SMR4 Section F - Deliveries or Performance Final.pdf

SIR 693KA7-25-R-00001

Surface Movement Radar, Model 4 SMR4

Section F

F-1

TABLE OF CONTENTS

F. 1 AMS 3.1-1 Clauses and Provisions Incorporated by Reference (July 2019)

F.1.1 AMS Clause 3.8.2-22 Substitution or Addition of Personnel (October 2006)

F.1.2 AMS Clause 3.11-60 Specific Quantities Unknown (April 1999)

F. 2 Definitions

F. 3 Place of Performance

F.3.1 Contract Data Requirements List (CDRL) Deliverables

F.3.2 Equipment

F. 4 Delivery and Performance Dates

F.4.1 Contract Period of Performance

F.4.2 Delivery Schedule of Delivery Orders

F.4.3 The CDRL Deliverables Schedule

F. 5 Site Deployment Priorities and Designation of Delivery Points

F. 6 RESERVED

F. 7 Delivery and Installation

F. 8 Deliveries to FAA Facilities

F. 9 Timeframe of Delivery and Performance

F.9.1 Base Period, Option Period 1, Option Period 2

F. 10 Milestone Payment Schedule

F.10.1 Milestone Payments for CLINs: 0006b, 0006c, 0006d, X015

F-2

PART I – THE SCHEDULE

SECTION F – Deliveries or Performance

F. 1 AMS 3.1-1 Clauses and Provisions Incorporated by Reference (July 2019)

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: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

FAA Acquisition Management System (AMS) Clause List by reference is as follows:

AMS

CLAUSE

TITLE DATE

3.10.1-9 Stop-Work Order October 1996 3.10.1-9 Stop-Work Order, Alternate I October 1996 3.10.1-24 Notice of Delay March 2009 3.11-34 F.O.B. Destination April 1999

Clauses and Provisions Incorporated in Full Text

F.1.1 AMS Clause 3.8.2-22 Substitution or Addition of Personnel (October 2006)

(1) The Contractor must assign only those individuals whose resumes, personnel data, or personnel qualification statements that have been submitted and determined by the Contracting Officer to meet the minimum requirements of the contract. The Contractor must not substitute or add personnel except in accordance with this clause.

(2) Substitution of Personnel.

(a) For the first 360 days of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification that were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.

(b) If an individual becomes, for whatever reason, unavailable for work under the contract for a continuous period exceeding thirty (30) working days or is expected to devote substantially less https://fast.faa.gov/contractclauses.cfm

F-3 effort to the planned work, the Contractor must propose a substitute personnel as required by paragraph (4) below.

(3) Addition of Personnel. If an FAA requirement will increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract, then the Contractor must notify the Contracting Officer to add personnel to the designated labor category. The Contractor must request added personnel as required by paragraph (4) below.

(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least 60 days (if a security clearance must be obtained, at least 40 days) before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer. Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel.

(5) The Contracting Officer may terminate the contract if the Contractor has not made suitable, timely, and reasonably forthcoming replacement of personnel who have been reassigned or terminated or otherwise become unavailable to work under the contract or the resulting loss of productive effort would impair the successful completion of the contract. Alternatively, if the Contracting Officer finds the Contractor to be at fault for the condition, then the Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor's action.

(End of clause)

F.1.2 AMS Clause 3.11-60 Specific Quantities Unknown (April 1999)

(a) For the purpose of evaluating "f.o.b. destination" offers, the Government estimates that the quantity specified will be shipped in accordance with Section B to the destinations indicated in Attachment J-05.

(b) If the quantity shipped to each destination varies from the quantity estimated, and if the variation results in a change in the transportation costs, appropriate adjustment shall be made.

(End of clause)

F-4

F. 2 Definitions Note the following terminology:

Abbreviation Definition AMS Acquisition Management System ASR As Required CA Contract Award CAI Contractor Acceptance Inspection CDR Critical Design Review CDRL Contract Data Requirements List CO Contracting Officer COR Contracting Officer’s Representative DID Data Item Description DO Delivery Order EA Each TO Task Order IAW In Accordance With IOC Initial Operating Capability TOR Technical On-Site Representative ARO After Receipt of Order. “Order” means a Delivery Order, or a Task Order.

ASR As required ATOR Alternative Technical On-Site Representative POP Period of Performance

All abbreviations connected to CDRLs can be found in the CDRLs Matrix, Section J, Attachment J-02, worksheet “Acronyms.”

F. 3 Place of Performance The effort required by this contract must be performed at the Contractor’s facilities, at any FAA location, and other locations as needed to support Air Traffic Control. A list of radar sites is contained in Section J, Attachment J-05. The Government reserves the right to change the location of the sites at no additional cost to the Government.

F.3.1 Contract Data Requirements List (CDRL) Deliverables All Contract Data Requirements List (CDRL) deliverables under this contract must be delivered electronically, or to F.O.B. Destination, IAW the CDRLs unless otherwise specified in Section D. CDRLs delivered electronically must be delivered as directed by the FAA Contracting Officer’s Representative (COR) or the FAA Contracting Officer (CO).

F.3.2 Equipment The Contractor must deliver equipment as described in Section F. 8 Deliveries to FAA Facilities.

F-5

F. 4 Delivery and Performance Dates

F.4.1 Contract Period of Performance The contractual effort must be delivered or performed in accordance with (IAW) the time periods and associated requirements or in the Delivery Orders/ Task Orders. The contract period of performance for the base period and all option periods is listed in Section B of this SIR or contract. Delivery Orders/ Task Orders will stipulate the specific delivery dates and/or Period of Performance and quantities for the CLINs contained in each order. Delivery Orders are associated with IDIQ CLINs.

F.4.2 Delivery Schedule of Delivery Orders A complete description of the supply/service required, the quantity, delivery date, data deliverables, place of delivery, and other pertinent information, if applicable, will be specified in each Delivery Orders. The Contractor must perform all work and deliver all deliverables in accordance with schedules set forth in individual Delivery Orders. The below table shall be completed at contract award by the Government.

CLIN Title Delivery Schedule

Program Management To be completed by the Government at contract award.

System Engineering See above.

0003 System Design/Software (SW) Development See above.

0004 System Test and Evaluation See above.

0005 First Article Production Acceptance Test and System Support See above.

0006 First Article Systems

0006a In-Plant Development Test System See above.

0006b Program Support Facility (PSF) System See above.

0006c Academy System See above.

0006d Key Site Systems See above.

0006e Depot Support System See above.

0007 Integrated Logistics Support

0007a 1007a 2007a

Integrated Logistics Support Program Management See above.

F-6

0007b 1007b

Interim Contractor Depot Level Support (ICDLS) See above.

0007c Site Spares & Site Consumables See above.

0007d ICDLS/Depot Spares Lay-In See above.

0007e Support and Test Equipment See above.

0007f Technical Data See above.

0008 Training

0008a Training Development – System Familiarization See above.

0008b Training Development – Second Level Engineering See above.

0008c Training Development – Depot See above.

0008d Training Development – Technical Operations

See above.

0008e Training – Conduct and Materials – System Familiarization

See above.

0008f 1008f

Training – Conduct and Materials – Second Level Engineering

See above.

0008g 1008g Training – Conduct and Materials – Depot See above.

0008h Training – Conduct and Materials – Technical Operations

See above.

Engineering Services See above.

Information System Security See above.

Travel/ODCs See above.

0012 Site Implementation 0012a 1012a 2012a

Site Survey and Report See above.

0012b 1012b 2012b

Site Preparation See above.

0012c 1012c 2012c

Installation, Checkout, Optimization and Acceptance

See above.

2013 First Article - System Refurbishment See above.

F-7

Additional Maintenance Terminals See above.

Production Systems See above.

F.4.3 The CDRL Deliverables Schedule The commencement and completion milestones for the contract data deliverables are listed in the Contract Data Requirements List (CDRL) Matrix and Data Item Descriptions (DIDs) contained in Section J, Attachment(s) J-02. A list of all CDRLs is listed within the CDRL Matrix. The Contractor must deliver each item in the CDRL matrix to the FAA CO and COR, at the indicated frequency. All CDRLs must be delivered electronically unless otherwise specified. All days will be “Calendar Days” unless otherwise specified. The CDRL Matrix will take precedent over Section F, should any of the CDRLs be missing.

F. 5 Site Deployment Priorities and Designation of Delivery Points

This contract contains the initial SMR4 Site List (Attachment J-05) for site deployment in the government preferred order. The FAA retains the right to unilaterally change the sequence with reasonable notification to the vendor.

The Government reserves the right to revise the delivery order of parts and services for the subject contract.

F. 6 RESERVED

F. 7 Delivery and Installation The procedures for delivery of all software, firmware and hardware, equipment, and notification for commencement of installation services must be as follows:

1) Site Notification. The Contractor must notify the FAA Technical On-Site Representative

(TOR) at each site as early as possible, but not less than twenty-one (21) calendar days prior to the planned date for delivery and/or installation services to be performed at each site.

2) Notification of Shipment to Installation Sites. The Contractor must notify the TOR and the FAA Contracting Officer and Contracting Officer’s Representative (COR) when equipment or documentation will be shipped to the sites. The equipment or documentation must be shipped according to instructions provided by the FAA. The notification must include the date of shipment, contract number, description of equipment or documentation, quantities, F-8 and the name of the carrier. See Contract Section D for details on Packaging and Marking.

The notification of shipment to installation sites must be received by the TOR and CO/COR no-later than 72 hours prior to equipment delivery date.

F. 8 Deliveries to FAA Facilities

(a) Security procedures at FAA facilities may require that all mail, materials, packages, or parcels of any kind be delivered to a central screening point for inspection by the FAA. This can affect mail and other deliveries destined for all organizations located on FAA property, including government organizations, contractors, and permit holders. After passing security inspection, the mail or material may be handled and delivered by the FAA. FAA will make every reasonable effort to conduct such inspections and handle items carefully to avoid damage or delay.

(b) These inspections are for the benefit of the FAA only. The FAA makes no representation that any material passing inspection is without hazard, poses no threat, or that it conforms in form, fit, function or quantity to the expectations of the intended recipient.

(c) The FAA will not be liable for any 1) loss, damage, or shortage of any mail or materials, 2) injury, or 3) delay in performance resulting from such inspections and handling, unless liable under the Federal Tort Claims Act (28 U.S.C. 2671-2680). The Contractor is responsible and must fully consider the possibility of delays when scheduling deliveries to ensure inspection and acceptance is completed according to the Contract schedules.

(d) Any item destined for the Contractor from the Contractor, or to the FAA from the Contractor, that fails to pass inspection remains the property of the Contractor, who is responsible for its disposition and coordination with law enforcement agencies as necessary.

F. 9 Timeframe of Delivery and Performance This section describes the Delivery and/or Performance under each CLIN. FAA reserves the right to update the Delivery Schedule on a regular basis by either an FAA Letter, issuance of a Delivery Order and/or Modification to this Contract. It is understood that due to the nature of this work some work items / deliveries and installations have external dependencies that drive actual dates.

F-9

F.9.1 Base Period, Option Period 1, Option Period 2

Evaluation of performance will be conducted by the Government in accordance with the associated CDRL matrix of this contract. For the Base Period, Option Period 1, and Option Period 2 deliveries and performance, refer to the CLINs in Section B and Attachment J-02.

F. 10 Milestone Payment Schedule

F.10.1 Milestone Payments for CLINs: 0006b, 0006c, 0006d, X015 Milestone Event Payment

1 After Receipt of Order 20% of total FFP for each unit 2 Complete Delivery at Site 40% of total FFP for each unit 3 Complete Installation and Checkout 20% of total FFP for each unit

4 Complete Customer Acceptance Inspection (CAI)

20% of total FFP for each unit

Milestones for any given Fixed Price Contract Line Item Number (CLIN) must be achieved and billed sequentially. Should the Contracting Officer find that failure to make satisfactory progress toward the accomplishment of any of the 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 (referred in the table above as a “each unit”). 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 and are 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.

END OF SECTION F