment plan and high level schedule delivered to POC at conclusion of period of performance period.
B. Structure shall be provided to USACE in editable Microsoft Word document and Adobe PDF for the report and editable Microsoft Project for the schedule
C. The Final investment plan shall also be delivered via an editable Microsoft Power Point Presentation on USACE slide template with a minimum of 25 and a maximum of 50 slides.
D. All deliverables shall become property of the USACE with editing and distribution rights.
4. Option Task: Operator Strategic Organization (OSO)
4.1 Scope of Work:
This order will provide expert consultant and technical writing services to lead a team and develop a framework and recommendation for optimized operator organization to support the consolidated controls end state configuration. This effort will require a manpower analysis of our current operator FTE’s and an Organizational Transition Plan to achieve the end state organization (e.g. attrition, hiring decisions, training requirements, etc.) At a minimum, the plan should identify the following:
• Manpower Analysis
• Lessons learned from other organizations
• Impacts to Operator duties outside of Hydropower (e.g. Security, Navigation, Spillway, etc.)
• Recommended end state organization, to include number of employees total and per shift, with the required blend of position levels of responsibility/titles
• Recommendation for Impacted Duties outside of Hydropower
• New positions required to be added to the organization as a result of centralization
• Budgets for the end state organization by district.
• Recommendations for Transition. Identify any transition gaps (e.g. current training programs, etc.)
• Training needs for the end state organization
• Identify efficiency gains by district for the optimized end state organization.
4.2 Deliverable Specifics:
A. A Report shall be delivered via an editable Microsoft Word document and Adobe PDF.
B. The main body of the report shall contain a summary of the recommended end state organization to ensure the control system is manned 24 hours of the day.
C. Graphs and tabular data should be incorporated to support the manpower analysis and the efficiency gains for moving to the optimized end state organization.
D. The report should not exceed 50 pages in length and should incorporate graphical and tabular data. Detailed information, such as the change in budgets and training dollars needs moving from the current organization to the recommended end state organization, should be included as part of the overall Report. Total report, inclusive of main body and appendices should not exceed 75 pages.
E. Graphical data and tabular data shall be used by USACE to create subsequent Reports.
F. Tabular and graphical data will be provided both within the text of the report and via a single editable Microsoft Excel spreadsheet with one tab allotted to each graph or table along with instructions on how to update each table while discussing the specifics of where the data was obtained.
G. The final report shall be provided via an editable Microsoft Word document with instructions on how to update each section while discussing where data was obtained and references to industry/lessons learned.
H. Final Report shall also be delivered via an editable Microsoft Power Point Presentation on
USACE slide template with a minimum of 25 and a maximum of 50 slides.
I. All deliverables shall become property of the USACE with editing and distribution rights.
5. Six District Business Processes (BP)
5.1 Scope of Work:
Provide expert consulting and technical writing services to lead a team to develop an agreed upon formalized business workflow and business document for the six districts (St. Louis, Vicksburg, Little Rock, Tulsa, Ft Worth, and Kansas City) and three MSCs. The document will capture the following:
• Definitions
• Tracking and Execution of Sub-Agreements (P2 and CEFMS)
• Change Management Process
• Risk Criteria (will require consultation with SWPA)
• Prioritization of Proposed Future Projects
• Standards for Accepting Customer Funds from SWPA and SPRA Customer Trust
• Sub agreement Process and FY Schedule
• Approval Process
• Standardization of Forms
• Emergency Sub agreement Process
5.2 Deliverable Specifics:
A. Final Report shall be delivered via an editable Microsoft Word document and Adobe PDF
B. The Report shall incorporate workflow diagrams, timelines and tables as needed and in a maximum of 75 pages.
C. Workflow diagrams, timelines and tables via a single editable Microsoft Excel spreadsheet and/or Microsoft Visio file along with instructions on how to update each.
D. The Final Report shall also be delivered via an editable Microsoft Power Point Presentation on USACE slide template with a minimum of 25 and a maximum of 50 slides
E. All deliverables shall become property of the USACE with editing and distribution rights.
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
52.246-1 Contractor Inspection Requirements APR 1984
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
Section H - Special Contract Requirements
CLAUSES INCORPORATED BY FULL TEXT
ANTITERRORISM/OPERATIONS SECURITY REQUIREMENTS, Jun 2015
The Contractor shall comply with the following requirements marked with an “X”.
X 1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, 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 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:
http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."
2. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area.
Proposed language: "All contractor and all associated sub-contractors 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/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes."
2a. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). Proposed language: “The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.”
X 2b. For contractors who do not require CAC, but require access to a DoD facility or installation.
Proposed language: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language text required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13 (Antiterrorism). Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact. Proposed language: "All US based contractor employees and associated sub-contractor employees traveling overseas will receive the government provided AOR specific
AT awareness training. The documentation of training completion must be provided to the COR prior to departure.”
X 4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally 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 project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."
5. Contractor Employees Who Require Access to Government Information Systems. This standard language text is for contractor employees with access to government info system. Proposed language: "All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems."
X 6. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. This standard language text is for contractor employees with an area of performance for classified contracts or if the contract employee has access or responsibility to protect critical information. The Contractor, in collaboration with RA OPSEC Officer, shall develop an OPSEC Standard Operating Procedure (SOP)/Plan within 90 calendar days of contract award per AR 530-1 (Operations Security). Proposed language: "The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator."
7. For Contracts that Require OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award. Proposed language: "All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:
https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum."
8. For Information assurance (IA)/information technology (IT) training. This standard language text is for contract employees who need network access and/or working IA/IT functions. Proposed language: "All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment."
9. For information assurance (IA)/information technology (IT) certification. 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 must be completed upon contract award. Proposed language: "All contractor employees supporting IA/IT functions shall be appropriately certified upon contract IAW DoD 8570.01-M, DFARS 252.239-7001 and AR 25-2. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award."
10. For Contractors Authorized to Accompany the Force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed
Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. Proposed language:
"All contractor employees shall ensure the following AT/OPSEC requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces outside the United States; to include compliance with laws, regulations, pre-deployment requirements, and required training in accordance with combatant command guidance."
11. For Contracts Requiring Performance or Delivery in a Foreign Country. DFARS Clause 252.225- 7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. Proposed language: "All non-local contracting personnel will comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor's compliance with combatant commander and subordinate task force commander policies and directives."
12. For Contracts That Require Handling or Access to Classified Information. This clause involves access to classified information, i.e. “Confidential,” “Secret,” or “Top Secret”. Proposed language:
"Contractor shall comply with AR 380-67 (Personnel Security Program) and Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and Contractors) as well as FAR 52.204-2, Security Requirements. Additionally, Contractors must comply with - (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor. For classified contracts, the DD Form 254 will be attached with the contract."
X 13. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction).
Proposed language: "All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas."
14. (FOR CLASSIFIED CONTRACTS ONLY) Contractor Company to obtain a Facility Clearance and individual clearances at the appropriate level. Proposed language: "The Prime Contractor Company must have a Facility Clearance (FCL) at the appropriate level (IAW the NISPOM DOD 5220.22-M and AR 380-49) prior to the start of the contract awarded period of performance. Contractor personnel performing work under this contract must have the required security clearance, per AR 380-67, at the appropriate level at the start of the period of performance. Security Clearances and FCL requirements are required to be maintained for the life of the contract IAW the DD Form 254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the
FCL."
X 15. Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.
16. For contract requiring armed security guards. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. The Physical Security Officer must or will review the PWS/SOW with the Contracting Officer (KO) for accuracy and completeness of AR 190-11 requirements. Proposed language: "All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility policies and procedures on storing weapons and ammunition IAW AR 190-11 (provided by government representative)."
17. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b. Proposed language: "All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training.
Authorized webbased TARP training for CAC card holders is available at the following website:
https://www.us.army.mil/suite/page/655474
(END)
Section I - Contract Clauses
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.247-27 Contract Not Affected by Oral Agreement APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DEC 2019
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2020)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-O0003) (JAN 2019)
(a) Definition. “Small business concern,” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(b) Applicability. This clause applies only to—
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement.
(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—
(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;
(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and
(iii) Take ownership or possession…
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