Standard Form 30 - Amendment Of Solicitation/modification Of Contract (Page 32 of 40) in pdf

CONTRACT NO.

DELIVERY ORDER NO.

AMENDMENT/MODIFICATION NO.

PAGE

FINAL

N00178-04-D-4147

HR18

30 of 38

SECTION H SPECIAL CONTRACT REQUIREMENTS

5252.202-9101 ADDITIONAL DEFINITIONS (MAY 1993)

As used throughout this contract, the following terms shall have the meanings set forth below:

(a) DEPARTMENT - means the Department of the Navy.

(b) REFERENCES TO THE FEDERAL ACQUISITION REGULATION (FAR) – All references to the FAR in

this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS),

unless clearly indicated otherwise.

REQULATION – All references in this document to either the Armed Services Procurement Regulation (ASPR) or

the Defense Acquisition Regulation (DAR) shall be deemed to be references to the appropriate sections of the

FAR/DFARS.

5252.216-9122 LEVEL OF EFFORT – ALTERNATE 1 (MAY 2010)

(a) The Contractor agrees to provide the total level of effort specified in the next sentence in performance of the work

described in Sections B and C of this contract. The total level of effort for the performance of this contract shall

be 18,310 total man-hours of direct labor per year (91,550 hours for all five years), total man-hours of direct labor,

including Subcontractor direct labor for those Subcontractors specifically identified in the Contractor's proposal as having

hours included in the proposed level of effort.

(b) Of the total man-hours of direct labor set forth above, it is estimated that zero man-hours are uncompensated effort.

Uncompensated effort is defined as hours provided by personnel in excess of 40 hours per week without additional

compensation for such excess work. All other effort is defined as compensated effort. If no effort is indicated in the first

sentence of this paragraph, uncompensated effort performed by the Contractor shall not be counted in fulfillment of the

level of effort obligations under this contract.

(c) Effort performed in fulfilling the total level of effort obligations specified above shall only include effort performed in

direct support of this contract and shall not include time and effort expended on such things as (local travel to and from

an employee's usual work location), uncompensated effort while on travel status, truncated lunch periods, work (actual or

inferred) at an employee's residence or other non-work locations (except as provided in paragraph (i) below), or other time

and effort which does not have a specific and direct contribution to the tasks described in Sections B and C.

(d) The level of effort for this contract shall be expended at an average rate of approximately 352 hours per week. It is

understood and agreed that the rate of man-hours per month may fluctuate in pursuit of the technical objective, provided

such fluctuation does not result in the use of the total man-hours of effort prior to the expiration of the term hereof, except

as provided in the following paragraph.

(e) If, during the term hereof, the Contractor finds it necessary to accelerate the expenditure of direct labor to such an

extent that the total man-hours of effort specified above would be used prior to the expiration of the term, the Contractor

shall notify the Contracting Officer in writing setting forth the acceleration required, the probable benefits which would

result, and an offer to undertake the acceleration at no increase in the estimated cost or fee together with an offer, setting

forth a proposed level of effort, cost breakdown, and proposed fee, for continuation of the work until expiration of the term

hereof. The offer shall provide that the work proposed will be subject to the terms and conditions of this contract and

any additions or changes required by then current law, regulations, or directives, and that the offer, with a written notice

of acceptance by the Contracting Officer, shall constitute a binding contract. The Contractor shall not accelerate any effort

until receipt of such written approval by the Contracting Officer. Any agreement to accelerate will be formalized by

contract modification.

(f) The Contracting Officer may, by written order, direct the Contractor to accelerate the expenditure of direct labor such

that the total man-hours of effort specified in paragraph (a) above would be used prior to the expiration of the term. This

order shall specify the acceleration required and the resulting revised term. The Contractor shall acknowledge this order

within five days of receipt.

Standard Form 30 - Amendment Of Solicitation/modification Of Contract Page 32

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