FENS SIR - Section F - Amendment 9.docx

693KA8-20-R-00022, Amendment 9

PART I - SECTION F

DELIVERIES OR PERFORMANCE

F.1 FAA Acquisition Management System (AMS) 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 (CO) will make the full text available, or offerors and contractors may obtain the full text via the Internet at: https://fast.faa.gov/contractclauses.cfm.

F.2 Access to Government Facilities Based on the scope of service orders and task orders (TOs) issued to the Contractor, a significant portion of the work to be performed under this contract will be at facilities operated by the Government. The Contractor will be granted ingress and egress at the specific site where the effort is to be accomplished. The Contractor must coordinate site access with the Government-designated point-of-contact for the site. While Contractor personnel are at Government facilities, they are required to comply with all rules and regulations of the site, particularly in the areas of health, security, and safety. Unless otherwise designated, the equipment at Government facilities to which the Contractor is granted will remain in the custody of the Government and will not be considered “Government Property” furnished to the Contractor.

The scheduling of access to Government facilities must be under the control of the Government-designated point-of-contact for the site and, when possible, access will be scheduled to permit timely performance of contract requirements. The Contractor must arrive at the designated Government facility at the scheduled time with the appropriate credential(s) and site access approval(s). Contractor personnel must be prepared to work outside normal day shift if conditions at the facility so require.

All Contractor personnel who perform work at Government facilities must wear identification badges that clearly identify those individuals as Contractor employees.

F.3 Period of Performance

(a) The base period and option periods are defined as follows:

MAC = Months After Contract

[Note: The Base Period is expected to be 10 years followed by five 1-year option periods for a total period of performance of 15 years. However, if the contract is awarded toward the end of the Government fiscal year (FY), the Government reserves the right to define the first contract year (CY) to be more than 12 months. With subsequent CYs equaling 12 months, the total contract period of performance may exceed 15 years if the first CY exceeds 12 months. The exact number of months within the Base Period and each Option Period will be determined at contract award.]

(b) The exercise of options is subject to the conditions defined in AMS clause 3.2.4-35, Option to Extend the Term of the Contract (October 2019July 2021).

(c) The services identified in Section C, Statement of Work (SOW), can be ordered at any time after contract award and will generally be funded on a yearly basis subject to the availability of funds per AMS Clause 3.3.1-11, Availability of Funds for the Next Fiscal Year (April 1996).

(d) All services under this contract will be ordered through individual delivery orders. TOs may be issued for specific services that have been funded by a delivery order. Each delivery order and TO must specify the period of performance for the work ordered therein.

(e) If the contract is awarded before April of a given FY, the prices for CY 1 must be effective through September 30 of that FY. If the contract is awarded between April 1 and September 30 of a given FY, the prices for CY 1 must be effective through September 30 of the following FY. Pricing for subsequent CYs must be on a Government FY basis.

(f) The maximum period of performance of this contract is [award date] through [end date] if all options are exercised.

F.4 Deliverables The Contractor must prepare and submit all deliverable items with the timeframe specified in the Contract Data Requirements List (CDRL), Attachment J-2, delivery order or TO. On each deliverable, the Contractor must reference the CDRL number, title, revision number (if applicable), the reporting period covered by the deliverable (if applicable), and the date of publication. Deliverables must be submitted electronically to the Contracting Officer’s Representative (COR) unless otherwise specified within the delivery or TO. If the Contractor elects to deliver CDRLs via the Secure Repository for Contractual Documentation required by SOW Paragraph C.4.2.2.7, the Contractor must provide an e-mail notification to the CO, COR, and other Government-designated points-of-contact when the deliverable is updated to the repository.

When the Government identifies revisions required to CDRLs that are subject to Government approval, the Contractor must update the CDRLs accordingly and resubmit revised versions at no additional cost to the Government.

F.5 Place of Delivery, Schedule, and Time of Delivery F.5.1 Place of Delivery The place of delivery must be at the facilities or locations specified on each order at the time the service is ordered.

F.5.2 Schedule Table F.5.2-1 defines key dates critical to achieving the FENS In-Service Decision (ISD). The Contractor must plan all work activities to support the achievement of these programmatic milestones.

[Note: Offerors are required to propose dates for the milestones listed in the table below. Offerors may also propose additional milestones and planning dates. The Government and the selected Contractor will determine the milestones and planning dates that will be incorporated into the contract at award.]

Table F.5.2-1 FENS Programmatic Milestones

TBP = To Be Proposed The required delivery schedule for all CDRLs is defined in Attachment J-2. Depending on the nature of the CDRL, the delivery due dates may be based on a specific number of months after contract award, a specific number of calendar days after the Government’s order, or milestone-based trigger such as the acceptance of the first service.

The schedule for program-level activities will be maintained in the FENS Monthly Status Report (CDRL F002-MSR).

F.5.3 Maximum Service Delivery Timeframes This section defines the maximum delivery timeframes for Communications Services and implementation-related support services. The service delivery timeframes defined in this section are measured in calendar days from the Contractor’s receipt of the service order until service order completion. For new services, the service order completion corresponds to service acceptance. For service disconnects, service order completion corresponds to cessation of service and the billing associated with the service must stop as of the service order effective date regardless of whether the service is disconnected by that date. For services and other items that do not undergo a formal service acceptance, service order completion corresponds to when the service or item is available for use by the Government.

Except as noted in specific subsections, the service delivery timeframes and support service completion timeframes defined in this section will not be effective until explicitly declared so by the Government. The Government will provide the Contractor with no less than 120 days advanced notice when these the service delivery timeframes and support service completion timeframes will be put into effect. The Government reserves the right to incrementally enforce the timeframes defined in this section, e.g., service delivery timeframes for Communications Services may be put into effect prior to implementation timeframes for Information Management Services (IMS).

F.5.3.1 Communications Services The maximum service delivery timeframes defined in this section apply to FENS Communications Services defined in FFPS Section 4.

F.5.3.1.1 New Orders and Change Orders [Note: Offerors may propose alternate values in Table F.5.3-1 or propose additional conditions as necessary that reduce the maximum delivery timeframe.] For Communications Services, the maximum allowed service delivery timeframes are dependent upon site-specific conditions, as defined in Table F.5.3-1. The conditions listed in Table F.5.3-1 apply to orders for new services as well as changes to existing services. The maximum delivery timeframe on row (5) of the table applies if none of the conditions listed on rows (1) through (4) apply.

Table F.5.3-1. Maximum Service Delivery Timeframes for Communications Services

*Does not include the time required to conduct a site survey if needed.

The conditions must be applied in numerical order. The first condition to be met will define the maximum service delivery timeframe. If conditions (1) through (4) do not apply, the maximum service delivery timeframe specified under (5) will apply.

The Government will consider deviations to the required timeframes listed in Table F.5.3-1 on an individual case basis if there are extenuating circumstances. Formal requests for deviation are not required in the context of the established criteria for excusable delays defined in Section F.5.4.

F.5.3.1.2 Expedited Service Orders [Offerors must propose: (1) the conditions under which they will accept expedited service orders; (2) the extent to which they improve upon the nominal service delivery timeframes in Table F.5.3-1; and (3) whether there is an additional cost to expedite a service order.]

F.5.3.1.3 Short Duration Requirement Implementations [Note: Offerors may propose alternate values in Table F.5.3-2 that reduce the maximum delivery timeframe.]

Short Duration Requirement Implementations (SDRIs) are defined in SOW Paragraph C.4.2.8.4. As defined in Table F.5.3-2, the required service delivery timeframe for an SDRI is dependent on whether there is existing Network Infrastructure available at the service delivery location(s) to support the requirement.

Table F.5.3-2. Maximum Service Delivery Timeframes for SDRIs

1As defined in FFPS Section 1.2.

2Limited to items that can be made available at the service endpoints within 72 hours (e.g., overnight shipment of an additional equipment item).

F.5.3.1.4 Service Disconnect Orders [Note: Offerors may propose an alternate value that accelerates the timeframe by which Service Disconnect Orders will be effective.] For the disconnect of a Communications Service, the effective date must be no greater than 30 days from the Contractor’s receipt of the Service Disconnect Order from the Government. Billing for the service must cease as of the effective date of the Service Disconnect Order. If one or more of the sites associated with the service is being disconnected, the service must be disconnected prior to the effective date of the site disconnect.

F.5.3.1.5 Site Disconnect Orders [Note: Offerors may propose an alternate value that accelerates the timeframe by which Site Disconnect Orders will be effective.] The Government will issue a Site Disconnect Order when services are no longer required at a particular service delivery location and service disconnect orders have been issued for all services delivered to the site. The effective date of a Site Disconnect Order must be no later than 30 days from the Contractor’s receipt of the Site Disconnect Order from the Government. The Contractor must remove all Contractor-furnished CPE no later than the effective date of the Site Disconnect Order. If there are recurring charges associated with the Contractor-furnished CPE, the billing of those charges must cease by the effective date of the Site Disconnect Order.

F.5.3.2 Information Management Services (IMS) [Note: Offerors may propose alternate values in Table F.5.3-3 that reduce the maximum implementation timeframe.]

Table F.5.3-3 identifies the maximum completion timeframes for IMS Connection Services. The maximum implementation timeframe requirements are defined relative to the Contractor’s receipt of the Government’s order of the particular service and are applicable for IMS Business Services that have been authorized and tested and are approved for operational use.

Table F.5.3-3. Maximum Implementation Timeframes for IMS Connection Services

F.5.3.3 Other Services [Note: Offerors may propose alternate values in Table F.5.3-4 that reduce the maximum completion timeframe. In addition, if there are technology-specific infrastructure capabilities such as satellite and microwave that the Offeror believes require distinct completion timeframes to differentiate them from services implemented over traditional wireline infrastructure, Offerors should add those to the table as applicable and propose an associated maximum completion timeframe for each row added to the table.] Table F.5.3-4 identifies the maximum completion timeframes for support services and other capabilities and services. The maximum completion timeframe requirements are defined relative to the Contractor’s receipt of the Government’s order of the particular service. As indicated in Section F.4, if there are associated CDRLs to document the outcome of a work effort, the required CDRL delivery timeframes are specified in Attachment J-2.

The maximum completion timeframes listed in Table F.5.3-4 for site surveys are effective at contract award.

Table F.5.3-4. Maximum Delivery Timeframes for Other Services and Capabilities

*As defined in FFPS Section 1.2.

The Government will consider deviations to the required timeframes listed in Table F.5.3-3 on an individual case basis if there are extenuating circumstances. Formal requests for deviation are not required in the context of the established criteria for excusable delays defined in Section F.5.4.

F.5.4 Excusable Delays In some cases, the delivery of a service may be affected by actions that are the responsibility of the Government or circumstances that are beyond the control of the Contractor. These conditions are refered to as “Excusable Delays” and they include, but are not limited to:

a) The Government or its representative has not completed site preparation activities required to support the delivery of the service;

b) The Government or its representative is unable to provide site access (or chooses to delay site access or does not have special vehicles available to access site), and site access is required to deliver the service;

c) The Government does not respond to requests for additional information and such information is necessary in order to deliver the services;

d) The planned service delivery date or completion timeframe falls within the period of time from the Contractor’s submission of associated maintenance requests to the start of the maintenance action;[footnoteRef:1] [1: Excludes any delays in the start of the maintenance action that are the responsibility of the Contractor.]

e) Unavailability of power; heating, ventilating, and air conditioning (HVAC); or other Government-furnished items (as identified in SOW Paragraph C.3.1) that are required to support the delivery of the service;

f) Travel delays beyond the Contractor’s control (including the lack of availability of commercial flight) for non-domestic service delivery locations;

g) Wind speeds in excess of the applicable outdoor operating requirements as defined in Section 9.5.3 of the FENS Functional and Performance Specification (Attachment J-1) that impact the delivery of services dependent upon satellite transmission;

h) Obstructions to line-of-site required for the delivery of services dependent upon microwave connectivity;

i) An Excusable Delay as defined in AMS Clause 3.10.6-7 (October 1996) that affects the delivery of the service; or

j) Other conditions as authorized by the FAA.

When these conditions exist, the service delivery timeframes and maximum completion timeframes allowed in Section F.5.3 will be extended by the number of calendar days corresponding to the duration of the exclusionary conditions. The Contractor is responsible for tracking and maintaining a record of all delivery time exclusions by unique service identifier number, service order number, cause, start date, and end date of the exclusionary condition.

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