Section G_Contract Admin Data_Amend 00002.pdf

SIR 693KA8-20-R-00008 // Amendment 00002

PART I – SECTION G

CONTRACT ADMINISTRATION DATA

G.1.0 AMS CLAUSE 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY

REFERENCE (JUL 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 Offeror’s and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

FAA ACQUISITION MANAGEMENT SYSTEM (AMS) CLAUSES

The following contract clause or clauses pertinent to this section are hereby incorporated by reference:

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

G.2.0 CONTRACT ADMINISTRATION POINTS OF CONTACT

Program Manager (PM) Anthony Messina, AJW-221, (202) 267-6129 Lead Engineer Adam Moyer, AJW-2232, (405) 954-2152 Quality Representative

(QAR)

Mark Barrett, AAP-710 (609) 335-7466

Implementation Lead Adam Moyer, AJW-223, (405) 954-2152 Logistics Lead Jacquita Parker, AML-8050, (405) 954-7411 Property Administration Representative

TBD

Contracting Officer (CO) Leslie Fisher, AAQ-320 Federal Aviation Administration 800 Independence Avenue, SW Room 406 Washington, DC 20591 Email: leslie.fisher@faa.gov Office: 614-255-3006

Contracting Officer’s Representative (COR)

Jaron Mengel, AJW-222, (202) 267-3372

G.3.0 RESPONSIBILITY FOR CONTRACT ADMINISTRATION

The FAA CO is responsible for all contract administration under the contract. The FAA CO may designate, in writing, a Contract Specialist who will assist in the administration of contractual matter under the contract. All correspondence regarding contract administration should be addressed to the FAA CO.

The FAA CO identified is the only person authorized to approve changes in any of the requirements under the contract and, notwithstanding any clause contained elsewhere in the contract, said authority remains solely with the FAA CO. No oral statement by any person, or written statement by anyone other than the FAA CO or his/her authorized representative acting within the scope of his/her authority, must be interpreted as modifying or otherwise affecting the https://fast.faa.gov/contractclauses.cfm mailto:leslie.fisher@faa.gov

CONTRACT ADMINISTRATION DATA

terms of this solicitation or any resulting contract. In the event the Contractor effects any change at the direction of any person other than the FAA CO, the change will be considered to have been made without authority and no adjustment will be made in the contract to cover any increase in cost as a result thereof.

All requests for interpretation must be made in writing to the FAA CO. The Contractor must submit any requests for modification of the contract to the FAA CO with a copy of the request to any appointed FAA COR.

Contracting problems of any nature that may arise during the life of the contract must be handled in conformance with the FAA Acquisition Management System regulations. Only the FAA CO is authorized to formally resolve such problems. The COR and the Contractor must bring all such unresolved contractual problems to the immediate attention of the FAA CO.

G.4.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer may designate other Government 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 COR is authorized to provide technical direction to the Contractor within the scope of the SOW.

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.

The Contractor shall 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.

G.5.0 GOVERNMENT REPRESENTATIVE

Only those Government Representatives, as designated above by the CO, may provide technical or other interpretations in the performance of this contract. Such representatives include but are not limited to, the COR, Alt COR, Property Manager, and Quality Representative. Technical interpretation will be provided only within the limits specified in this Section. As used herein, “technical interpretation” is defined as providing technical clarification, confirming the results of meetings, pursuing certain lines of inquiry, or otherwise serving to accomplish the contract SOW.

A written technical interpretation, issued by a FAA Representative, shall include or comply with all the following:

a. It shall be issued in writing, consistent with the general scope of work set forth in the contract.

CONTRACT ADMINISTRATION DATA

b. It does not constitute assignment of new work or change the terms, conditions, or specifications of the contract.

c. It does not constitute a basis for increase on the contract cost or extension to the performance/delivery schedule.

Written technical interpretation that exceeds the authority of a, b, or c above, or the limits of the specific letters of authority, are invalid and shall not be enforceable against the Government.

G.6.0 INTERPRETATION OR MODIFICATION

This written contract, executed modifications, and identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties’ complete agreement. No other prior or contemporaneous agreements, written or oral, must be considered to change, modify, or contradict the agreement of the parties.

No oral statement of anyone, nor any written statement of anyone other than the CO or his designated authorized representative acting within the limits of the authority specified in such designation, may modify or otherwise affect any provision of this contract. All requests for interpretation or modification of this contract must be made in writing to the CO.

Any ambiguity in the contract will not be strictly construed against the drafter of the contract language, but must be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

If the Contractor believes the contract contains any ambiguity, discrepancy, inconsistency, or conflict in or between the specifications and the applicable drawings or other documents incorporated by reference herein, the Contractor must bring the matter to the attention of the CO at the earliest possible time. Failure to raise such issues in a timely manner may be deemed a waiver and release.

G.7.0 WORK AT RISK PROHIBITED

For Time & Material Conditions: The contractor shall not put any individual, team member, or subcontractor at risk. The contractor shall immediately notify the Contracting Officer of any and all changes to established teaming arrangements and subcontracts under this contract or its task orders which cause or could be expected to cause a working at risk situation.

G.8.0 COMMUTING AREA

All travel performed within the 50 mile radius of the FAA Headquarters (HQ) and/or the Mike Monroney Aeronautical Center (MMAC) in Oklahoma City, must be considered the commuting working area for the purpose of the contract. For the purposes of PMRs: PMRs must be held within a 40 mile radius of HQ or the MMAC.

G.9.0 TELEWORK

Telework is not authorized under this contract. The provision only applies to work being performed at Government Facilities/Government Sites.

G.10.0 DATA AND DOCUMENTATION RIGHTS

The FAA must have the right to reproduce, copy, and use all data, drawings, reports, and contractor’s Commercial Support Documentation originating from this contract. Submission of all drawings must represent a complete and functioning DC BUS system inclusive of all RMM, etc. Drawing items not addressed in other sections of this SOW must be covered under this section.

G.11.0 HOLIDAY AND GOVERNMENT AUTHORIZED LEAVE

For informational purposes, the Government observes only the holidays listed below:

New Year’s Day Labor Day Labor Day Birthday of Martin Luther King, Jr. Columbus Day Columbus Day Washington’s Birthday Veterans Day Veterans Day Memorial Day Thanksgiving Day Thanksgiving Day Independence Day Christmas Day

The Government will also observe \ANY other day designated by Federal Statute, Executive Order, or Presidential Proclamation. Federal Holidays and Government Closures may be confirmed on the Office of Personnel Management (OPM) website:

http://www.opm.gov/Operating_Status_Schedules/fedhol/

The Government will not pay for any holiday worked by a contractor under a Time and Material CLIN on an actual Federal Holiday or Federal Closure without prior written approval from the Contracting Officer. When so approved, the work must be able to be proven to have been performed on the holiday. The approval notification from the Contracting Office must accompany the appropriate invoice as supporting documentation.

When the Federal Government grants excused absence to its federal employees, assigned Contract personnel may also be dismissed at the discretion of the Contracting Officer. However, the Contractor must not be reimbursed for the hours of the excused absence. The Government will only reimburse the contractor for the actual hours worked by their contractor or subcontractor, or subcontractor employees.

When one of the above designated holidays falls on a Sunday, the following Monday will be observed as a holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday.

G.12.0 ORDERING PROCEDURES

This is an Indefinite Delivery Indefinite Quantity (IDIQ) Contract. Delivery/task orders will be issued for all supplies and services to be performed/furnished under this contract. The Contracting Officer will issue delivery/task orders in order of priority during the performance period of the contract. Multiple delivery/task orders may be issued concurrently, if required. The Contractor must perform the delivery/tasks in order unless written approval is received from the Contracting Officer to deviate from the priority order.

The Contractor is obligated to exercise due diligence to discover and bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with such obligations may be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

a. In the performance of Contract:

1. The Contractor must not incur costs in excess of the funds provided in each order.

2. The Contractor must notify the Contracting Officer, in writing, when it has expended 75% of the obligated Task Order.

b. Delivery/Task Order Limitations A Task Order, or modification; signed by the Contracting Officer, will be used to order all services.

The Contractor must not proceed with any work until they are in receipt of a TO or revision to a TO that is signed bilaterally by the Contractor and the Contracting Officer.

Each delivery/task order will contain the following information:

1. A delivery/task order number;

2. A description of the supplies or services;

3. Period of performance;

4. Location where supplies are to be delivered or services will be performed;

5. Identification of applicable CLINs;

6. Appropriate FAA points-of-contact; and

7. Applicable appropriation and accounting data.

The Contractor must not incur costs in excess of the funds provided in each order. FAA liability is the minimum guaranteed value or quantity of the contract, until exceeded. The FAA’s liability will then increase by the value of individual delivery/task orders issued.

G.13.0 FAA STUDENT ATTENDANCE OF CONTRACTOR TRAINING

a. The contractor must provide training for FAA personnel as described in SOW Section C.3.6

C.3.7 and as further defined in the schedule established upon award of a task/delivery order.

b. Exact training dates will be by mutual agreement of the parties.

c. Required training contemplated by the FAA is as follows:

CLIN Quantity

X008 TBD

d. In the event of conflict, such as equipment malfunction, weather, or unavailability of FAA students, training dates will be rescheduled to other mutually agreeable dates.

e. The FAA reserves the right to cancel scheduled classes or individual student enrollments at no cost upon providing at least 30 calendar day’s notification prior to scheduled starting date of class.

G.14.0 CORRESPONDENCE PROCEDURES

To promote timely and effective contract administration, all correspondence (except for invoices and reports) submitted under the contract must be addressed to the FAA CO with an information copy to the FAA COR. All correspondence must contain a subject line including the contract number, delivery order, and task order as applicable.

G.15.0 BILLING INSTRUCTIONS

G.15.1 INVOICE SUBMISSION REQUIREMENTS

a. The Contractor must submit invoices no more often than monthly unless authorized by the Government CO. All invoice submissions must be in electronic format.

b. Each invoice submission must consist of two parts: (1) an Invoice Summary presented at the Delivery Order level; and (2) Invoice Details that contain an itemized list of all charges by individual telecommunications service (as applicable) and the associated CLINs. The Invoice Details must include credits and adjustments due to the Government and identify the basis for each credit and adjustment in sufficient detail for the Government or its designated agent to validate the amounts.

c. Each Invoice Summary must be submitted to the Government CO as identified in Section G.2.0 G.3 and FAA Accounts Payable at 9-AMC-AMZ-FAA-APInvoices@faa.gov. The invoice summary must include:

1. The Contract Number

2. The Invoice Number and date submitted

CONTRACT ADMINISTRATION DATA

3. The billing period (i.e., month, day and year)

4. Dollar amount for the current billing period by Delivery Order

5. Cumulative dollar amount for the contract identified by Delivery Order

6. Name, e-mail address, and telephone number of Contractor point-of-contact for resolution of questions and potential discrepancies

7. Electronically signed certification as follows:

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

Signature of Corporate Official Date of Signature Certifier's name typed or printed Certifier's Title E-mail address and telephone number of the certifying official

d. Any invoice credits and adjustments must be issued on the next invoice following the billing period in which the event necessitating the credit occurred or the circumstances necessitating the adjustment were identified.

e. The Invoice Details must be provided in an electronic, machine-readable format to the Government-designated entity that is responsible for the automated review and reconciliation of the invoice. “Machine-readable” is defined as electronic format that can be directly processed by computer-based applications without requiring manually-performed conversion or translation.

f. The Contractor must make an electronic copy of the Invoice Summary and Invoice Details available through its Business Operations Portal as required by Section 6.1 of the FENS Functional and Technical Specification (Attachment J-1).

f. g. All invoices charges must be in accordance with the applicable CLIN prices defined in Section B.

G.15.2 INVOICE EXPIRATION

a. The Contractor must invoice charges for Telecommunication Services as follows:

1. All non-recurring charges must be invoiced within 90 days of acceptance of the associated service by the Government.

2. All monthly recurring charges must be invoiced within 90 days following the end of the billing period during which the charges were incurred.

All Section B.3 Telecommunication Services CLIN charges not invoiced as described in (1) and

(2) above must be borne by the Contractor unless the Government CO formally approves a request

CONTRACT ADMINISTRATION DATA

for extension. The Contractor’s invoice must note all charges in excess of 90 days for which extension approval has been granted. The Contractor’s system must note adjustments to charges for which the invoice period has expired.

a. b. The Contractor must invoice all charges for Support Service CLINs in accordance with the billing increments defined in Section B.

b. c. For task order-based efforts, the Contractor must invoice associated charges in accordance with the rules defined within the task order.

G.15.3 RESOLUTION OF INVOICE DISCREPANCIES

The Contractor must work collaboratively with the Government-designed point-of-contact for invoice review and reconciliation to resolve any invoice discrepancies.

G.16.0 CONTRACTOR’S REMITTANCE ADDRESS

To be updated if different from that on the SF-33.

G.17.0 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be provided once the contract has been awarded.