MSBRS SIR Section G.docx

Contract Number: XXXX Section G: CONTRACT ADMINISTRATION DATA

TABLE OF CONTENTS

AMS 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JULY 2011)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: http://conwrite.faa.gov.

3.10.1-22 Contracting Officer’s Representative (April 2012)

Contract Administration (FAA)

1. Contracting Officer—The FAA Contracting Officer’s address is as follows:

Federal Aviation Administration ATTN: Craig Mayo, Contracting Officer, 600 Independence Avenue, SW Washington, D.C. 20591 Telephone: 202-267-0773 Email: Craig.Mayo@faa.gov

2. Contracting Officer’s Representative (COR). To be designated in writing by the Contracting Officer upon contract award.

3. Quality Reliability Officer (QRO). The FAA Quality and Reliability Officer (QRO) will be appointed following contract award via correspondence from the Contracting Officer. The QRO’s address is as follows:

600 Independence Avenue, SW Washington, D.C. 20591

Contract Administration (Contractor)

1. MSBRS Contract Manager:

Telephone: ___________________ Fax: ________________________ Email: ______________________

Contracting Officer's Authority

The Contracting Officer assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting; ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships. Accordingly, the Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the Contracting Officer is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, this authority remains solely with the Contracting Officer. In no event will any understanding or agreement, modification, change order or other matter that deviates from the terms of this contract be effective or binding upon the Government, unless issued by the CO. If the Contractor does not heed this warning, the Contractor will risk Non-Payment or Disallowance of such costs.

1. The Contracting Officer may designate, in writing, representatives to perform functions required to administer this contract. However, any implied or expressed actions taken by these representatives must be within the limits cited within the Contracting Officer’s written designations. The Contracting Officer shall provide the Contractor copies of all relevant written designations. If any individual alleges to be a representative of the Contracting Officer and the Contractor has not received a copy of the document designating that representative, the Contractor must refrain from acting upon the representative’s requirements and immediately contact the Contracting Officer to obtain a copy of the document designating that individual as a representative of the Contracting Officer.

2. It is the responsibility of the Contractor to contact the Contracting Officer immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. Work not ordered by the Contracting Officer and/or work outside the scope of the contract shall not be reimbursed by the Government. The Contractor must immediately notify the Contracting Officer for clarification when a question arises regarding the authority of any person to act for the Contracting Officer under this contract. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

3. The Contractor must submit request for modification(s) of this contract to the Contracting Officer, with a copy of the request to any appointed Contracting Officer’s Representative (COR).

Contracting Officer’s Representative (COR)

1. The Contracting Officer may designate other FAA personnel (known as the Contracting Officer's Representative) to act as his or her authorized representative for contract administration functions that do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

2. The Contractor must immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

3. The COR is not authorized to make any commitments or changes which constitute work not within the general scope of this contract, or change the expressed terms and conditions incorporated into this contract, or which constitute a basis for increase in the contract amount or extension of the contract period of performance.

4. The COR may provide technical direction on contract performance. As used herein “technical direction” is defined to include:

a. Direction to the Contractor which confirms the results of meetings, fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to accomplish the contract SOW;

b. Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work description;

c. Review and, where required by contract, approval/ recommended acceptance of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the FAA under this contract;

d. Assuring that the Contractor performs the technical requirements of the contract; to perform or cause to be performed, inspections necessary in connection with performance of the contract; to maintain both written and oral communications with the Contractor concerning the aspects of the contract within his/her purview; to issue interpretations of technical requirements of FAA drawings, designs, and specifications; to monitor the Contractor’s performance under the contract and notify the Contractor and Contracting Officer of any problems observed; and to coordinate Government furnished property availability and provide for site entry of Contractor personnel if required.

e. COR technical direction will be issued in writing in the form of a Technical Direction Memorandum (TDM), which:

1) Will be consistent with the general scope of work set forth in the SOW;

2) Does not constitute assignment of new work or change the terms, conditions, or specifications of the contract;

3) Does not constitute a basis for increase in the contract cost or extension to the performance/delivery schedule;

4) Does not constitute a change as defined in the FAA Acquisition Management System (AMS) Clause 3.10.1-12, Changes-Fixed Price, Alternate I;

5) Does not constitute a change as defined in the FAA Acquisition Management System (AMS) Clause 3.10.1-13, Changes-Cost Reimbursement, Alternate I;

6) Does not constitute a change as defined in the FAA Acquisition Management System (AMS) Clause 3.10.1-14, Changes-Time and Materials or Labor Hours;

7) Does not interfere with the Contractor’s right to perform to the terms and conditions of the Contract.

f. Technical direction will be issued in writing by the COR or confirmed by him/her/them in writing within two (2) calendar days after verbal issuance.

g. The Contractor shall express concurrence that any such technical direction is entirely within the scope of this contract and consistent with this provision by acknowledging and endorsing the written direction of the work so directed.

Correspondence Procedures

To promote timely and effective contract administration, correspondence submitted under this contract shall be subject to the following procedures (except for invoices and deliverable items which are addressed separately in this contract):

1. All correspondence shall contain a subject line commencing with the contract number.

2. All correspondence relative to this contract must be addressed to the Contracting Officer listed in Section G.3. Correspondence of a technical nature must be addressed to the Contracting Officer with an information copy addressed to the Contracting Officer’s Representative (COR) listed in Section G.3.

The Data Management Administrator is the Government point of contact for the receipt of Contract Data Requirements List (CDRL) deliverables and may coordinate with the Contractor on questions of receipt of CDRL deliverables and/or Contractor receipt of government CDRL comments as needed.

MILESTONE PAYMENT SCHEDULE

Contract billing for Fixed Price Contract Line Item Numbers (CLINs) shall be based upon the following milestones. Milestones for a given CLIN must be achieved and billed sequentially. However, should the Contracting Officer find that failure to make satisfactory progress toward the accomplishment of any of these milestones is endangering the performance of this contract; the Contracting Officer may reduce or suspend milestone payments. For CLINs associated with systems, the milestones will be applied on a system by system basis. Milestone payments will not occur until after the milestone event has been completed with Government approval, any related meeting minutes have been approved, and the associated CDRLs have been approved without comment and accepted by the Government. The completion of milestone events shall not be construed as a complete CLIN delivery in lieu of those defined in Section F of this contract.

Table 1 – MILESTONE PAYMENT SCHEDULE

SE04, SW05, HF01

SE04, SE06,

SW01, SW03,

TD05, TD10,

TD12, TD13,

TD14, TE06,

IM01, IM02,

HF02, HF03,

TD03, TD04, TD06, TD08, TD09, TD15,

TE01, TE02, HF04

3.11.2.1.3

3.16.3.1 – 3.16.3.2.2

TD04, TR01, TR02, TR03, TR04, TR05, TR06, TR07, TR08, TR09,

3.10.2 – 3.10.2.4

LS06, LS07, TR15

TD07, SW04, SW06, SE15, TR14

TE08

TE08

Table 2 – MILESTONE PAYMENT PERCENTAGE ORDERING Procedures for Task Orders, Delivery orders, Change Orders and Modifications

The CO will issue Task Orders/Delivery Orders for work within the scope of the Statement of Work (Section C) for optional CLINs, for ordering additional quantities of CLINs, for T&M efforts using CLINs in Section B and other efforts as identified during the period of performance of this contract. In response, the contractor must submit proposals, which may result in the issuance of bilateral task orders. The process for issuing Task Orders will include, nominally the following steps:

1. COR and/or end-users identify requirements that are consistent with the SOW.

2. CO issues a Task Order Proposal Request (TOPR) to the MSRBS Contractor for the requirement which will include:

· A summary statement of work describing the requirement in terms of CLINs from Section B.

· Any additional terms and conditions that apply to this specific requirement.

· Deadline for contractor’s questions regarding the TOPR.

· Proposal due date as defined by the CO and COR.

· Instructions for preparing the proposal.

· Evaluation factors and process.

· Other relevant documents including specifications.

3. Contractor submits their proposal at their own expense.

4. FAA evaluates the contractor’s proposal.

5. Discussions are conducted if necessary.

6. CO issues Task Order/Delivery Order.

All Task Order/Delivery Order proposals must be prepared in accordance with the contract XXXX and all applicable clauses and must contain the following:

Delivery Order

1. Reference to CLIN number(s) under which the supplies are being ordered

2. Item description, quantities, unit pricing and extended pricing

3. Anticipated delivery date

4. Delivery address

5. Contractor’s point of contact (POC) with telephone number and email address

6. Any special requirements.

Task Orders

1. A description of the work to be performed

2. Location and Period of Performance

3. Reference to CLIN number(s) which the service/supplies are being ordered and associated ceiling price

4. Estimated labor category, hours and fully burdened labor rate

5. Anticipated material, travel and ODC requirements

6. Start and completion dates with major milestones

7. Deliverables with required delivery dates

8. Any special requirements or information required by the CO.

Performance under any orders issued under this contract must adhere to the following:

1. The Contractor may incur costs against active CLINs only in the performance of awarded Task Orders, and definitized CLINs after issuance by the CO with authorization to begin work. No other costs are authorized without the written consent of the Contracting Officer. The Government will not assume any responsibility for costs incurred by the Contractor for supplies/services where work was begun prior to receipt of properly issued TO and DO or other appropriate authorization from the CO.

2. All awarded Task Orders and CLINs are subject to the terms and conditions of this contract. In the event of discrepancies, the contract takes precedence.

3. The Contractor must maintain and submit separate cost records (including invoices) for each CLIN and awarded Task Order. The Contractor must not incur or accrue costs exceeding the authorized amount for any CLIN or awarded Task Order without written authorization from the Contracting Officer.

Invoicing and Payment

The Contractor must submit invoices no more often than monthly unless otherwise authorized, in writing, by the Contracting Officer. Invoices must be prepared and submitted by the 15th of each month. All invoices for payment under this contract must include the following information:

1. The Contract Number (to include applicable order numbers and (CLINs).

2. The Invoice Number and Date prepared.

3. The Contractor’s name, mailing address, and telephone number.

4. Billing period covered by month, day and year.

5. Dollar amount for the current billing period grouped/totaled by Task Order number and CLIN number. Labor must itemize the individual by name, CLIN, labor category, labor rate, hours, and extended cost.

6. Cumulative dollar amount for the contract grouped/totaled by Task Order number and CLIN number. Labor must itemize the individual by name, CLIN, labor category, labor rate, hours, and extended cost.

7. Supporting or backup documentation as follows:

· Travel Expense Claims (Include receipts for lodging, rental cars, and airfare).

· Receipts for all invoiced purchases/ODCs greater than $75.

· Receipts for any other direct charges greater than $75 as may be listed on the invoice.

8. Name and telephone number of the Contractors contact for resolution of questions.

9. The Contractor must place the following statement on each invoice, signed by an authorized company representative:

“I certify that this invoice is correct and in accordance with the terms of the contract. I further certify that the costs included herein have been incurred, represent payments made by the Contractor, and properly reflect the work performed.”

Signature of Contractor’s Authorized Representative Date

The Contractor must deliver its invoices, via email, to the following:

Contracting Officer Craig Mayo Email: Craig.Mayo@faa.gov

COR

Barbara Kratz Email: Barbara.Kratz@faa.gov

Each Public Voucher (SF 1034) must include a detailed breakdown by CLIN showing the billed cost or price. The Contractor must cite on each invoice the applicable CLIN and the CWBS element. For each CLIN, the Contractor must provide the following:

· CWBS for the completed work listed in the invoice consistent with the CWBS negotiated (minimum 4th level).

· The date the work was performed for each CWBS listed in the Invoice.

· Complete description of the materials listed in the invoice.

· Travel costs, per diem rates, labor hours, and labor hour rate(s) as applicable

· Subcontractor costs with dates of performance, materials information, when applicable

· Other charges with justification.

Invoices for FFP CLINs shall also contain the following information:

· CLIN

· Description of work/milestone.

· Quantity of items billed (if applicable).

· Contractual firm-fixed-price, and associated calculations specific to billing.

In the case of a FFP CLIN the Contractor must bill for the firm fixed price per unit noted in Section B and description of milestones and payment percentages as described in Section G.8.

For cost reimbursement CLINs, the Contractor must submit requests for payment under this contract on a properly executed Standard Form 1034, Public Voucher for Purchases and Services other than Personnel, together with the contractor’s regular invoice.

The Contractor must provide simultaneously with the original, an electronic copy of each certified invoice to the Contracting Officer and the Contracting Officer’s Representative as listed in Section G.3

In the case of a CPFF CLIN the Contractor must bill for the actual cost incurred for the billing period and the corresponding portion of fee.

Invoices for T&M CLINs shall be prepared/administered in accordance with AMS Clause 3.3.1-5 “Payments Under Time-and-Materials and Labor-Hour Contracts (May 2001)”, and contain the following information:

· Contract, Contract Line Item Number (CLIN), and Task Order Number.

· Description of work.

· Straight time labor rate by man-hour, names of person(s) performing service, job classifications, location of performance, price if applicable.

· Premium time and rate (if any) by man-hour, names of person(s) performing service, job classifications, location of performance, price and name of the FAA approving official.

· Itemized travel costs by trip.

· Material costs per order.

· Itemized other direct costs, when authorized.

FAA approval of the invoices will be based on Contracting Officer and Contracting Officer’s Representative review. Payment will be made pursuant to the “Payment by Electronic Funds Transfer- System for Award Management” clause in Section I of this contract, or the Contracting Officer will authorize payments in amounts determined to be allowable and allocable in accordance with the FAA AMS Policy. All invoices must comply with the FAA Prompt Payment Clause 3.3.1-17.

The contractor’s remittance address is as follows:

Contractor’s Remittance Address:

Travel Reimbursement (CLINs 0016, 2016, 3016, 4016)

The Contractor will be reimbursed for allocable, allowable and reasonable travel expenses in accordance with the Federal Travel Regulations (FTR). All Contractor travel must be identified and have prior written approval by the COR or an authorized representative.

Except as otherwise provided herein, the Contractor will be reimbursed on a cost plus no fee basis for travel on the basis of actual expenses, subject to FTR guidelines and the limitations cited below:

1. All travel, whether it is within the continental United States or outside the continental United States, must be accomplished by commercial carrier, rail, privately-owned automobile or auto rental and the cost paid by the Contractor. The Government will only reimburse the Contractor in accordance with the “Federal Travel Regulations” (FTR) effective at the time of travel. Additional reimbursable costs may include bridge tolls, and current rates per mile. The Contractor will be reimbursed for the expense of meals, lodging, transportation between place of lodging or business and places where meals are taken.

2. In maintaining a policy of keeping travel costs ‘reasonable’ in the performance of this contract, the Contractor agrees to use a cost-effective approach and continuously pursue opportunities to lower and contain travel costs using, where practical, group rate arrangements, off-peak travel itineraries and other similar travel cost containment methods. Further, the Contractor agrees to effect procedures to ensure Government reimbursable travel expenditures are only incurred when absolutely necessary.

3. The Contractor agrees to use the reduced air transportation rates and reduced hotel accommodation rates where Government rates are available to the maximum extent practical, and consistent with travel requirements. The Federal Travel Directory, which General Services Administration (GSA) publishes monthly, identifies current contract airlines and hotels discount rates that shall be utilized for all required travel (The symbol in the Federal Travel Directory for discount rates is “CRC”).

4. In the event Government rates are not readily available, the contractor has the responsibility to conduct a cost analysis prior to the start of travel to determine the overall most cost-effective means to be submitted for approval by the CO/COR.

5. Incurred travel costs listed below will be disallowed for Government reimbursement and considered as being expenditures to be absorbed by the Contractor. In accordance with AMS T3.3.2, the following costs are disallowed unless otherwise approved by the Government:

· In excess or amounts allowed by FTR;

· Within a Government installation where Government transportation is available;

· For performed for personal convenience, including daily travel to and from work;

· In the case of urgent emergency travel, in excess of amounts allowed by the FTR, due to the Contractor not requesting Contracting Officer assistance reasonably in advance except for justifiable and documented circumstances which prevented such advance contact from being possible; and

· In the replacement of personnel when such replacement is accomplished for the Contractor’s or employee’s convenience.

· Cell phones, internet/air card usage, office equipment, office supplies are not reimbursable.

The FTR is available online at:

www.gsa.gov/federaltravelregulation

TASK AND DELIVERY ORDER Accounting and Appropriation Data

Funds for this contract shall be obligated on individual delivery orders and task orders. All task and delivery orders issued under this contract will be accompanied by a proper FAA funding sheet which cites, at a minimum, the task/delivery order number, accounting data to charge for effort performed under the task/delivery order and the total amount of funding authorized to be expended for the task/delivery order.

FAA Internal Reviews of Contractor Performance

Notwithstanding the requirement that price must always be assessed by the Contracting Officer as being reasonable, the FAA places a high value on the Contractor providing a high level of quality in performing this contract. This FAA emphasis on the importance of quality performance initiated in awarding this contract will be ongoing throughout the duration of this contract. Accordingly, the FAA will periodically, as subsequently scheduled by the Contracting Officer, conduct formal internal reviews focused on assessing the quality of the Contractor’s performance. The FAA will submit an electronic record of contractor performance on this contract in the Past Performance Information Retrieval System (PPIRS) at http://www.ppirs.gov. The FAA has implemented the Contractor Performance Assessment Reporting System (CPARS) to submit records to PPIRS. One or more past performance evaluations will be conducted on this contract in order to record contractor performance. See Section I Clauses by Reference, 3.10.1-26 “Contractor Performance Assessment Reporting System (April 2013)”.

Indirect Rate Submissions for Cost-Type CLINs

1. The Contractor, as soon as possible but not later than 90 days after the expiration of the Contractor’s fiscal year, must submit to the Contracting Officer, specified in paragraph G.2 proposed final indirect rates together with supporting data, for the Contractor fiscal year just completed, based on the Contractor’s actual cost experience during that period. The data will be used for financial planning purposes only.

2. The Contracting Officer is responsible for negotiating the applicable direct and indirect rates the Contractor utilizes to accrue costs under this contract. If the offeror’s direct and indirect rates are reviewed by the cognizant Defense Contract Audit Agency (DCAA), then DCAA’s recommended direct & indirect rates will be utilized to bill cost under this contract. Alternatively, if applicable, the cognizant Corporate Administrative Contracting Officer (CACO) is delegated responsibility to negotiate the Contractor’s billing and final indirect rates, in accordance with appropriate guidelines and procedures, and to administer Cost Accounting Standards and applicable DODI 5000.2 compliance.

3. Allowability of costs and acceptability of cost allocation methods shall be determined in accordance with the cost principles in effect as of the date of this contract in accordance with AMS T.3.3.2.

4. The settlement of the final indirect rates and indirect costs must be accomplished prior to the Contracting Officer’s approval of the final payment.

5. Pending settlement of final indirect expense rates for any period, the Contractor will be reimbursed at billing rates acceptable to the Contracting Officer. These billing rates are subject to appropriate adjustments when the final indirect rates are settled. On an annual basis the Contractor must provide to the Contracting Officer, within 90 days after the expiration of the Contractor’s fiscal year, a billing rate proposal with supporting data. If billing rates change substantially at any time during the contract performance period, the Contractor must notify the Contracting Officer in writing. Upon review of the annual billing rate proposal or any modification of substantial rate change during the contract performance period, the Contracting Officer may adjust the approved billing rate(s). Such adjustment may apply retroactively and/or prospectively. In the event the adjustment is to be applied retroactively, the Contractor must make appropriate adjustments on its next invoice.

Contract Close-Out and Transition Period

Contract Closeout will be completed in accordance with AMS Guidance T.3.10 (A)(11) Contract Closeout and the limitations cited below. The Contractor agrees to work cooperatively with the Contracting Officer to close out contracts or task orders as soon as possible after they are physically completed. A period of 90 days is scheduled at the end of the period of performance of this contract for the FAA, the Contractor and the succeeding contractor (if there is one) to transition contract management responsibilities to the succeeding contractor.

The Contracting Officer has the authority to require an audit of final indirect cost rates, as provided in AMS 3.3.1-5, when determined necessary to protect the Government’s interest.

1. Upon the completion of a contract, the Contractor must communicate with the Program Office COR to determine that all work was completed and accepted and that all documents, licenses, and other required elements have been provided per terms of the contract.

2. The Contractor must request property disposition for a contract involving Government Furnished Property and/or Contractor acquired property on behalf of the Government. The request will be made in writing and submitted to the Program Office COR. The request will include an inventory (description, quantity, location, value, condition) of property of disposition. The Program Office COR will respond and provide written disposition instructions to the Contractor.

3. The Contractor must submit the following information and documents:

· Contractor's assignment of refund rebates and credits.

· Contractor's release.

· Report of inventions and subcontracts, materials and software.

· A list of all Government Furnished Equipment (GFE) and the intended time and place for return.

· Final Invoice must be identified as "Final Invoice."

4. The Contracting Officer will issue a modification to de-obligate any remaining funds and closeout the contract.

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