BPA's

SIGCOM BPA "Blanket Purchase Agreement"

CECOM ACQUISITION CENTER - WASHINGTON (CAC-W)

PRODUCT MANAGER, PHYSICAL SECURITY EQUIPMENT

AND RELATED SERVICES

BLANKET PURCHASE AGREEMENT

RFQ DAAB15-00-Q-1003

The U.S. Army Communications-Electronics Command Acquisition Center - Washington (CAC-W) hereby enters into a Blanket Purchase Agreement (BPA) on behalf of the Product Manager, Physical Security Equipment (PM-PSE) with SIGCOM, Inc. to provide products and services to support interior and exterior intrusion detection; access and entry control; badging; closed circuit television; security lighting; barriers, including fencing; personnel warning/alert; tactical warning and alarm; explosive and contraband detection; blast mitigation; asset protection and security; locks, locking devices and key control; and related security risk mitigation projects as they are assigned.

This agreement is under the terms and conditions of SIGCOM’s GSA Federal Supply Schedule Contracts GS-07F-0209J and GS-35F-5791H, and the following BPA terms and conditions:

ADMINISTRATIVE DATA

Primary Point of Contact:   


Contractor POC
Title: Contracts Administrator
Email Address:contracting@SIGCOM.net


SIGCOM, Inc.
Company Address 1st Line

4230 Beechwood Drive
Company Address 2nd Line

Greensboro, NC 27410
Company Address 3rd Line

(336) 547-2314
POC Telephone Number

(336) 547-1449 / (336) 292-9318
POC Facsimile Number

 

 

1.  Please specify the SIC Code to which you are a Small Business:
     3496, 3661, 3663, 3669, 3699, 4813

2.  Are you a Small Business Administration (SBA) certified Small Disadvantaged Business (SDB)?

       YES _______         No ______

3.  Are you a Woman-Owned Business?

       Yes ______            No ______

4.  CAGE Code:  0N699

5.  DUNS Number: 161585260

6.  TIN: 56-1490547

Cognizant DCMC Office (Include Complete US Postal and Email Addresses):   Cognizant DFAS Office (Include Complete US Postal and Email Addresses):  

Dennis Williams
DCMC POC

DCMDE-GAOE
DCMC First Line Address

Greensboro Area Office – Henderson Bldg DCMC Attention Line

2301 W. Meadowview Road, Suite 103
DCMC Third Line Address

Greensboro, NC 27407-3701
DCMC Fourth Line Address

(336) 854-5781
DCMC POC Telephone Number

(336) 854-5782
DCMC POC Facsimile Number

djwilliams@dcmde.dla.mil
DCMC POC Email Address  

Brooks Evans
DFAS POC

DFAS Columbus Center
DFAS First Line Address

Attn: Accounts Payable
DFAS Attention Line

4280 East Fifth Avenue
DFAS Third Line Address

Columbus, OH 43219
DFAS Fourth Line Address

(800) 756-4571
DFAS POC Telephone Number

(614) 693-7872
DFAS POC Facsimile Number

brooksevans@columbus.dfas.mil
DFAS POC Email Address


1.0  AUTHORIZED BPA USERS

1.1  Pursuant to Federal Acquisition Regulation (FAR) Subpart 8.4, this BPA is established in order to provide support to the Product Manager, Physical Security Equipment (PM-PSE) and Major Army Commands (MACOMs) that include Army Materiel Command (AMC), U.S. Army Reserve (USAR), Criminal Investigation Division Command (CIDC), Eighth U.S. Army (EUSA), Forces Command (FORSCOM), Medical Command (MEDCOM), Military District of Washington (MDW), National Guard Bureau (NGB), Training and Doctrine Command (TRADOC), U.S. Army Pacific (USARPAC), U.S. Army Europe (USAREUR), Military Traffic and Management Command (MTMC), Corps of Engineers (COE), Intelligence and Security Command (INSCOM), Special Operations Command (SOCOM), U.S. Army South (USASO), and Army Space and Missile Defense Command (ASMDC); Major Subordinate

Commands (MSC), and installations; DoD commands and agencies; and other DoD Services. 

1.2  All orders will be authorized by the Product Manager, Physical Security Equipment (PM, PSE) prior to issuance.

2.0  TERM OF BPA

The term of this BPA is sixty (60) months.  However, if the underlying GSA FSS contract expires or is terminated prior to expiration of the BPA, the BPA shall be deemed to be terminated or to have expired, except that any outstanding Task/Delivery Orders shall be performed up to their completion dates to the extent permitted by the underlying contract.  In addition, the BPA may be terminated during the sixty (60) month term by either the Government or the BPA holder.

3.0  ORDERING

Ordering will be decentralized.  The Task/Delivery Order Contracting Officer will be responsible for ensuring compliance with any applicable laws, regulations, or policies that may apply to a particular order.  The ordering period for all items and services under this BPA is the same as the duration of the BPA set forth in paragraph 2.0 above.

4.0  PREVAILING TERMS AND CONDITIONS

All orders placed against this BPA are subject to the terms and conditions of the GSA FSS contracts.  The terms and conditions included in this BPA apply to all orders issued pursuant to it.  In the event of an inconsistency between the provisions of the BPA and the GSA FSS contract, the provisions of the GSA FSS contract will take precedence.

5.0  OBLIGATION OF FUNDS

This BPA does not obligate any funds.  The Government is obligated only to the extent of authorized orders issued under this BPA.

6.0  ESTIMATED VOLUME

The Government estimates, but does not guarantee, that the dollar value of orders issued through this BPA will be approximately $12 Million per year, cumulative among all BPA holders, for a period of sixty (60) months.  There is no minimum quantity of products or services required to be ordered under this BPA.  Further, the Government may satisfy any of the requirements of this BPA through means other than this BPA.

7.0  PRODUCTS AND SERVICES AVAILABLE UNDER THIS BPA

7.1  Products and services set forth in SIGCOM’s GSA FSS Contracts GS-07F-0209J and GS-35F-5791H are provided by this BPA.  Attachment A (provided by the BPA holder) contains a listing of all products and services provided by the BPA.  Attachment A contains the FSS contractor’s name, FSS contract number, FSS ordering number, name and description of the product and service available under this BPA with accompanying BPA discounted rates.  Unless otherwise specified, pricing discounts shall be applicable to all years currently covered under the applicable FSS contract. 


BPA TEAM LEADER NAME SIGCOM, Inc.    ______________________________

GSA Federal Supply Schedule Contract Number(s) GS-07F-0209J and GS-35F-5791H

TAX IDENTIFICATION NUMBER:  ___56-1490547__________________________                                        

REMIT TO ADDRESS:  SIGCOM, Inc., Attn: Accounts Receivable, 4230 Beechwood Drive,

      Greensboro, North Carolina 27410

CAGE CODE:  __0N699__________________________________________________

DUNS NO:  ___161585260_______________________________________________

 

GSA FSS Item No.

Description

 

Model No/

Labor

Category

Qty

Unit

GSA Price

BPA discounted rate

Includes 1%” GSA Fee

*

 

 

 

 

*

See Attachment A

 

 

 

 

 

 

 

*State “All” or identify schedule section or specific item number from schedule

BPA TEAM MEMBER(S) NAME ___________None ________________________

GSA Federal Supply Schedule Contract Number(s)   __________________________

TAX IDENTIFICATION NUMBER:  ______________________________________

REMIT TO ADDRESS:  _________________________________________________

CAGE CODE:  ________________________________________________________

DUNS NO:  ___________________________________________________________

 

GSA FSS Item No.

Description

 

Model No/

Labor

Category

Qty

Unit

GSA Price

BPA discounted rate

Includes 1%” GSA Fee

*

 

 

 

 

 

 

 

 

 

 

 

 

 

*State “All” or identify schedule section or specific item number from schedule

 

BPA TEAM MEMBER(S) NAME _____None        ____________________________

GSA Federal Supply Schedule Contract Number(s)   ___________________________

TAX IDENTIFICATION NUMBER:  ______________________________________

REMIT TO ADDRESS:  _________________________________________________

CAGE CODE:  ________________________________________________________

DUNS NO:  ___________________________________________________________

 

GSA FSS Item No.

Description

 

Model No/

Labor

Category

Qty

Unit

GSA Price

BPA discounted rate

Includes 1%” GSA Fee

*

 

 

 

 

 

 

 

 

 

 

 

 

 

*State “All” or identify schedule section or specific item number from schedule

7.2  Products or services that are not set forth on the BPA holder’s GSA FSS contract, or its Team Members’ GSA FSS contracts may not be included in Attachment A.

8.0  PRICING

8.1  Unless otherwise specified, price discounts will be in effect for the term of the BPA.  No minimum or maximum ordering limitation applies to this BPA.

8.2  The prices ( firm fixed prices and fixed labor rates) included in the BPA shall apply during the performance period for an order. The discounts set forth in this BPA will be applied to any increased or decreased GSA FSS prices.    The BPA holder shall update the BPA price list within 24-hours of a change in Schedule prices to insure that the BPA pricing remains current.  Also, the BPA holder can voluntarily reduce prices at any time by giving 24-hour advance notice (by facsimile or electronic-mail) to the Contracting Officer.  When in effect, the new price list will be posted on the BPA holder’s Internet site and made immediately available to all authorized BPA users.  Additional discounts for individual orders are also allowed.  No BPA price increase shall take effect until the Contracting Officer receives written notification.    Any order already issued shall not be affected by any change to BPA pricing.

8.3  The firm fixed prices and fixed labor rates for this BPA are based on the GSA prices provided at Attachment A and the price discounts identified therein.  The BPA discounted prices replace all GSA FSS contract discounts.

8.4  The prices set forth in the BPA will undergo annual review by the BPA Contracting Officer.


9.0  REQUIREMENTS

9.1 The Product Manager, Physical Security Equipment (PM-PSE) provides centralized acquisition management for Army and Joint Services Physical Security Equipment Programs and assists other Federal Agencies in the development and acquisition of physical security equipment.  PM-PSE is responsible for providing cost-effective, state-of-the-art Physical Security and Force Protection equipment to installations and forces deployed worldwide.

9.2  PM-PSE has an immediate requirement to provide non-personal services and products to support interior and exterior intrusion detection; access and entry control; badging; closed circuit television; security lighting; barriers, including fencing; personnel warning/alert; tactical warning and alarm; explosive and contraband detection; blast mitigation; asset protection and security; locks, locking devices and key control; and related security risk mitigation projects as they are assigned.

A.  Typical types of products we anticipate for future requirements include any or all of the following systems, subsystems, or components:

  1. Interior and Exterior Intrusion Detection.   Command and control, monitors, sensors/detectors, annunciators, and related power and communications interfaces.

  2. Access /Entry Control.  Coded card, key, or touch pad devices, to include those utilizing biometric technology; readers/proximity sensors; audio and video displays and controls; and encoders/programmers.

  3. Badging.  Cameras, digital data storage devices, badges, and laminators.

  4. Closed Circuit Television.  Cameras, lenses including night vision capabilities, housings, mounts, controls, signal transmission, and monitors.

  5. Security Lighting.  Fixtures, mounts, spot/strobe lights, and control devices.

  6. Barriers, Including Fencing.  Fixed, portable or towed barriers or fences to deny access to people, vehicles or other means of conveyance.

  7. Personnel warning/alert.  Sirens, speakers, annunciators, visual displays, encoder/activation control.

  8. Tactical Warning and Alarm.  Sensors/detectors, annunciators, monitors and related power and communications interfaces capable of providing detection and assessment  in a tactical environment.

  9. Explosive and contraband detection.  Non-intrusive detection of explosives, narcotics, or other prohibited materials.

  10. Blast Mitigation.  Construction or hardening materials, laminates or coverings, containers, or other materials or devices to mitigate the blast or thermal effects of an explosion.

  11. Asset Protection and Security.  Containers, devices, or material application for construction projects which protect personnel or high priority assets from theft or damage.

  12. Locks, Locking Devices and Key Control.  Low, medium, and high security locks, electronic locking devices, and systems for the security and accountability of keys or other locking activation devices or codes.  

            B.  Typical types of services we anticipate for future requirements include the following:

  1. Design;

  2. Functional/Technical/Physical Site Surveys;

  3. Site Preparation;

  4. Installation;

  5. Integration;

  6. Test and Evaluation;

  7. System Acceptance, Reliability Testing, Quality Assurance;

  8. Training;

  9. Cost Estimating;

  10. Integrated Logistics Support, to include Maintenance.

            C.  Typical OCONUS site locations will include Korea, Germany, Belgium, Japan, Italy, Puerto Rico and Virgin Islands, and the Middle East (Kuwait and Saudi Arabia).

9.3  Tasks include, but are not limited to, program management support, design, procurement, installation, testing and evaluation, support, and ancillary services for components and systems of these functions.

9.3.a  PROGRAM MANAGEMENT SUPPORT

The BPA holder shall provide specialized management, administrative and technical support to coordinate, manage, execute technical programs, meetings and symposiums, provide assistance and support necessary to develop schedules, cost estimates, required documentation, and analyses of all aspects of acquisition management, business management and congressional liaison.

9.3.b  DESIGN SUPPORT

The BPA holder shall prepare evaluations of specifications and drawings, including revisions, and participate in design reviews and audits of those documents.  The BPA holder shall prepare for and attend meetings, requirement reviews, design reviews, working groups, and briefings related to system and software development. The BPA holder shall attend meetings and monitor security accreditation and certification and assess progress against the requirements.  The BPA holder shall report issues and problems and recommend specific actions to resolve.  The BPA holder shall evaluate and recommend solutions to security issues and problems; and review action items and problem or discrepancy reports. 

9.3.c  LOGISTICS SUPPORT PRIVILEGES

The BPA holder may be required to provide Logistical Support in overseas areas in order to meet contract requirements.  The contractor shall provide all necessary information required by applicable regulations in order to assist the ordering activity in obtaining the Logistical Support Privileges. 

9.4  WARRANTY AND/OR EXTENDED WARRANTIES 

9.4.a The BPA holder shall provide a twenty-four (24) month warranty period.  The warranty and/or extended warranties shall be provided for both supplies and installation.

9.4.b The warranty period for an entire installation effort, hereby referred to as the “System”, will be for at least twenty-four (24) months.  The BPA holder may propose warranty provisions that are more advantageous to the Government, at the Task/Delivery Order level, such as in an effort to reduce life cycle costs.

9.5  This BPA requires a wide range and depth of engineering, software engineering, communications, technical design and documentation, security systems, and logistics support expertise in order to successfully complete multiple tasks for varied functions, many taking place simultaneously throughout the world.  Accordingly, PM-PSE considers the following as critical considerations for successful completion of this work.

9.5.a  The BPA holder must have the capability to complete CONUS and OCONUS (approximately 45 sites) work on a concurrent basis when appropriate.

9.5.b  The BPA holder must be capable of successfully managing several large-scale projects involving integration of effort by multiple contractor and Government personnel.

9.5.c  The BPA holder must have the capability to maintain a current BPA schedule of products and services on a Web Site available to potential users on a seven days per week and a 24-hour a day basis.

9.5.d  The BPA holder must have capability to provide complete warranty and a full range of Integrated Logistics Support (ILS) services, to include long term maintenance, for equipment installed.

10.0  CONTRACT MANAGEMENT

10.1  The BPA holder shall maintain a status review process for planing and controlling the activities necessary to meet the requirements of this BPA.

10.2  Monthly Status Report.  The BPA holder shall provide a monthly status report by project (within 5 calendar days of month-end) of the status of orders which shall include, as a minimum, the number of orders received, the status of each order.  The BPA holder shall provide the report electronically to the USA CECOM Acquisition Center – Washington Procuring Contracting Officer (CAC-W PCO) and the Product Manager, Physical Security Equipment.  The report should be provided to the following email addressees:  

CAC-W PCO:

Mary J. Byrd
Email address: mbyrd@hoffman-issaa2.army.mil  

Jan Pennington
Email address: jpenni@hoffman-issaa2.army.mil

PM-PSE POC:

Rod Dama  
Email address: rdama@belvoir.army.mil  

11.0  DELIVERY TICKETS

Unless otherwise agreed to, a standard commercial delivery ticket or a DD Form 250 must accompany all deliveries under this BPA.  As a minimum, the delivery tickets must contain the following information:

a. Name of BPA Holder

b. BPA Number

c. Model Number

d. Delivery or Task Order Number

e. Date of Purchase

f.  Quantity, unit price, and extension of each item (unit prices) and extension need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and

g. Date of shipment

 

A copy of all final delivery tickets shall be provided to the following addressees:

CAC-W PCO:

Mary J. Byrd
Email address:  mbyrd@hoffman-issaa2.army.mil  
Jan Pennington
Email address:  jpenni@hoffman-issaa2.army.mil  

PM-PSE POC:

Rod Dama
Email address:  rdama@belvoir.army.mil
 

12.0  DELIVERY

Delivery shall be in accordance with individual orders issued under this BPA.  The BPA holder shall start accepting orders upon issuance of the BPA.  Delivery to the addressees specified in each Task/Delivery Order shall be within 30 days in the Continental United States (CONUS) and 45 days Outside the Continental United States (OCONUS) from the date the order is received by the vendor from a designated Contracting Officer.  A delivery order is considered to be placed based on the effective date of order signed by the Contracting Officer. 

13.0  MISCELLANEOUS

13.1  TDY-TRAVEL

13.1.a  DoD’s Per Diem, Travel and Transportation Allowance Committee has issued guidance deleting the authority to use Invitational Travel Orders (ITOs) to authorize travel and transportation for Government contractors or contractor employees.  Implementing revisions appear in Change Number 404 of the Joint Travel Regulation (JTR), and Change Number 150 of the Joint Federal Travel Regulations (JFTR).  These changes were effective 1 June 1999. 

Contractors and contract employees shall travel on travel costs included in their contracts pursuant to FAR 31.205-46.  Contractor employees will file a travel voucher with their employer (the contractor) for reimbursement; they can no longer settle their travel expenses through DFAS Travel Pay or Vendor Pay.  There will be no exceptions to these changes.

13.1.b  Travel will include frequent local area meetings and less frequent trips to contractor facilities at various locations throughout the CONUS and OCONUS area.  All travel will be set forth in individual Task/Delivery Orders and shall be in accordance with the Joint Travel Regulations.  Travel will be reimbursed only to the maximum of the Official Government per Diem rates.

13.1.c  UNITED STATES FORCES, KOREA INVITED CONTRACTORS AND TECHNICAL REPRESENTATIVES

USFK Regulation 700-19 establishes policies for United States Forces, Korea (USFK) invited contractors and technical representatives concerning their status under the United States of America and the Republic of Korea (U.S.-ROK) Status of Forces Agreement (SOFA) and the logistic support (corporate and individual) that may be provided by this command.

DoD contracting offices preparing contracts to be performed in the ROK by personnel of the U.S. or third-country national contractors shall coordinate with the Assistant Chief of Staff (ACOF), Acquisition Management, HQ USFK, and the USFK sponsoring agency in accordance with Chapter 2, Section II, of this regulation.

Contract Clause:

INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE 
STATUS REPUBLIC OF
KOREA

            a.  Invited contractor or technical representative status under the U.S.-ROK SOFA is subject to the written approval of HQ USFK, ACofS, Acquisition Management.

            b.  The Contracting Officer will coordinate with HQ USFK, ACofS, Acquisition Management, in accordance with USFK Reg 700-10.  The Acquisition Management, will determine the appropriate contractor status under the SOFA and notify the Contracting Officer of the determination.

            c.  Subject to the above approval, the Contractor, including their employees and lawful dependents, may be accorded such privileges and exemptions as specified in the U.S.-ROK SOFA, and implemented per USFK Reg 700-19, subject to the conditions and limitations imposed by the SOFA and this regulation.  Those privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and provided the invited contractor or technical representative status is not withdrawn by USFK. 

            d.  The contractor officials and employees performing under this contract collectively and separately warrant that they are not now performing, nor will perform during the period of this contract, any contract services or otherwise engage in business activities in the ROK other than those pertaining to the U.S. armed forces.

            e.  During performance of the work in the ROK required by this contract, the contractor will be governed by USFK regulations pertaining to the direct hiring and the personnel administration of Korean National employees.

            f.  The authorities of the ROK will have the right to exercise jurisdiction over invited contractors and technical representatives including officials and employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK.  In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, U.S.-ROK SOFA, related Agreed Minutes and Understandings on Implementation.  In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible.  On such notification, the military authorities will have the right to exercise such jurisdiction over the persons referred to, as is conferred on them by the law of the United States.

            g.  Invited contractors and technical representatives agree to cooperate fully with the USFK sponsoring agency and responsible officer on all matters pertaining to logistic support.  In particular, contractors will provide prompt and accurate reporting of changes in employee status as required by this regulation to the assigned sponsoring agency.  Except for contractor air crews flying Military Airlift Command missions, all U.S. contractors performing work on United States Air Force classified contracts will report to the nearest Security Police Information Security Section for the geographical area where the contract is to be performed.

            h.  Invited contractor and technical representative status will be withdrawn by USFK on –

  1. Completion or termination of the contract.

  2. Proof that the contractor or employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

  3. Proof that the contractor or employees are engaged in practice illegal in the ROK or are violating USFK regulations.

            i.  It is agreed that the withdrawal of invited contractor or technical representative status or any of the privileges associated therewith by the U.S. Government, will not constitute grounds for excusable delay by the contractor in the performance of the contract, nor will it justify or excuse the basis for the filing of any claims against the U.S. Government if the withdrawal is made for the reasons stated in subparagraph h above.  Under no circumstances will the withdrawal of such status or privileges be considered or construed as a breach of contract by the U.S. Government.  The determination to withdraw SOFA status and privileges by USFK shall be final and binding on the parties unless it is patently arbitrary, capricious, and lacking in good faith. (End of Clause)

4.  Place of performance.
5.  Time period.
6.  POC at the sponsoring agency.

            i.  Communicate directly with the contracting office (with an information copy to HQ USFK, ACofS, Acquisition Management) in order to –

  1. Validate the availability of logistic support (both corporate and individual) that is stipulated in the terms of the solicitation or contract.

  2. Provide the contracting office with information concerning security requirements pertaining to the area of contract performance.  

  3. Coordinate any special contract requirements.

            j.  Appoint a responsible officer from the DoD organization most directly associated with the work to be performed by the contractor.  This person must be a U.S. citizen or DoD employee (military or civilian), who is directly responsible for processing in and out and administering appropriate logistic support for invited contractors and technical representatives during contract performance in the ROK.  The responsible officer should be geographically and functionally situated to enable direct personal contact with contractor employees.  The responsible officer may be the same person as the Contracting Officer’s Representative (COR).  The responsible officer, however, is interested primarily in administering logistic support matters for the agency head, while the COR monitors the performance of the contract for the Contracting Officer.  An adequate number of persons should be appointed depending on the number of contractor employees and the dispersal of geographic locations.

            k.  Provide a copy of the additional duty orders to HQ USFK, ACofS, Acquisition Management.  The additional duty orders shall include the following data concerning the responsible officer:

  1. Contract number(s) and company name(s) for which the responsible officer will serve.  

  2. Full name.

  3. Rank and grade.

  4. Social security number.

  5. Duty address.  

  6. Duty telephone numbers.

  7. Date eligible for return from overseas.

13.1.d  TASK/DELIVERY ORDERS TO BE PERFORMED IN THE FEDERAL

REPUBLIC OF GERMANY

On 27 March 1998, the Governments of the United States and the Federal Republic of Germany agreed to new implementation procedures for Articles 72 and 73, Supplementary Agreement (SA) to NATO Status of Forces Agreement (SOFA).  Employees of a U.S. Department of Defense contractor expected to perform duties under contract in Germany may, under certain conditions, be characterized as technical experts pursuant to Article 73, of the NATO SOFA SA.  Unlike other employees, technical experts are not subject to German income taxation.  The Department of Defense has agreed to obtain approval by German authorities to establish these contract positions and to accredit the persons nominated to fill them.

The BPA holder should be aware that approval by German authorities is now required to establish contract positions for technical experts to accredit the persons nominated to fill them.  German approval is required BEFORE contractor employees may start work in Germany.  Accreditation (TESA) procedures can be found at the following web site: http://www.chrma.hqusareur.army.mil/docper/moi98.htm.

Solicitation Provision:

TECHNICAL EXPERT STATUS ACCREDITATION (TESA)

This RFQ will require utilization by the contractor of Technical Expert (TE) employees in Germany.  The Department of Defense must obtain approval by German authorities to establish such contract positions.  Following are TE positions specified in this contract for which approval has not been obtained at date of solicitation (RFQ) issuance:

Project Manager  
Principal Engineer
Sr. Engineer
Sr. Engineer I
Sr. Engineer II
Engineer
Jr. Engineer
Sr. Security Specialist
Security Specialist

Offers should be based on the assumption that approval of the above positions will be granted.  In the event that, following contract award, any or all of the above positions are disapproved, the Government and the contractor shall negotiate an equitable adjustment in the contract price or estimated cost/fee.

Contract Clause:

TECHNICAL EXPERT STATUS ACCREDITATION (TESA)

            This BPA requires the utilization of Technical Expert (TE) personnel to be employed by the contractor.  The Department of Defense must obtain approval by German authorities for accreditation of employees to fill such contract positions.  Contractors may not employ TE personnel that have not been accredited to specific positions at specific locations.  To expedite accreditation, contractor agrees to promptly complete in accurate detail and return to the Contracting Officer a questionnaire (accessible at the web site above) on each employee designated to fill a TE position.

            The contractor shall promptly notify the Contracting Officer if a TE employee once accredited is no longer performing duties requiring accreditation.

            The contractor recognizes that German Government authorities may from time to time visit contractor’s work areas for the purpose of verifying the status of positions and personnel as TE employees.        

13.1.e  SHORT-TERM CONTRACTOR TEMPORARY DUTY (TDY) IN GERMANY

Due to the anticipated delay (up to 20 weeks estimate) in getting Technical Expert (TE) status approved, the German Ministry of Labor has agreed to a short-term TDY (up to 90 days) arrangement. 

To qualify for this exemption, the contractor should datafax the “Request for Confirmation of Exemption from the Requirement to Obtain a Work Permit” to the State Labor Office in Stuttgart.  The form must be completed in German.  The German Government should respond within seven (7) working days from receipt of the required datafax.

Working one day after a 90 day exemption has been granted makes the individual subject to prosecution by the German authorities and subject to payment of applicable taxes for the entire period.  Individual contractor personnel can; however, use a less-than-90 day TDY on more than one occasion even if the total period exceeds 90 days.  The German Ministry of Labor has determined that periods in excess of 180 days would probably result in denial of exemption.

The letters, both in German and English, are available at the DOCPER web site: http://www.chrma.hqusasreur.army.mil/docper.

13.2  SECURITY REQUIREMENTS

The BPA holder shall possess and maintain a SECRET Information Clearance and a capability to receive and transmit secure information via secure telephone/disk/modem.

A general DD Form 254, Contract Security Classification Specification has been provided at the BPA level and will be required for each individual Task/Delivery Order. 

13.3  INSPECTION AND ACCEPTANCE

Inspection and Acceptance of products and services shall be performed by a duly authorized Government representative identified in individual orders.

13.4  GOVERNMENT FURNISHED FACILITIES AND EQUIPMENT

The Government may be required to provide facilities and equipment to the BPA holder in performance of task under this BPA.  This will be addressed in individual Task/Delivery Orders issued under this BPA.  All Government provided equipment will be returned to the Government upon completion of task.  The Government reserves the right to provide GFE to be integrated and installed by the BPA holder, as described in individual Task/Delivery Orders.

13.5  INCIDENTALS/EMERGENCY ITEMS

Incidental items (items not acquired pursuant to a GSA Schedule) are outside the scope of this BPA.  However, if deemed necessary for the total product solution of a specific Task/Delivery Order such incidentals may be ordered under this BPA after compliance with applicable acquisition regulations.  For example, incidentals with a total value at or below the micro-purchase threshold (currently $2,500) may be ordered if acquired pursuant to FAR Subpart 13.2.