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DSCR

DSCR I92K: SURGE AND SUSTAINMENT REQUIREMENT

I92K      52.217-9G25     SURGE & SUSTAINMENT REQUIREMENT
AND                       DSCR  (JUN 2001)
I17F42


     (a)  Definitions.  As used in this clause-

         (1)  "Surge and Sustainment (S&S) Capability" means 
the ability of the contractor and base suppliers to meet 
increased quantity/accelerated delivery requirements, using 
production and supplier base capabilities, in support of a 
broad spectrum of possible Department of Defense 
contingencies.  This capability includes both the ability to 
ramp-up to meet early requirements (i.e., surge), as well as 
to sustain an increased production and delivery pace 
throughout the contingency(ies) (i.e., sustainment).  The 
spectrum of possible contingencies includes major theatre 
warfare and smaller-scale contingency operations.  

         (2)  "Surge and Sustainment (S&S) Quantity" means 
the quantity beyond peacetime level requirements necessary 
to support contingency operations.  The quantity and 
required delivery are identified on an NSN basis, 
representing that needed to support two separate contingency 
operations for a specified time period, generally a year 
unless otherwise specified in the schedule.  

    (b)  Scope of Requirement.  The Contractor agrees to 
maintain the capability to produce and deliver the quantity 
of supplies or services identified in the schedule as the 
S&S requirement throughout the life of the contract.  This 
capability shall be maintained in addition to peacetime 
level requirements and other existing Government contracts.  

         (1)  Notification of S&S Capability Changes.  
Changes that negatively impact S&S capability shall be 
reported in writing to the Contracting Officer within ten 
working days after the contractor becomes aware of such 
impact.  Such notification shall include the Contractor's 
proposed corrective action plan.  

         (2)  Changes and Additions.  The Government 
reserves the right to revise, reassess, or update S&S 
requirements during the life of the contract.       

         (3)  Agreement to Participate in S&S Validation/
Testing.  By submission of an offer for the S&S requirement, 
the contractor agrees to participate in S&S testing as 
required by the Government to validate the S&S capability.  
Testing/validation may include, but not be limited to, 
participation in live exercises, participation in Commander-
in-Chiefs or Joint Chiefs of Staff exercises approved in the 
DLA Joint Training Plan, paper exercises, simulations, or 
command post exercises. The Government reserves the right 
to require tests using other methodologies when deemed 
appropriate.  

    (c)  Ordering.  Any S&S designated supplies or services 
to be furnished under this contract will be ordered in 
accordance with the ordering clause by issuance of delivery 
orders or task orders specifically identified as 
"S&S Orders."  

         (1)  Effective Date for S&S Capability.  Orders for 
the S&S quantity may be issued immediately after award 
unless the contractor has identified during negotiations, 
and the Government has approved, an alternate date for the 
contractor to attain the required S&S capability. The 
contractor's capability assessment shall clearly support the 
alternate date for attaining full S&S capability.  

         (2)  Limitations.  The order limitations clause 
applicable to the peacetime level requirements shall not 
apply to the S&S quantity to the extent that it conflicts 
with the quantity necessary to support a contingency.  The 
Government reserves the right to order less than the total 
phased quantity specified for each S&S delivery. The 
Government may order in excess of each phased delivery 
quantity provided the contractor shall accept the excess 
quantity. Multiple orders for the same NSN may be issued to 
support multiple contingencies provided the total quantity 
ordered does not exceed the total S&S quantity for all 
phases of delivery.   

         (3)  Contract Ceiling.  The Government reserves the 
right to increase the contract ceiling as necessary to 
accommodate the S&S quantity to the extent such quantity 
was not considered when establishing the initial contract 
ceiling.

    (d)  Options to Extend the Contract Term: The Government 
may consider the contractor's performance of the S&S 
requirements in determining whether exercise of the option 
is the most advantageous method of meeting the Government's 
needs.  Factors that may be considered include maintenance 
of the S&S capability; results of validation/testing; 
performance during an actual contingency; and other 
pertinent information related to the S&S requirement.