W912ER15T00190001.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

The purpose of this amendment is to incorporate changes to the Statement of Work. No other changes w ere necessary and all terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 15

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

16C. DATE SIGNED

BY 01-Jul-2015

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 W912ER-15-T-0019

X 9B. DATED (SEE ITEM 11)

30-Jun-2015

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

01-Jul-2015

CODE

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

W912ER 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ER-15-T-0019

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

STATEMENT OF WORK

Statement of Work Maintenance and Spare Parts Contract

Chaparral, Hawk, TOW, Stinger and Sparrow Missiles Egypt

The U.S. Army Corps of Engineers (USACE), Transatlantic Division, Middle East District (TAM), is seeking to award a new, fully competed, Firm-Fixed-Price (FFP) contract to provide support to the Chaparral, Hawk, TOW, Stinger and Sparrow Missiles in Egypt. The support includes maintenance, repair and the spare parts needed to affect this support for the equipment and material referenced in Appendix A. Only those items listed in Appendix A will be supported by this contract. No support is being provided directly to the missile systems themselves.

1. REQUIREMENT:

a. The selected Contractor shall provide a properly sized maintenance organization and workforce to successfully accomplish the maintenance and repair actions required.

b. This includes both U.S. and local/in-country based staff to promptly and efficiently provide the services required.

c. The selected Contractor shall conduct an initial inspection of all items listed in Appendix A sixty days after receipt of the contract award. Following completion of this initial inspection the Contractor shall submit a report of their findings in which they will list the items inspected, their condition, whether they are operational, and the spare parts and maintenance/repair actions required to correct any deficiency or issue. This report is to be submitted within 15 calendar days of inspection completion to the Contracting Officer and the Program Manager. The Contractor’s representatives shall also brief the Egyptian Air Defense staff and the Corps of Engineers in-country Contracting Officer Representative of their findings immediately following the inspection.

d. The initial inspection report shall be reviewed by the Government of Egypt and the U.S.

Corps of Engineers and those items of critical importance to the operation and sustainment of the Egyptian Air Defense program will be noted for action. The Contracting Officer shall issue a request for proposal for the selected items and the Contractor shall submit a proposal in response.

Pricing will be reviewed, and once a fair and reasonable price is agreed upon a notice to proceed shall be issued by the Contracting Officer. Funding for this action shall come from the Not-To- Exceed CLIN 0004.

e. Following the initial repair actions the selected Contractor shall continue to inspect the equipment and materials listed in Appendix A on a bi-weekly basis and submit a monthly inspection report of their findings to the Contracting Officer within five calendar days of the first day of each month. Monthly report shall combine the results of the bi-weekly inspections into one report. This report shall be similar to the initial inspection report above as it should state the items inspected, their condition, whether they are operational, and the spare parts and maintenance/repair actions required to correct any deficiency or issue. As part of the bi-weekly inspections the Contractor shall perform routine maintenance that can be accomplished using the spare parts on site (see below). Items that are found to be in need of immediate action, and cannot wait for the Monthly Report, shall be forwarded to the Contracting Officer within two calendar days of observance.

f. This Monthly Inspection Report will be used to develop contract actions and direction to the selected Contractor to correct the deficiencies/issues and bring the items back to full operating condition. This will also be funded from the Not-To-Exceed CLIN 0004.

g. In addition to the above, the selected Contractor shall respond within 24 hours of all urgent calls from the Host Nation or the local Corps of Engineers Contracting Officer’s Representative.

This response is to determine the items under duress and to provide recommendations for correction. The Contracting Officer will review these recommendations and provide proper direction to proceed; this will be from Not-To-Exceed CLIN 0003.

h. The selected Contractor will also maintain sufficient stock of spare parts for immediate use to perform the maintenance/repair actions required. This is to keep the noted missile systems at a fully capable and ready state. Initial procurement of spare parts shall be based on an initial site survey to be accomplished by the Contractor within 60 days of award. The Contractor shall inspect all equipment and materials listed in Appendix A, note the spare parts already on-site, and submit a comprehensive report on the additional spare parts required to the Contracting Officer within 15 calendar days of the initial site survey completion. Prior to submitting the report the Contractor’s staff will review the information with the Corps of Engineer’s Contracting Officer Representative and the Egyptian Air Defense staff. Spare parts required will be purchased depending upon availability of funds under Not-To-Exceed CLIN 0002.

Additional spare parts may be purchased as product is used. This will be based on the bi-weekly inspections, and will be authorized via Contracting Officer direction utilizing CLIN 0002.

i. The selected Contractor’s in-country or local support staff shall be fully trained and have the experience and capability needed to promptly access the condition of the materials and equipment in the workshops and provide immediate assistance once directed. The U.S.

Government and Egyptian Government are looking for firms who have experience and knowledge with the items noted in Appendix A and who can immediately render support and service.

j. Monthly the selected Contractor shall provide an After Action Report (AAR) to the Contracting Officer indicating the work performed to resolve the issue or deficiency and the date of acceptance. This information can be combined with the Monthly Inspection Report.

The Contractor shall also notify the Contracting Officer and Program Manager monthly of the status of the Not-To-Exceed CLINs and the current balances on each. As part of this report the Contractor shall highlight any CLIN where there is equal to or less than 20% of the Not-To-Exceed amount available. As with the AAR this can be included in the Monthly Inspection Report.

k. An acceptance inspection shall be conducted by the Host Nation and Corps of Engineers representatives upon notification from the Contractor on-site representative that the repair/maintenance action is complete. This inspection will be promptly coordinated and conducted. The Corps of Engineers Contracting Officer’s Representative shall sign off on each action once the work is accepted and monthly payment will be in accordance with invoice information presented below.

l. It is the selected Contractor’s responsibility to obtain Base Passes to perform the actions addressed above. The Contractor shall follow all procedures stated below to obtain security clearance to gain access to the work sites. Note that it takes at least 45 days to obtain base passes.

m. Work Hours:

Wadi Houf: Saturday through Wednesday-8:30 AM to 2:30 PM Thursday-8:30 AM to 1:30 PM Friday: no work unless an urgent request is received

Almaza: Saturday through Wednesday-8:00 AM to 4:00 PM Thursday-8:00 AM to 1:30 PM Friday: no work unless an urgent request is received

2. CONTRACT LINE ITEM NUMBER (CLIN) STRUCTURE:

a. CLIN 0001: Inspection/Routine Maintenance-this is a Firm-Fixed-Price for the initial and bi-weekly inspections of the items listed under Appendix A including routine maintenance.

b. CLIN 0002: Spare Parts-this is a Not-To-Exceed Price for providing spare parts to accomplish the maintenance and repair actions under CLIN 0001 and to maintain a stock of immediate available parts.

c. CLIN 0003: Urgent Inspections/Repairs-this is a Not-To-Exceed Price for performing the urgent inspections and repairs authorized by the Contracting Officer.

d. CLIN 0004: Normal Repairs-this is a Not-To-Exceed Price for performing the approved repairs noted in the initial and bi-weekly inspections and in the Monthly Inspection Reports.

3. GOVERNMENT FURNISHED SERVICES:

a. The Host Nation will provide all required electricity, water, sewer and other utilities as needed for the selected Contractor’s inspection, repair and maintenance activities.

b. The Host Nation will provide any operation and maintenance manuals that exist in relation to the items supported and listed under Appendix A.

c. The Host Nation will provide storage space at Almaza and Wadi Houf to store the spare parts procured under this contract.

4. KEY PERSONNEL:

The selected Contractor shall provide an in-country point of contact (POC) for the Contracting Officer’s Representative to coordinate actions. POC shall be an employee of the selected Contractor or a subsidiary of the firm. It shall not be a subcontractor. POC shall have the ability to speak on behalf and for the selected Contractor but does not need to have financial authority.

5. TOOLS:

The selected Contractor shall provide all required tools and ancillary items needed to complete the required repair/maintenance action. They are not expected to rely on the Host Nation for this support.

6. WARRANTY:

The selected Contractor shall warranty all repairs and maintenance actions for one year from acceptance and shall provide all ancillary warranties from the spare parts manufacturers.

7. PERIOD OF PERFORMANCE:

The period of performance for this contract is one year from contract award. Additional one year options to extend the contract may be added dependent upon availability of funding and satisfactory performance.

8. IDENTIFICATION OF EMPLOYEES

The selected Contractor shall be responsible for furnishing to each employee engaged in the work to display such identification as may be approved and directed by the Contracting Officer.

All prescribed identification shall immediately be delivered to the Contracting Officer or a duly authorized representative for cancellation upon the release of any employee. When required by the Contracting Officer the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project. It is the Contractor’s responsibility to contact the Contracting Officer to enquire if fingerprints are required.

9. CONTRACTOR PROVIDED SERVICES:

a. The Contractor shall provide all transportation, meals, and lodging for their employees who travel to Egypt in support of this action. All travel associated with this requirement shall be in compliance with the Joint Travel Regulation (JTR).

b. The Contractor is responsible for obtaining all clearances, visas, immunizations, travel arrangements, etc., necessary for their employees to enter the project site and perform work in Egypt.

10. ACCIDENT PREVENTION:

The Contractor shall comply with all applicable Egyptian laws and regulations and all applicable provisions of the current U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. Manual can be downloaded from the following web site:

http://publications.usace.army.mil/publications/eng-manuals/EM_385-1-1_languages/EM_385- 1-1_English_2008/toc.html

An Accident Prevention Plan (APP) shall be prepared to preclude potential accident/incidents on the job. The Contractor shall prepare and submit to the Contracting Officer the APP fifteen days after award and shall identify potential hazards found on the job. This shall include an Activity Hazard Analyses (AHA) applicable to the work covered by the plan.

An AHA is a tool designed to identify and mitigate hazards associated with the work. This may include situations not experienced in previous project operations or incidents where a new work crew or subcontractor is required to perform specialty work. EM 385-1-1, “Safety and Health Requirements Manual”, provides the form’s suggested format.

It is the Contractors’ responsibility to ensure that its personnel comply with the requirements of EM 385-1-1 and the APP. Failure to meet this responsibility will result in various actions as directed by the Contracting Officer including, but not limited to, removal of offending Contractor personnel, work stoppage and contract termination.

Copies of the APP will be maintained in the Contractor’s offices. This plan will be reviewed with the COR on a regular basis to ensure that accident prevention remains a top priority.

11. CONTRACTOR LIAISON WITH FOREIGN GOVERNMENT:

All communication by the Contractor with officials, representatives and/or offices of the Government of Egypt in all matters pertaining to the work to be accomplished under this contract shall be through and in full liaison with the Contracting Officer and/or the specified Contracting Officer's Representative.

12. USACE POINTS OF CONTACT:

Contracting Officer:

Jean L. Birdsell

Phone: 540-665-2617 Email: Jean.L.Birdsell@usace.army.mil

Contracting Specialist:

Holly K. Watson Phone: 540-665-2592 Email: Holly.K.Watson@usace.army.mil

Program Manager:

David L. Worthington Phone: 540-665-3939 Email: David.L.Worthington@usace.army.mil

Point of Contact in Egypt:

Tamer Kafafi Phone: 540-542-1135 Email: Tamer.S.Kafafi@usace.army.mil

13. FREIGHT FORWARDER:

Radiant Global Logistics 7465 Candlewood Road, Suite M Harmons, MD. 21077 Telephone: 410-859-4170 Fax: 410-859-3105

14. COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS:

a. The laws of host country, Egypt, may prohibit access to certain areas of the country that are under military control. The Contractor shall be responsible for advising the Contracting Officer's Representative of the names of personnel, type and amounts of equipment, dates and lengths of time required at the site, and purpose of entering the host country, so that proper clearances may be obtained from the Host Government. It is understood that areas to which rights of entry are provided by the Host Government are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the Host Government.

b. The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors on fixed-price contracts.

The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price.

1. Official language and type of accounts satisfying the officials of the local Government.

2. Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for a regular block of visas will be accepted.

3. Passports, health and immunization certificates, and quarantine clearance.

4. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

5. Strikes, demonstrations, and work stoppage.

6. Collection through withholding and payment to local Government, of any Host Country income tax on employees subject to tax.

7. Arranging to perform work in the host country, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

8. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of local labor employed in comparison to others.

9. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

10. Compliance with workmen's compensation laws and contributions into funds.

Provisions of necessary technical service for Contractor employees.

11. Special license required by the local Government for setting up and operating any manufacturing plant in the host country, e.g., concrete batching, precast concrete, concrete blocks, etc.

12. Sales within the host country of Contractor-owned materials and equipment.

13. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

14. Identification and/or registration with local police of imported personnel.

15. Stamp tax on documents, payments and payrolls.

16. Base passes for permanent staff, day laborers, motor vehicles, etc.

17. Compliance with all customs and import rules, regulations, and restrictions, including, but not limited to, local purchase requirements.

c. The following procedures have been established for security clearances for site access by U.S. and Egyptian citizens. It is the Contractor's responsibility to ascertain the accessibility of the site to personnel of other nationalities and the procedures to be followed in this case. Final authorization for base pass approval is at the discretion of the host government. The procedures below are to be undertaken for the security clearance to gain access to the work site.

Approximately 45 calendar days are required by the Egyptian Air Defense to process base passes once all required information is submitted and received by them.

FOR U.S. CITIZENS (Contractor and subcontractor personnel):

(1) Initially, a temporary pass (15 days pass) is issued. These temporary passes take 30 days to process, under ideal conditions, after receiving the following information:

(a) Original and six photocopies of a one-page, fill-in-the-blank, and data form for each applicant - sample form available at the Corps offices in Cairo and Winchester, VA.

(b) Photocopy of applicant's passport.

(c) Eight (8) personal passport size photos of each applicant.

(2) Application for the permanent pass (6-Months pass) must include:

(a) Original and six photocopies of the data form mentioned above.

(b) Photocopy of applicant's passport.

(c) Eight recent photographs of the applicant.

FOR EGYPTIAN CITIZENS (Contractor and subcontractor personnel):

(1) Initially, a temporary pass (1-month pass) is issued and will be renewed until a permanent pass is processed. These temporary passes take 30 days to process, under ideal conditions, after receiving the following information:

(a) Four photocopies of Egyptian ID card.

(b) Original and four photocopies of a one-page, fill-in-the-blank data form (sample available).

(c) Eight (8) personal passport size photos of each applicant.

(2) Application for the permanent pass (1-year pass).

(a) Application for the permanent pass (1-year pass) must include:

Four photocopies of Egyptian ID card.

Original and four photocopies of the data from mentioned above.

Eight recent photographs of the applicant

FOR VEHICLES:

The Contractor shall provide a list of vehicles and update it to ensure that the military guards at the gates have a current list. List shall be coordinated with the on-site Contracting Officer’s Representative.

FOR TOOLS AND EQUIPMENT:

a. The PM is responsible to report at the Base Main-gate entrance all tools, equipment, computers, cameras, and other equipment that will be used during the inspection, so it can leave the base at his departure.

b. The Egypt Point of Contract will assist in the above process with Base Security Officer.

However, the host nation is responsible for base access and for allowing contractor employees to access the site. The Contractor shall notify the Contracting Officer should base access be an issue.

15. DUTIES, TAXES, AND LICENSE FEES:

a. All materials, equipment and supplies that are for use and/or incorporation into the project are exempt from taxes, duties, and license fees under the terms of the Agreement between the Government of the United States and the host Government (Egypt). The Contractor warrants his price for this contract is exclusive of any such charges.

b. If after the date of this contract and except for the provisions of paragraph c. below, the Contractor is required by the host Government to pay any such taxes, duties, or license fees paid directly to the host Government on materials, equipment, and supplies for use and/or incorporation into this project, he shall notify the Contracting Officer in writing. Upon satisfactory proof of the payment of such duties, taxes, or license fees, the Contractor will be reimbursed for the amount of payment therefore. Taxes must be paid per FAR 31.205-41(2) in order for them to be reimbursable.

c. Contractor owned or controlled material, equipment and supplies sold or disposed of by the Contractor may be subject to the imposition of local duties and within the Host country taxes.

No reimbursement will be made under this clause for such transactions.

16. HOST COUNTRY TAXES AND FEES:

a. The Government of Egypt, its agencies, and political subdivisions shall levy no taxes or fees (including taxes on individual or corporate income or property customs or import duties, and other taxes on employee personal household goods, supplies and personal effects imported into Egypt for personal use) on the Contractor, its subcontractors, the employees of either and the dependents of such employees. This tax exclusion does not apply to the Government of Egypt taxes levied on the purchase of personal household goods, supplies or personal effects or automobiles in Egypt by the employees of the Contractor or employees of its subcontractors.

This paragraph does not apply to Egyptian employees of the Contractor or Egyptian subcontractors or their employees.

b. If, notwithstanding the above, taxes, duties or similar charges are imposed by the Government of Egypt, under the excepted circumstances described above, the costs thereby incurred by the Contractor shall be reimbursed in the amount of payment therefore.

17. REQUIRED INSURANCE:

a. The Contractor shall procure and maintain during the entire period of his performance under this contract the insurance required by Federal Acquisition clause 52.228-3, "Workmen's Compensation Insurance.

b. The Contractor shall submit a copy of their insurance documents to the Contracting Officer within 10 calendar days after contract award. Prior to commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed in no event less than 30 calendar days after written notice thereof to the Contracting Officer.

18. SAFEGUARDING OF INFORMATION:

The personnel employed on this contract may, in the performance of their assigned duties, have access to data and information pertaining to location of goods, supplies, parts, equipment, vehicles, and explosives. Knowledge of this nature is considered restricted security information.

This information shall be protected and safeguarded against disclosure to any unauthorized person or party and shall be furnished or used on an official "need to know" basis only.

Safeguarding of information is extended to dependents and guests of employees, who may, in any manner, obtain knowledge of the Host Government military capacity. Taking of photographs on-site at Wadi Hof is prohibited.

19. SUBMISSION OF MONTHLY INVOICES:

a. Monthly Invoices shall be prepared and submitted in accordance with FAR Clause 52.212- 4 Terms and Conditions Commercial Items. One copy shall be marked "ORIGINAL".

b. Each invoice must be accompanied by the following:

1. Certificate of Conformance indicating Contractor conformance to the requirements of the contract.

2. A copy of the Material Inspection and Receiving Report (DD Form 250) signed by the Contracting Officer's Representative or the Alternate COR.

c. The Program Manager must receive a copy of the signed Material Inspection and Receiving Report and the Certificate of Conformance before payment will be authorized for services performed and supplies received. The Program Manager's copies must be sent to the address shown above in paragraph 12.

d. Final Pay Invoices must be accompanied by a release of claims in addition to the information requested above.

e. Failure to provide the required information will result in the rejection of the invoice and a request for a revised invoice that meets the contract requirements. Payment will not be authorized until a proper invoice, meeting the requirements stated herein, is provided.

f. Payment of a proper invoice will be made within 30 days of receipt.

20. CONTRACTOR QUALITY CONTROL:

The Contractor shall provide its own Quality Control system to ensure that the terms and conditions of the contract are met. The Quality Control system shall be overseen by the in-country representative and must result in quality work to be successful.

The Contractor shall prepare and submit to the Contracting Officer a Quality Control Plan outlining its approach which will ensure that quality work is obtained on a daily basis. This plan shall be submitted to the Contracting Officer within fifteen days after award.

21. PERFORMANCE METRICS:

The Contractor’s performance will be rated per the attached metrics. This is not the only tool that will be used to evaluate Contractor’s performance, but it is the first step or action in the process.

Note that the COR will distribute the client or customer questionnaire monthly and will seek their opinions as to the contractor’s performance. These questionnaires will be released to the Contractor at the discretion of the Contracting Officer.

Issues with Contractor performance will be addressed with the Contractor by the Contracting Officer. This will be done in a timely manner so that all issues are quickly resolved.

Required Service

Performance Standards

Acceptable Quality Levels

Method Of Surveillance

Incentive (Negative) (Impact on Contractor Payments)

The contractor shall conduct bi-weekly inspections of the equipment and materials listed in

Appendix A (paragraph 1.e)

Contractor shall conduct bi-weekly inspections on-time and on schedule

90% of all bi-weekly inspections are completed on-time and on schedule

Monthly reports, periodic and/or random, observations, customer surveys or user complaints

Contractual remedies

(See paragraph 9 above)

The contractor shall submit the Monthly Inspection Report within five calendar days of the first day of each month (paragraph 1.e)

Contractor shall submit the Monthly Inspection

Report within five calendar days of the first day of each month

90% of the

Monthly Inspection

Reports are submitted on time.

random, observations, customer remedies

(See paragraph 9 above) promptly respond to urgent calls (paragraph 1.g) respond within 24 hours of all urgent calls from the Host Nation or the local Corps of Engineer’s Contracting

Officer’s Representative.

100% of all urgent calls are responded to within 24 hours unless base access is denied.

random, observations, customer remedies (see paragraph 9 above)

The Contractor shall notify the Contracting Officer and Program Manager whenever 20% or less of the

NTE amounts remain (paragraph 1.j)

Contractor shall include this NTE status within their Monthly Inspection Reports

(i.e., reports on NTE amounts that are equal to or less than 20% monthly)

90% of the 20% or less NTE standard is reported monthly to the Contracting

Officer and Program Manager random, observations, review of contractor pay estimates

Parts, supplies and services provided by the Contractor for the equipment maintained have been properly paid (paragraph 19) provide the KO monthly reports that show that the invoices paid for parts, supplies and services are on-time.

90% of all invoices are timely and accurate.

random, observations, review of contractor pay estimates

Customer or client surveys indicate overall satisfactory performance or better by the contractor (paragraph 21)

Contractor is required to at least attain an overall “Satisfactory” rating on all customer or client surveys.

Overall

Satisfactory or better rating monthly random, observations, customer

22. CONTRACTOR'S DATA SUBMITTAL REQUIREMENTS:

The Contractor is required to furnish the following data submittal as specified:

a. WARRANTIES: Provide copies of warranties to the COR and Project Manager.

b. QUALITY CONTROL PLAN: Provide a quality control plan that describes how quality work will be obtained.

c. ACCIDENT PREVENTION PLAN: Provide an accident prevention plan that describes how the work site will be maintained on a daily basis in a safe and clean manner. Included in this plan is the Activity Hazard Analysis (AHA) which is designed and developed to specifically identify and mitigate hazards associated with the work.

23. CONTRACTOR'S DATA SUBMITTAL SCHEDULE:

a. Submittals requiring approval by the Contracting Officer are so designated in the Submittal Schedule below. In the event data submittals are rejected and returned to the Contractor for correction and resubmission, the Contractor shall submit acceptable data to the Government within 10 calendar days after receipt of initial rejection. All costs for resubmission of disapproved submittals shall be borne by the Contractor.

b. The required submittal(s) shall be forwarded in the designated number of copies at the times listed on the Submittal Schedule below. Note: All times listed in the Submittal Schedule are CALENDAR DAYS. All submittals should be addressed to:

U.S. Army Corps of Engineers, Middle East District ATTN: Mr. David L. Worthington P.O. Box 2250 Winchester, VA 22604-1450

THE ITEMS LISTED BELOW REQUIRE SUBMITTAL APPROVAL BY THE

CONTRACTING OFFICER OR HIS AUTHORIZED REPRESENTATIVE.

REQUIRED SUBMITTAL SCHEDULE:

DESCRIPTION DELIVERY DATES NO. OF COPIES

Insurance Documents within 10 calendar days after award 2

Accident Prevention Plan within 15 calendar days after award 2

Quality Control Plan within 15 calendar days after award 2

Monthly Report (bi-weekly insp.) within 5 days of the first of each month 3

Urgent Call Reports within 24 hours of notice 2

Initial Site Survey within 15 calendar days of survey completion 3

After Action Report within 5 days of the first of each month 3

(End of Summary of Changes)