SMR4 Section G - Contracting Administration Data Final.pdf

SIR 693KA7-25-R-00001

Surface Movement Radar, Model 4 SMR4

Section G

SECTION G - CONTRACT ADMINISTRATION DATA

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G.1 AMS 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

(JULY 2019)

G.2 CONTRACT ADMINISTRATION (FAA)

G.3 CONTRACT ADMINISTRATION (CONTRACTOR)

G.4 CONTRACTING OFFICER’S AUTHORITY

G.5 ADDITIONAL DATA PERTINENT TO CONTRACTING OFFICER’S

REPRESENTATIVE (COR) DUTIES

G.6 OTHER CONTRACTING OFFICER REPRESENTATIVES

G.7 TECHNICAL CLARIFICATION(S)

G.8 CORRESPONDENCE PROCEDURES

G.9 PAYMENT REQUEST AND METHOD OF PAYMENT

G.10 SOFTWARE LICENSES

G.11 TRAVEL REIMBURSEMENT

G.12 ACCOUNTING AND APPROPRIATION DATA

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G.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 one or more 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 .

AMS

Clause

Title Date

3.10.1-22 Contracting Officer’s Representative April 2012

G.2 CONTRACT ADMINISTRATION (FAA)

The following names and addresses are applicable to this contract:

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

Patrick Weare, Contracting Officer, AAQ-210 Federal Aviation Administration 600 Independence Ave., SW Washington DC 20591 202-267-5483 Patrick.Weare@faa.gov

Aleksandra Skoric, Contracting Officer, AAQ-210 Federal Aviation Administration 600 Independence Ave., SW Washington DC 20591 202-267-0774 Aleksandra.Skoric@faa.gov

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

To be provided upon award.

c. 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:

To be provided upon award.

https://fast.faa.gov/contractclauses.cfm mailto:Aleksandra.Skoric@faa.gov

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d. FAA Property Roles

1. Property Administrator.

To be provided at time of award.

2. Property Custodian.

To be provided to Contractor via FAA Letter at time of designation.

e. FAA Technical On-site Representative’s (TOR) and Alternate TOR (ATOR). The

TOR/ATOR may be assigned by the FAA and in this case the Contractor will be provided a copy of the list of the TOR/ATOR names for the designated sites.

G.3 CONTRACT ADMINISTRATION (CONTRACTOR)

Contract Administration contractors will be:

- REGULUS GROUP, LLC

- DTIS LLC

- INCATECH LLC

G.4 CONTRACTING OFFICER’S AUTHORITY

a. 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 contribute, 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, the said 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.

b. 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

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Officer.

c. 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.

d. 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 the contract.

e. 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).

G.5 ADDITIONAL DATA PERTINENT TO CONTRACTING OFFICER’S

REPRESENTATIVE (COR) DUTIES

a. 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.

b. The COR may provide technical direction on contract performance. As used herein

“technical direction” is defined to include:

1. 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;

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

3. 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;

4. 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.

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

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

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

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

(d) Does not constitute a change as defined in the FAA Acquisition Management

System (AMS) Clause 3.10.1-12, Changes-Fixed Price, Alternate II;

(e) Does not constitute a change as defined in the FAA Acquisition Management

System (AMS) Clause 3.10.1-12, Changes-Fixed Price, Alternate III;

(f) Does not constitute a change as defined in the FAA Acquisition Management

System (AMS) Clause 3.10.1-13, Changes-Cost Reimbursement, Alternate II;

(g) 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;

(h) 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.

G.6 OTHER CONTRACTING OFFICER REPRESENTATIVES

The Contracting Officer may also appoint other representatives as follows:

a. Quality and Reliability Officer (QRO). The QRO is responsible for quality assurance, inspection, and acceptance, but does not have the authority to change any of the terms or conditions of the contract.

b. Technical On-site Representative (TOR)/Alternate TOR. A TOR/ATOR may be appointed for specific sites to serve as the FAA’s representative during the conduct of technical activities on/for that site. TORs/ATORs may only be appointed by the CO.

Generally, an ATOR may serve as the FAA’s representative in the absence of a TOR but may also have separate and distinct responsibilities under this Contract. These duties and responsibilities shall be specifically explained in the appointment letter.

G.7 TECHNICAL CLARIFICATION(S)

a. The COR and the TORs/ATORs are 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

G-6 basis for increase in the contract amount or extension of the contract period of performance.

b. The COR or TORs may provide technical clarification on contract performance. As used herein “technical clarification” is defined to include:

1. 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;

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

3. 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 Government under this contract; and,

4. Ensuring 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 Government drawings, designs, and specifications; to monitor the Contractor’s performance under the contract and notify the Contractor and CO of any problems observed; and to coordinate Government furnished property availability and provide for site entry of Contractor personnel if required.

c. When appropriate, the COR or TORs shall issue a written Technical Clarification (TC), which:

(1) Shall be consistent with the general scope of work set forth in the SOW and conform to the provisions of Paragraph G.7.b, above;

(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 II;

(5) Does not constitute a change as defined in the FAA Acquisition Management

System (AMS) Clause 3.10.1-12, Changes-Fixed Price, Alternate III;

(6) Does not constitute a change as defined in the FAA Acquisition Management

System Clause 3.10.1-13, Changes-Cost Reimbursement, Alternate II (April 1996);

and

(7) 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; and

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

d. When appropriate, TCs shall be issued in writing by the COR/TORs or confirmed by him/her/them in writing within two (2) calendar days after verbal issuance.

e. All costs associated with TCs which violates any or all of the provisions as outlined in paragraph G.7.c above shall be deemed unallowable.

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f. The Contractor must express concurrence that any such TCs are entirely within the scope of this contract and consistent with this provision by acknowledging and endorsing the written direction of the work so directed.

g. If the Contractor should, during the course of the contract, interpret TCs from the COR or TORs which violate any or all of the provisions outlined in paragraph G.7.c above, the Contractor must immediately suspend work (if work had been started) and notify the CO and the originator of the TC within forty-eight (48) hours. This notification process, if conducted verbally, must be followed up within two (2) calendar days with a detailed letter to the CO explaining the situation and asking for a decision. No further action must be taken by the Contractor under the TCs until directed to do so by the CO.

h. The Contractor hereby agrees that it must not be entitled to any equitable adjustment in the cost, price, or delivery schedule for any effort it undertakes pursuant to any direction, advice, clarification, or instruction given by any person other than by written order of the CO.

G.8 CORRESPONDENCE PROCEDURES

To promote timely and effective contract administration, correspondence submitted under this contract shall be subject to the following procedures (except for payment requests 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(s) listed in Section G.2. Correspondence of a technical nature must be addressed to the Contracting Officer with an information copy addressed to the COR listed in Section G.2.

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.

G.9 PAYMENT REQUEST AND METHOD OF PAYMENT

a. The Contractor must submit, on a monthly basis for FFP and T&M payment request

(including the materials component), and semi-monthly for cost type payment requests (CPFF, CR) or as otherwise specifically identified in the contract, a properly executed Standard Form 1034 (or superseding issue), Public Voucher for Purchases and Services Other Than Personal, together with the Contractor's regular payment request in suitable format with copy quantities as shown below. Payment requests must be billed in a sequential manner.

b. Each payment request submitted against this contract must contain the following based on type of payment request:

Type Items Below That Apply

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FFP (1), (2), (6), (9) and (11) CR and CPFF (1), (2), (4), (5), (6), (7), (8), (9), (10) and (11) T&M (1), (2), (3), (4)*, (5)*, (6), (7)*, (8)*, (9), and

(11)*.

*Applies to materials component of T&M

(1) Contract, Contract Line Item Number (CLIN), Delivery/ Task Order, Technical

Direction, and/or FAA Contracts Letter.

(2) Description of work.

(3) Labor charges (to include subcontractor labor charges) by labor hours, category, and price.

(4) Any time and charges invoiced will be reported quarterly for the previous quarter by dollars only.

(5) Hours and element of cost-by-cost account at factory cost, to include functional organization mapping. Element of cost identified as labor, labor burden, computer, travel/relocation, purchases/subcontracts, purchase/subcontractor burden, and all other costs, i.e. other value add and non-value add (all items further delineated as otherwise noted).

(6) Travel is to include a breakdown of all actual travel costs incurred. All invoiced travel costs must be substantiated by submission of supporting documentation in accordance with AMS Clause 3.3.2-2 Reimbursement for Travel and Subsistence and Section G.11 Travel Reimbursement. All anticipated travel must be approved by FAA Contracting Officer and COR. The Contractor must summarize the travel (date and place of the expenses, purpose of the trip, name of person(s) of trip and title of relationship to contractor, FAA contract number), and submit the information to the Contracting Officer and COR. The Contractor’s travel expense report must be provided to the Contracting Officer and COR at the same time the invoice is submitted for payment.

(7) Signature (on original payment request only) of an authorized company representative. Electronic signature is acceptable. Invoices and vouchers must be certified as follows:

CERTIFICATION: I hereby certify that the attached invoice is true and correct to the best of my knowledge, information, and belief.

X

Signature of Official Date of Signature Signer’s name typed or printed

Signer’s Title

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(8) All costs billed under a cost account under “purchases” line item over $75.00 – Provide cost account, description, functional organization, vendor name (including subcontractors, Contractor divisions, commodity vendors).

(9) All costs billed under a cost account under “Other Value Add” or “Other Non-Value Add” item over $75.00 – Provide breakout by cost account, description, functional organization, type of cost (e.g., depreciation, occupancy, and office services recoveries, specify any other allocations, etc.).

(10) Include contract value, authorized funding, previously billed amounts, current billed amount, and inception to date billed amounts.

(11) Provide all Contractor labor charges/hours by site (Contractor premise/off Contractor Premise).

(12) As directed in Acquisition Management System (AMS) Clause 3.3.1-40 Electronic Submission of Payment.

c. Back-up information/documentation sufficient to support and/or substantiate submitted costs (i.e., airline ticket stubs, hotel receipts, etc.) must be submitted together with SF1034 for all purchases over $75.00.

d. Back-up information identifying all prior year charges by division by element of cost by year, including breakout for each prior year to be provided with any payment /progress payment request that reflects a prior year billing rate change.

e. Distribution of payment requests must be made as directed in AMS Clause 3.3.1-40 Electronic Submission of Payment

The Contractor must upload each payment request to the Contractor Billings Submittal Site in Delphi eInvoicing web-portal. The FAA considers the Delphi upload date of each payment request as the date the payment request is received by the FAA.

f. Payment requests must comply fully with the requirements of FAA AMS Clause 3.3.1-17

“Prompt Payment (January 2021),” as set forth in Section I of this contract.

g. Per AMS Clause 3.3.1-17 Prompt Payment, payment shall be made to the Contractor within thirty (30) days after the Contractor issues a properly certified payment request.

G.10 FINAL INVOICES

For the final invoice for each delivery and task order, the Contractor must submit the following additional information:

(1) Contractor's assignment of refunds, rebates, and credits;

(2) Contractor's release;

(3) List of any inventions, copyrights, or patents relating to work under the

Contract; and

(4) The final invoice must be marked as “Final Invoice”.

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G.11 SOFTWARE LICENSES

Commercial computer software licenses and computer software documentation shall be acquired from the vendor under licenses customarily provided to the public to the extent the license(s) are consistent with Federal law and otherwise satisfies the needs of the FAA.

Software licenses are herewith described:

FAA will have the unlimited rights to modify the software per the Government’s requirements.

Modified software will become the ownership of the FAA.

G.12 TRAVEL REIMBURSEMENT

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 Contracting Officer and COR.

Except as otherwise provided herein, the Contractor will be reimbursed for travel on the basis of reasonable actual expenses incurred subject to the following:

(1) Travel: The Contractor must ensure that:

a. All travel, whether it be 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.

b. The travel reimbursement herein includes only that travel (commercial carrier, private automobile, or automobile rental) performed in accordance with this statement of work. Travel within a Government installation where Government transportation is available, and travel performed for personal convenience, including daily travel to and from work, will not be reimbursed.

c. Relocation costs and or incidentals to relocate will not be reimbursed.

d. The Contractor must use alternate airports where available and within reasonable commuting distances if it will result in lower costs to the Government.

e. The contractor must conduct a cost analysis prior to requesting and submitting for travel approval to the FAA CO and COR to establish that due diligence has been performed on behalf of the Contractor.

f. The Contractor must submit all travel requests immediately upon the Government’s request and no later than five (5) days before the day of departure.

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Emergency/Urgent travel requirements may be required, and the Contractor must provide such justification to the CO and COR for acceptance.

(2) Per Diem:

a. The Contractor will be reimbursed for the reasonable expense of meals, lodging, transportation between place of lodging or business and places where meals are taken in accordance with the current “Federal Travel Regulations” (FTR).

b. Receipts are required for all Per Diem Expenses being submitted for reimbursement exceeding $75.00. To find current rates in the Continental United States (“CONUS Rates”), the U.S. General Services Administration (GSA) link is:

https://www.gsa.gov/travel/plan-book/per-diem-rates

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

(3) Contractor Use of Government Discount Rates:

a. To the maximum extent practical, and consistent with travel requirements, the Contractor agrees to use the reduced air transportation rates and reduced hotel accommodation rates where Government rates are available.

b. Upon the notification from the Contractor to the COR and CO, the Contracting Officer will provide the identified Contractor for travel with an agency letter of identification for presentation as proof of travel on behalf of the Government to be used for lodging, airfare, or automobile rental.

c. The Contractor must use the Federal Travel Directory—which General Services Administration (GSA) publishes monthly, identifying current contract airlines and hotels--for all required travel. The symbol in the Federal Travel Directory for discount rates is (CRC).

(4) The FTR regulations and information are available online at:

www.gsa.gov/federaltravelregulation

G.12 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data for obligations under this contract will be set forth in individual Task and Delivery Orders.

END OF SECTION G