W91ZRS11R0003.pdf
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Solicitation W91ZRS-11-R-0003 CADS
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US PROPERTY AND FISCAL OFFICE FOR CT
360 BROAD STREET
HARTFORD CT 06105-3706
8605244870 8605244874
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
$7 MIL
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
W91ZRS-11-R-0003 19-Jan-2011
b. TELEPHONE NUMBER
8605244870
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 18 Feb 2011
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
W91ZRS
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE W91ZRS 16. ADMINISTERED BY
US PROPERTY AND FISCAL OFFICE FOR CT
DIANA Y. MARINI
360 BROAD STREET
HARTFORD CT 06105-3706
TEL: 8605483267 FAX: 8605244874
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
DIANA Y. MARINI
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
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
488190
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: 100 % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
W11M9103209000A
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
TEL: EMAIL:
COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
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 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
W91ZRS-11-R-0003
Section SF 1449 - CONTINUATION SHEET
SECTION B
B1. CLAUSES AND PROVISIONS
1.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.
1.2. Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.
1.3 Sections Land M will be physically removed in the award document, but will be deemed to be incorporated, by reference.
B2. GENERAL PROVISIONS
2.1. Contract Line Item Number (CLIN) structure will be in the contract award documents. This is an Indefinite-Delivery/Indefinite Quantity (ID/IQ) contract utilizing Firm-fixed-Price (FFP), and Time and Material/Labor Hours (T&M /LH) Task Orders in accordance with Federal Acquisition Regulation (FAR) Part 16.
2.2. Only the Contracting Officer executing these contracts and the Successor Contracting Officer has the authority to modify the terms and conditions of this contract.
2.3. Any services to be furnished under this contract will be ordered by issuance of Task Orders by the individuals or activities designated in this contract. Pursuant to Section 843 of the National Defense Authorization Act for Fiscal Year 2004 (PL 108-136) such orders may be issued from date of contract award until the last day of the basic contract period and any options exercised, provided the performance period of the task order does not exceed the end of the fifth year of the contract. The total term of the contract, any options or extensions, and any performance there under may not exceed five years. The Government reserves the right to modify this clause to incorporate future statutory changes.
2.4. The Government reserves the right to issue additional solicitations and award additional contracts within the activities covered by this contract. This is not a Requirements Contract.
B3. CONTRACT CEILING AND MINIMUM ORDERS
3.1. Contract Ceiling: The maximum value of the contract will not exceed $75 M over the life of the contract, (Base Year and all Options). This contract ceiling is the government's most optimistic scenario with respect to monetary appropriations, future requirements, and work currently being accomplished by other contract providers.
3.2. Contract Minimums: The minimum guaranteed order is one or more task orders valued at
$2,500.00 for the life of the contract. In the event a task order is not issued within 30 days of contract award, payment may be made at the end of the basic period by issuing an order for $2,500.00 and will be paid only if the contractor is not awarded a task order in the basic year of the contract. The government guarantees this amount over the life of the contract period. No separate guarantee exists for each option year.
B4. LABOR CLASSIFICATIONS
4.1. Labor classifications in the PWS are estimates of the type of personnel required to perform the services covered in the resulting Task Orders. The Government reserves the right to add additional classifications for similar type work based on National Guard requirements.
4.2. The Government will issue performance-based task orders to the Contractor(s) for individual tasks or projects. Performance requirements for individual task orders are developed at the installation where work is to be performed. Each individual task order will specify the task, location, service to be provided, performance measurements, the labor classification the Government has determined applies and if applicable, the Service Contract Act (SCA) Wage determination for Non-Exempt classifications. The Contractor shall provide all necessary labor, supervision, materials and management to accomplish the requirements of the task order.
4.3. The Schedule rates, fixed price or SCA rate times the coefficient, plus SCA fringe; will be used to price individual task orders. When the task order indicates a “job title” not contained in the Schedule, the Government will provide the contractor with the Schedule classification equivalent to the task order job title.
In the event the contractor does not agree with the Government’s assignment, the issue will be resolved by the Contracting Officer.
4.4. Actual DOL Wage Determinations will be issued at the Task Order level as applicable to the areas where services are required.
4.5. DOL’s Labor Standards for Federal Service Contracts, 29 CFR, Part 4, applies to this contract.
The Contractor, regardless of the rate proposed for billing and payment purposes, is required by the DOL to pay non-exempt employees at least the applicable wage determination rate for the specific area(s), if a specific determination(s) exists.
4.6. In the event the Contractor is unable to fulfill requirements in a timely manner, the Government reserves the right to obtain services from another source. A pattern of continued inability to fulfill requirements may constitute the basis for considering remedies under Termination clauses or for not exercising an option period. This is not a requirements contract and the Government reserves the right to obtain services from other sources.
B5. PLACE OF PERFORMANCE
5.1. The need for Contract Aviation Depot Support Services is on a nationwide basis, including the continental United States and the District of Columbia. The Contractor is expected to normally perform work under this contract in various customer agency locations, as well as non-government facilities when applicable.
The place of performance will be specified in the individual task orders.
5.2. Requirements for the contracts may include work in government facilities or off-site locations which will be specified in each task order.
B6. OVERTIME , HOLIDAY AND WORK AT NIGHT
6.1. Overtime. Any overtime rates will be negotiated in advance of issuing individual task orders.
6.2. Work Required To Be Performed At Night. Any night or differential rates will be negotiated in advance of issuing individual task orders.
6.3. In the event performance of a task requires non-exempt employees to work in excess of an
“established” normal workweek (usually 40 hours), thereby making the contracted employee eligible for an overtime premium, the Health and Welfare benefits will not be applied in calculating the loaded hourly rate.
The overtime premium shall be computed as follows:
6.3.1. (Hourly rate (SCA Rate) X 1.5) X Coefficient = Overtime loaded hourly rate
6.3.2. The Contractor shall bill for overtime hours based on an overtime markup percentage that results in the recovery only of FICA, FUTA, SUTA and “workman’s compensation” costs for the overtime portion of the payment. This means that, for one hour of overtime, the Contractor shall recover costs in the same amount for their percentage markup as the Contractor would receive for any base hour at a straight time rate.
6.3.3. In conditions where work is required on a Federal holiday (such as a federal facility that is open on holidays), the Contractor shall pay its Service Contract Act applicable employees who work on the holiday regular pay for the hours worked on the holiday plus holiday pay in accordance with the Service Contract Act.
6.3.4. Liability for a Contractor employee’s vacation is the responsibility of the Contractor by whom the person is employed at the time the contracted employee becomes eligible for vacation, i.e., the employee’s anniversary date of employment (this could include time spent on a predecessor contract as well as time spent under the current contract). (See DOL Title 29 of the Code of Federal Regulations, Labor Standards for Federal Service Contracts, Part 4.)
6.3.4.1. Since all costs associated with vacations and holidays are the exclusive responsibility of the Contractor; the Contractor’s markup percentage must include these costs. The only exception to this requirement would be if a specific statement were included in the wage determination, which makes an exception to the general rule).
B7. OTHER DIRECT CHARGES
7.1. As indicated in Section C, the Contractor may be required to obtain supplies, equipment, travel or services related to the performance of the task. Only supplies, equipment, travel or services specifically authorized by the Task Order will be reimbursed.
7.1.1. The Government will pay only the actual amount paid to the vendor for supplies, equipment, or services related to the performance of the task. Unless otherwise stated in the task order, no G&A or profit will be paid on these actual costs.
7.1.2. Travel costs shall be reimbursed utilizing the Federal Travel Regulation, Joint Travel Regulations and Standardized Regulations section 925 as applicable from FAR 31.205-46 for locality per diem rates. The travel costs will be reimbursed to include previously negotiated handling rates. No G&A or profit will be paid on these actual costs, however a set administrative handling fee, if proposed, is allowable.
B8. PROMOTIONAL PRICING
8.1. The Contractor is permitted to offer “promotional” terms when specific task order conditions and/or volume offer sufficient business potential to warrant special discount prices to the Government.
Contractors may either offer promotional pricing in response to a task order request or in a written proposal at any time it is advantageous to the Government.
SECTION C
CONTRACT PWS
C1. INTRODUCTION
1.1. Organization- This Performance Work Statement (PWS) supports CONUS locations of the Army National Guard. This contract and employees thereof, is an extension of the National Guard Government staff, but shall not perform inherently governmental functions as defined in Office of Federal Procurement Policy (OFPP) Policy Letter 92-1, Inherently Governmental Functions and FAR Subpart 7.5, Inherently Governmental Functions. The
Government expects the contractor to provide excellent support by providing the right expertise at the right place at the right time.
1.2. Mission. The mission of the Army National Guard (ARNG) is to provide mission ready units in support of the National Military Strategy.
• Our Federal Role: To maintain properly trained and equipped units, available for prompt mobilization for war, national emergency, or as otherwise needed.
• Our State Role: To provide trained and disciplined forces for domestic emergencies or as otherwise required by state law.
1.3 The Army National Guard is responsible for Aviation Unit Maintenance (AVUM), Aviation Intermediate Maintenance (AVIM) and Depot repair, maintenance of all Army National Guard Helicopters, helicopter subsystems and ground support equipment (GSE). The Aviation Classification and Repair Activity Depot (AVCRAD) is located in Groton, CT
C2. DESCRIPTION OF SERVICES
2.1. The overarching objective is to provide comprehensive support to the National Guard mission nationwide.
To utilize contract maintenance support to augment the full time unit support in all aspects of AVUM, AVIM and depot maintenance. The contractor shall provide a full range of non-personal services to achieve maximum effectiveness and economy in operations in support of the National Guard.
2.2. The government will request specific services under this PWS by issuance of Task Orders. Each approved task order will identify the objective, scope, background, technical requirements, estimated level of effort, estimated other direct costs (e.g. travel and materials), period of performance, required schedule, deliverables and other considerations for each task. The contractor must provide personnel who possess knowledge, expertise and are highly skilled, often with specialized knowledge and experience with National Guard regulations and policies as defined in the Task Orders.
C3. SUMMARY OF REQUIRED SERVICES
3.1 The contractor shall provide a highly motivated, dedicated, professional staff to perform non-personal services, to support disciplines consistent with National Guard roles and responsibilities for AVUM, AVIM and depot maintenance, (field and sustainment maintenance); to include but not limited to:
• Painting aircraft
• Preventive maintenance.
• Scheduled inspections/tests.
• GSE repair/services.
• Repair/replace unserviceable parts, assemblies and subassemblies/ components.
• Paint, refinish, fabricate parts , make modification.
• Repair accessories and auxiliary equipment.
• body and structural repair required to retain and return aircraft, aircraft components and ground.
support equipment to a fully mission capable condition.
• Removal of engines, transmissions, gear boxes, and other major components falling into the AVUM, AVIM or depot umbrella.
• Tto facilitate major repair, overhaul or modification of the airframe.
• Components removed will be reinstalled using special tools and alignment fixtures.
• Ready the aircraft for final airworthiness flight and provide support during flight testing as required.
• Aircraft documents maintenance and revision, supply/stock/material handling and coordination will be done by the contractor solely as it relates to the maintenance of aircraft.
• Indirect support such as those functions indirectly related to maintenance activities (i.e. Production Control, Warehouse/Supply and Maintenance, Test Pilot Support, computer and budget support.
The Government reserves the right to include additional job titles of like/similar nature to those contained in the award.
3.2 The services shall be provided for on-site or may be provided off-site when so designated by the Task Order.
The contractor shall support the mission by providing specialized expertise in specific subject areas identified in the Task Order. Performance of the tasks shall be in accordance with the Service Delivery Summary requirements of the Basic Contract and the Task Order. The contractor shall perform support tasks that may require knowledge of federal, state, and/or local regulations and statutes, Army, DOD, National Guard regulations and other documentation. In addition, the contractor shall support the National Guard mission and support internal operations to ensure quality assurance of its products and services. Contractor employees shall perform only services covered by task orders and only during periods covered by contract. No other services and only Government business may be conducted on Government premises.
3.3 This effort may include any aircraft within the Army National Guard inventory.
3.4 This effort may include approved Foreign Military Sales (FMS) support.
4.1 SERVICES DELIVERY SUMMARY (SDS)
SERVICE DELIVERY SUMMARY
PERFORMANCE OBJECTIVE PERFORMANCE SCHEDULE
Adherence to Task Order SDS As outlined in each Task Order Identification of contractor employees, para 5.9 Contract employees have required badges displayed and identify themselves as contractors 98% of the time.
Travel, para 7.5.2 Travel requests (which includes dates, location, estimated costs and POC approval) are submitted to the Contracting Officer prior to occurrence 98% of the time
Hour/Expense reporting, para 5.6 Contractor shall provide accurate, complete reporting data with all receipts and logs within 5 business days of the end of each reporting period.
Contractor Manpower Reporting CMR), para 7.7.1 Contractor enters data into CMR system within 5 business days of Task Order award 95% of the time.
Monthly Task Order Report, para 7.7.2 Contractor submits report the 5th business day of each month 95% of the time. The report is complete and accurate in its final format
4.2 This PWS conveys the basic requirements, performance standards and assessment measures that will apply to all issued Task Orders. Performance standards, when stated in the PWS, provide a general basis for measuring the performance of each requirement associated with the standard.
4.3 The contractor shall perform in accordance with the requirements of this PWS and the requirements of each individual Task Order. The service requirements are summarized into performance objectives. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement when applicable. Additional specific SDS factors may be defined in the individual Task Orders.
4.4 Government remedies. The Contracting Officer shall follow the requirements of FAR 52.246-4, Inspection of
Services – Fixed-Price (AUG 1996), or 52.246-6 Inspection- Time-and-Materials and Labor Hour, as applicable, for contractor’s failure to correct non-conforming services. In the event that services fail to conform to contract requirements and cannot be remedied by re-performance, the Government reserves the right to reduce the contract price to reflect the reduced value of the non-conforming services. The government will notify the contractor of weaknesses or discrepancies as they become apparent. The first notification will be to attempt to obtain re-performance if possible. Deficiencies that exceed the SDS acceptable levels will be issued on a Contract Discrepancy Report.
5 GOVERNMENT FURNISHED PROPERTY AND SERVICES
5.1 Government furnished property and services will be specified in each Task Order. Unless otherwise indicated in a particular task order, the government will provide all facilities, utilities, equipment and materials necessary to accomplish the work for “on-site” employees.
5.2 Unless otherwise specified in a particular task order, the contractor(s) with a valid National Agency Check
(NAC).will be provided access to the host base’s unclassified computer network, The NAC must be verified through the Automated Security Clearance Approval Systems (AS CAS) roster of validation from the contractors security manager will be provided access to the host base's unclassified computer network and its inherent capabilities including, but not limited to: Internet access, electronic mail, file and print services, and dial-in network access. The contractor shall be aware of and abide with all government regulations concerning the authorized use of the government's computer network, including the restriction against using the network to recruit government personnel or advertise job openings.
5.3 Physical Security. The contractor shall be responsible for safeguarding all Government property provided for contractor use and adhere to the Government property requirements contained in this contract. Government furnished equipment; supplies and services are for official use only. The contractor shall use care to avoid damage to Government furnished equipment. At the end of each work period, all government facilities, equipment and materials shall be secured. All materials shall remain the property of the government and shall be returned to the contracting officer’s representative upon request or at the end of the Task Order period of performance.
6 KEY PERSONNEL
6.1 The Contractor shall provide the names and contact information of those that have full authority to commit the
Contractor on matters concerning the contract, including: negotiating and approving task orders, and taking all actions necessary to ensure contract compliance and proper performance on assigned task orders, hiring, firing, and assigning personnel, and taking all actions necessary to ensure contract compliance and proper performance. Contract Manager(s) shall not be subcontracted personnel
6.2 Employment and staffing difficulties shall not be justification for the Contractor’s failure to meet established schedules, and if such difficulties impair performance, the Contractor may be subject to default.
6.3 Personnel substitutions will not normally be permitted unless such substitutions are necessitated by an individual’s sudden illness, death, termination of employment, changed work requirements, or substandard employee performance. All proposed substitutions of personnel shall be submitted, in writing to the PCO, at least 15 days (120 days if security clearances are needed) prior to the substitution if the person is affiliated with the basic contract. If the substitution is at the TO level, the Contractor shall promptly notify the KO in accordance with the following procedures:
6.3.1 Contract – The Contractor shall submit all proposed substitutions of Key personnel to the PCO for approval. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution. The PCO will issue a modification to the contract to approve the substitution of Key Personnel.
6.3.1.1 Task Orders – The Contractor shall submit a written request for substitution(s) on a task order to the KO.
In the event a requirement to increase the level of effort occurs, the Contractor shall submit a written request along with supporting documentation to add personnel to the labor category specified under the task order.
6.4 The Government reserves the right to require the Contractor to reassign key Contractor employees who are deemed incompetent, careless, unsuitable or otherwise objectionable, or whose continued use under any task order issued under this contract is deemed contrary to the best interests of the Government. Notice of such reassignment will be given in writing by the KO.
7 GENERAL INFORMATION
7.1 Task Order Proposal Requirements: The issuance of a Task Order (TO) request for proposal (RFP) does not obligate the Government to issue Task Orders under this contract. The TO RFP shall not authorize the contractor to perform any work prior to receipt of award. The contractor is not authorized to begin performance prior to the issuance of the Task Order or other proper notice provided by the KO.
7.2 Place of Performance. The place of performance will be identified in the Task Order.
7.3 Requirements for this contract include work in government facilities and off-site locations, which will be specified in each Task Order.
7.4 Travel Requirements. Contractor employees may be required to travel to various locations within the continental United States (CONUS) in performance of task orders. Estimated travel requirements will be included in the RFPs for each new task whenever possible.
7.4.1 The likelihood of travel for some tasks is moderate to high, sometimes with short notice. The contractor shall be able to accommodate and respond to short notice travel requirements. Short notice will normally be approximately 24 hours notice. Normal notice is considered not less than three business days.
Estimated travel requirements will be included in Task Orders.
7.4.2 Travel costs shall be reimbursed utilizing the Federal Travel Regulation, Joint Travel Regulations and
Standardized Regulations section 925 as applicable from FAR 31.205-46 for locality per diem rates.
Contractor travel must be approved by the Government official as specified in the Task Order prior to departure. Actual modes of transportation and costs shall be agreed to in advance and reimbursed on a cost basis upon receipt of the invoice in Wide Area Work Flow and all receipts turned in to the appropriate Government Official. The travel costs will be reimbursed to include previously negotiated handling rates.
No G&A or profit will be paid on these actual costs, however a set administrative handling fee, if proposed, is allowable.
7.4.3 Employee’s salaries, benefits, etc., the period of travel shall be the contractor’s responsibility except as follows:
7.4.4 Non-exempt employees will be paid for actual travel time in accordance with DOL requirements and using the same criteria as for Government personnel traveling under the same circumstances.
7.4.4.1 Travel for exempt personnel is defined as for the purpose of reimbursement as a distance of greater than 50 miles, one way, from their normal work place. Exempt “on-site” employees will not suffer the loss of normal work hour pay due to Government directed travel. "Off site" employees will be entitled to labor reimbursement while traveling during normal Government duty hours (0600-1800 hours). The Government will reimburse labor hours for any exempt employee who travels during a normal period of work. For example an employee normally works from 8:00 AM to 5:00 PM. The employee starts travel at 2:00 PM and arrives at the travel location at 8:00 PM. A contractor may claim for that employee’s labor hours for the period of 2:00 PM to 6:00 PM only.
7.4.4.2 Travel on non-duty days shall be accomplished only when it is required to meet Government mission requirements. Such travel shall be approved by the Contracting Officer or designated Contracting Officer Representative in advance. When requesting approval, the contractor shall indicate the time frame and number of hours requested. Travel reimbursement shall be limited to the following: Point of departure (home to city of travel requirement. Reasonable delays associated with the travel, not to exceed two hours are allowable. Example: The Government requires the Contractor to attend a meeting on Monday morning at 9:00 A.M. There is no available transportation to allow the contractor to leave on Monday and arrive at the meeting on time. The contractor leaves home for the airport on Sunday at 10:00 A.M. and arrives at the destination airport at 2:00 P.M. The contractor gets a rental car and drives directly to hotel arriving at 3:30 P.M. Labor hours may be billed for the period of 10:00 A.M. to 3:30 P.M. If the contractor chooses to make stops, to include meals on the way, that time should be deducted from the billed hours. Any delays enroute, for any reason, over 2 hours is not reimbursable. The Contractor is responsible for ensuring that travel time outside of normal work hours is kept to a minimum.
Reimbursement for travel expenses:
1. Contractor will be reimbursed for travel and per diem expenses as specifically authorized in the Task Order. Charges cannot exceed those stipulated in the Federal Travel Regulations unless documented by conditions listed in FAR 31.205-46, Travel Costs.
2. Limits on travel rates for food and lodging are determined in accordance with Federal Travel Regulations.
3. Labor hour payments will be made for actual authorized travel time in support of approved task orders using the same criteria as for Government personnel traveling under the same circumstances. The Contractor is responsible for ensuring that travel time outside of normal work hours is kept to a minimum. Upon request, the Contractor shall furnish schedules and mode of transportation to the Government.
4. For Task Orders that are Firm Fixed Price, all travel costs should be included in the Fixed Price and not separately priced.
7.5. Reimbursable Expenses. When allowable by the Task Order, reimbursable expenses shall be paid by the Government with applicable receipts. Estimates for reimbursable expenses will be included in the Task Order. Unless otherwise stated in the task order no G&A or profit will be paid on these actual costs.
7.6. Monthly Hour/Expense Reporting. The contractor shall itemize monthly costs, breaking down hours worked, travel expenses and reimbursable expenses (if applicable). Receipts shall accompany requests for reimbursable expenses. The contractor shall organize this information by CLIN and shall differentiate tasking costs individually and separately to facilitate task cost monitoring. The report shall include costs incurred through the calendar month prior to the report. This report shall be submitted with invoice.
7.7. Quarterly Reporting. On a Quarterly basis the contractor shall provide the contracting officer, a cumulative report of all amounts invoiced and paid by Line Item and location over the life of the contract. Include a breakdown of the hours worked per line item and indicate hours paid exclusively for travel time.
7.8. Performance of Services During Crisis Declared by the National Command Authority. (September 2002)
(APPLICABILITY OF THIS CLAUSE WILL BE STATED IN EACH TASK ORDER. Some services provided by this contract may be considered mission essential and will be indicated as such in the task orders.) “Services determined to be essential for performance during crisis according to DoDI 3020.37 are plant operations, emergency and urgent work request, disaster preparedness, emergency operations and infrastructure maintenance (including construction). The services provided by this contract have been designated as essential contractor provided services and must be continued during a crisis. The contractor shall continue providing service to all applicable contracts in progress [for some services, 24 hours a day] until the crisis is over. The contractor shall ensure enough skilled personnel are available during a crisis for any operational emergency due to utility failure, damage control, and damage repair. A crisis management plan shall be submitted to the Contracting Officer within 10 calendar days after contract start date. The contractor shall identify essential personnel by submitting an essential personnel list to the Contracting Officer within 10 calendar days after contract start date. The list shall contain the individuals’ names, addresses, social security numbers, security clearances (if any), and duty title.” Normal operating hours may be adjusted in support of crisis response. The contracting officer may notify the contractor of a declared crisis through the most expeditious secured means determined at the time of the crisis.
7.8.1. The Government reserves the right to include the requirement of services during a crisis after award of a task order if deemed in the Government’s best interest. In the event of a declared National Emergency the Contracting Officer may be required to stop work on this contract for security reasons. Contractor shall ensure the Contracting Officer has a current “Off Duty” contact name and telephone number at all times to facilitate notification.
7.9. Contractor Employee Qualifications. To be identified in specific task order requirement Statements of
Work. The contractor is responsible to provide a fully qualified workforce. The Contractor shall employ and utilize only experienced, responsible, and capable persons in the performance of work under this contract. All employees must be citizens of the United States or authorized aliens and shall be able to furnish proof of citizenship if asked to do so by the Contracting Officer.
7.10. When contractor employees are working on government facilities or participating at government meetings, they shall wear identification badges distinguishing themselves as such. The badges, at a minimum, must have the employee name and the word “contractor” displayed. Ideally, the company name will appear on the badge. Contractor or government issued badges are acceptable. Additionally, not withstanding any other provisions in the Performance Work Statement, the contractor shall perform no inherently governmental functions. Contractor employees shall identify themselves as a contractor in meetings, telephone conversations, all written communications and work situations so that their actions cannot be construed as acts of a Government official. The contractor shall take no action that binds the government to a final decision or results in the exercise of governmental discretion. When contractor personnel are tasked to attend a government meeting or conference, they shall identify themselves as employees of a contractor at the beginning of the meeting. The contractor may present government approved briefings at the meeting and answer questions with pre-approved government responses; however the contractor shall not become a de facto government representative in discussions.
7.11. Security Requirements. The contractor shall submit and maintain a list of all contract employees to the
Contracting Officer designated in the task order. This list shall contain full names, the last four digits of their Social Security number, sex and date of birth. This information may be forwarded to the appropriate facility, where the employee may report to, for issuance of their ID card (to be accomplished within 5 days of employment). During the performance of their task orders, contractor employees may have access to or may generate unclassified information of a sensitive nature that is inappropriate for release to the public.
Contractors shall implement information control procedures that require government approval prior to the release of any information derived from the performance on any task order by the contractor or its employees, regardless of forum.
7.11.1. Unless specified otherwise in the task order: the CT AVCRAD is a closed facility and as such, only those persons granted permission may enter. It is therefore required that control be exercised over Contractor personnel while working on the Base. To maintain this control, a listing of all Contractor personnel who will be working under the contract, must be submitted to the Contracting Officer five working days prior to the start of work under the contract. The preferred method of providing this list is via email, to the contract administrator. The listing shall include, but not be limited to: contract number, task order number, employee name, and the estimated starting and ending date of each employee. Subsequent listings of all additions or deletions will be submitted as employees are hired or released.
7.11.2. The contractor shall ensure that employees adhere to all MACOM, NGB and local security regulations and directives.
7.11.3. Security Clearances: Contract employees who have access to classified information, Local Area Network (LAN) or controlled or restricted areas require a local file check (LFC) and some will subsequently require a secret security clearance. Submission of Standard Form (SF) 86 shall be accomplished within 5 days of contract award or hiring of new personnel. The contractor shall not divulge any information about files, data, processing activities or functions, user ID’s, passwords or other knowledge that may be gained; to anyone who is not authorized to have access to such information. Contractor personnel shall abide by all ARNG rules, procedures and standards of conduct.
7.11.4. Retrieving Identification Media. The contractor shall retrieve all identification media, including vehicle passes, from employees who leave their positions for any reason before the contract expires;
e. g. terminated for cause, retirement etc.
7.11.5. COMSEC: All communications with DOD organizations are subject to communications security
(COMSEC) review. Contractor personnel will be aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised any time they place a call to, or receive a call, they are subject to COMSEC procedures.
The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DOD information.
7.11.6. HSPD-12. The “smart” card, or new identification system will be necessary to access all physical assets and IT systems. The new, more stringent identity proofing requirements are becoming mandatory. Extensive employee background checks could take extended periods of time and could potentially hamper contract performance in the future. It is anticipated that interim cards will be made available based on a national criminal history check.
7.12. Safety and Environmental: The Contractor, his employees, and his subcontractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any State (or other public authority now or hereafter in force). The Contractor agrees to observe and comply with all applicable state and federal requirements regarding social security, workman’s compensation, unemployment insurance and any other matters concerning employment applicable to the performance of this contract or rules, regulations, directions and order not inconsistent herewith as may from time to time be issued by the Government. The unilateral act of any Governmental body against any employee of the Contractor for the violation of a state or federal law or regulation shall not excuse the Contractor from full compliance with the terms and conditions of this contract.
7.12.1. The contractor shall comply with all applicable Occupational Safety and Health Standards (OSHA)
Standards, technical orders, regulations, and referenced publications including those as detailed in appropriate AR 385 series manuals. The contractor shall comply with the highest degree of safety protection where any disagreements exist. the contractor will provide personal protective gear for Its employees.
7.12.2. Accident prevention and safety practices on contractual work under the jurisdiction of the
Contracting Officer are the responsibilities of the contractor concerned. The Contractor shall brief all employees on proper safety and accident reporting. The Contractor shall provide all occupational health services to his employees. Contractor employees shall be instructed to notify the Contractor’s contract manager of potential or existing occupational health hazards that require attention.
7.12.3. Liability. The Contractor hereby agrees to release the Government (to include its officer, enlisted personnel, agents, and employees) from any liability for any loss, damage, or injury sustained by the
Contractor or his employees during the performance of this contract. The Contractor also agrees to indemnify the Government for any loss, damage, or injury to Government personnel or agents or other third parties, provided such loss to the Government is caused by the negligence of the Contractor or his personnel while performing this contract.
7.12.4. Removal of Personnel. The Contracting Officer may require the Contractor to remove from the job those employees who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of military security.
7.13. Gate Control. Unscheduled gate closures by the Security Police may occur at any time causing personnel entering or exiting a closed military installation to experience a delay. This cannot be predicted or prevented. Labor hour employees are not compensated for unexpected closures or delays privately owned vehicles belonging to contractor personnel are subject to search pursuant to applicable regulations. The award of this contract does not create a right to have access to any military installation. Any violation of an installation regulation or of state or federal statute may result in the termination of the privileges to enter the military installation.
7.14. Installation Regulations: The Contractor, his employees, and subcontractors shall become familiar with and obey the regulations of the installation including fire, traffic, safety and security regulations while on the military installation. Those driving motor vehicles shall observe and obey all speed limits posted throughout the installation. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times.
7.15. The Contractor shall be responsible for compliance with all regulations and orders of the Commanding
Officer of the Military Installation, respecting identification of employees, movements on installation, parking, truck entry, and all other military regulations, which may affect the work. Special requirements will be identified in the statement of work for an individual task order.
7.16. Supervision of contractor employees is responsibility of the contractor. The Contractor’s personnel shall, at all times, be under the supervision of the Contractor and not Government personnel, whether uniformed or civilian and regardless of rank. There shall be no direct supervision of contract employees by the government. If more than one contractor employee will be assigned to a specific location, the contractor may designate one person as task leader (if needed).
7.17. Observations and Inspections. Government personnel other than Contracting Officer Representatives
(CORs) may occasionally observe contract operations. These personnel may not, however, interfere or provide direction to the contractor performance.
7.18. Normal Hours of Operation. Duty hours to be specified in each TO. In the event of a shutdown for any reason, the Government will not be liable for contractors' costs incurred during this period.
7.19. Holidays. The following federal holidays are observed by the Government and are normally closed for business.
New Years Day 1 January Martin Luther King’s Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Fourth of July 4 July Labor Day 1st Monday in September Columbus Day 2nd Monday in October
Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas 25 December
7.19.1. The contractor may choose to perform work on recognized holidays or outside normal duty hours, which shall be performed at no additional cost to the government. Prior notification to the KO shall be provided in writing.
7.20. Contract Manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The contract manager shall have full authority to act for the contractor on all matters relating to daily operation of this contract. The contract manager or alternate(s) shall be available during normal operating hours within 45 minutes of notification to meet by phone or in person with the KO, contract administrator or COR to discuss problem areas. The contractor shall furnish in writing to the KO the names and phone numbers of the contract manager and alternate(s) within 10 days of TO award. The KO shall be notified, in writing, immediately whenever changes are made.
7.20.1. The government will not supervise contract personnel. The contractor has sole responsibility to supervise, remove, replace, discipline or approve leave for contract employees. In the event that an employee is removed or replaced, the contractor is responsible to notify the KO before the change occurs.
7.21. All correspondence shall be addressed to the KO with a copy of all correspondence furnished to the contracting officer representative (COR) when specified in the task order. Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, task order number, and shall have only one subject.
7.22. Performance Evaluation Meetings. The contract manager may be required to meet with the KO, contract administrator, COR, and other Government personnel as deemed necessary at no additional cost to the Government. The contractor may request a meeting with the KO when necessary. Written minutes of these meetings shall be recorded in the contract and signed by the contract manager and the KO or contract administrator. If the contractor does not concur with any portion of the minutes, this non-concurrence shall be provided in writing to the KO within 10 calendar days following receipt of minutes. Contractor's non-concurrence shall be attached to the official minutes.
7.23. Evaluation of Contractor Performance. (Reference FAR Clause 52.246-4; Inspection of Services—Fixed-
Price or FAR Clause 52.246-6; Inspection—Time and Material and Labor Hour, as applicable to the TO)
7.23.1. The Contractor’s performance will be evaluated at least monthly or as prescribed in each TO. For those tasks listed in the Service Delivery Summary (SDS), the quality assurance evaluator(s) (COR(s) will follow the methods of surveillance specified in the Government's QASP. Government personnel will record all surveillance observations. When an observation indicates defective performance, the COR will require the contract manager or representative to initial the observation.
The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that they have been made aware of the defective performance.
7.23.2. Task orders will contain an evaluation sheet that shall accompany the monthly invoice along with other required information such as itemized miscellaneous expenses, travel expenses and time cards.
Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.
7.23.3. An annual performance evaluation will be prepared at the exercise of each option IAW FAR 42.15.
7.24. Quality Control (Reference contract clause 52.246-4 Inspection of Services--Fixed Price) The contractor shall develop, implement, and maintain a comprehensive quality control program that assures compliance with all requirements of this contract and its associated task orders. The contractor shall maintain, enforce, and document a Quality Control Plan (QCP). The QCP shall ensure that the government receives the level of quality that is consistent with the requirements specified in each task order. The QCP shall be due not later than 30 days after the start of the order. The plan shall reflect the Contractor’s overall approach, internal controls and establishment of procedures for evaluating each of the major service areas (who, method, how often), for reporting to the Government, for resolving deficiencies, for identifying potential improvements, and for maintaining and making available to the Government, documentation (as listed in Deliverables Section) reflecting quality control inspections and any corrective actions taken.
7.25. General Wage Decisions. Applicable Service Contract Act Wage Determinations will be identified for all
Task Orders, where a Wage Determination is required, current as of the time of award of the task order.
7.26. Applicable Documents/Directives. The Contractor shall identify and comply with all applicable federal, state, and local statutes at the task order level.
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