APCS SIR Sect G.docx

Contents

G-10 Contract Administration Data

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 the Internet at: https://fast.faa.gov/contractclauses.cfm.

Table G.1. - Clauses Incorporated by Reference

(End of Clause)

FAA CONTRACT ADMINISTRATION POINTS OF CONTACT

Title/Name/Address:

Contracting Officer (CO)

Federal Aviation Administration (FAA) Mary M. Johnson 800 Independence Avenue, S.W Washington, DC 20591 Tel: (202) 267-3670 E-Mail: mary.m.johnson@faa.gov

Contracting Specialist Federal Aviation Administration (FAA) Alessha Mason 800 Independence Avenue, SW Washington, DC 20591 Tel: (202) 267-1016 E-Mail: alessha.m.mason@faa.gov

Contracting Officer’s Representative (COR)

Federal Aviation Administration (FAA) Douglas (Doug) A. Sanders 800 Independence Avenue, S.W., Washington, DC 20591 Tel: 202-267-8355 E-Mail: douglas.a.sanders@faa.gov

Alternate COR (ACOR)

TBD

NOTE: The Contracting Officer will assign an ACOR by separate correspondence.

Technical On-Site Representatives (TORs)

TBD

NOTE: The Contracting Officer will assign TORs by separate correspondence.

Quality Reliability Officer (QRO)

TBD

NOTE: The Contracting Officer will assign a QRO by separate correspondence.

CONTRACTING OFFICER’S (CO) AUTHORITY

The CO assigned to this contract is responsible for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract and any Order, and safeguarding the interests of the United States in its contractual relationships. In this regard, the CO is the only individual who has the authority to enter into, administer, or terminate this contract or any Order. In addition, the CO is the only person authorized to approve changes to any of the requirements under this contract and Order, and notwithstanding any provision contained elsewhere in this contract and Order, said authority remains solely with the Contracting Officer.

If any questions arise regarding the authority of any person to act for the Contracting Officer or when the Contractor receives direction that appears outside contract scope, the Contractor must immediately notify the Contracting Officer for clarification. Costs incurred that were not authorized by the Contracting Officer and/or work determined outside the scope of the contract will be considered unallowable costs and will not be reimbursed by the Government.

CONTRACTING OFFICER’S REPRESENTATIVE (COR) / Alternate COR Responsibilities The COR, and in the absence of the COR, the ACOR acts as the single point of contact within the FAA for all matters related to the technical and management aspects of the overall contract and Order. The COR and ACOR are responsible for the technical administration of the contract, technical liaison with the Contractor, final inspection and acceptance of all deliverables, and should be contacted regarding questions or problems of a technical nature.

If at any time during the performance of this contract or any Order, should administrative problems arise which will have an adverse impact on timely performance by the Contractor or affect the contract price, the Contractor must immediately notify the Contracting Officer to obtain official confirmation and refrain from acting on such advice or comments until confirmed by the Contracting Officer.

In no event, however, will any understanding or agreements, modification, change Order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. All requests for interpretation or modification must be made in writing to the Contracting Officer.

Neither the COR nor ACOR is authorized to change the scope of work or specifications in the contract, make any commitments, or otherwise obligate the Government or authorize any changes that affect the contract price, terms and conditions of the contract, and delivery schedule, or contract period of performance.

Performance of the work under this contract must be subject to the technical direction of the COR or ACOR. The term “technical direction” is defined to include, without limitation, the following:

1. Directions to the Contractor that redirect the contract effort, shift work, emphasis between work areas or tasks, required pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual Statement of Work (SOW);

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

3. Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.

Technical direction must be issued in writing by the COR or ACOR and must be within Scope of Work. The COR / ACOR do not have authority to and may not issue any technical direction which:

4. Constitutes an assignment of additional work outside the SOW;

5. Changes any of the expressed terms, conditions, or specifications of the contract; or

6. Interferes with the Contractor’s right to perform the terms and conditions of the contract.

The Contractor must proceed promptly with the performance of technical directions duly issued by the COR or ACOR in the manner prescribed by this clause and within his authority under the provisions of this clause. If in the opinion of the Contractor, any instruction or direction by the COR or ACOR falls within the categories defined in a-f above, the Contractor must not proceed but must notify the Contracting Officer in writing within three (3) workdays after receipt of any such instruction or direction to request the Contracting Officer to modify the Contract accordingly. Upon receipt of the notification from the Contractor, the Contracting Officer will:

7. Advise the Contractor in writing, within five (5) calendar days after receipt of the Contractor’s letter, that the technical direction is within the scope of the contract effort and does not constitute a change to the contract; or

8. Advise the Contractor, within a reasonable length of time, that the Government will issue a written change order.

A failure of the Contractor and Contracting Officer to agree that the technical direction is within the scope of the contract or a failure to agree upon the contract action to be taken with respect thereto must be subject to the provisions of AMS 3.9.1-1, Contract Disputes.

The COR or ACOR are changeable by the Government at any time. The Contracting Officer will promptly provide the Contractor such notification of the change in writing, including the name and address of the successor COR / ACOR.

TECHNICAL ON-SITE REPRESENTATIVES (TORS) RESPONSIBILITIES

1. The TORs will represent the FAA at each of the Facilities where APC System hardware is being installed by the Contractor. TORs:

1. Serve as the technical representative for contract administration at the Facility;

2. Serve as the liaison between the Contractor and the Facility;

3. Maintain an arms-length relationship with the Contractor;

4. Resolve day-to-day matters within the scope of the TORs authority;

5. Provide a declaration to the Contractor’s on-site representative for signature if the Contractor was not physically on-site to accept deliver of the equipment to include the Contractor’s name, signature, date and time of their arrival on-site, and an acknowledgement that the FAA is not responsible for any damage due to shipping or securing the equipment prior to the Contractor’s arrival on-site;

6. Maintain a file of Government and contractor meeting minutes, telephone conversations, data submittals, deliverable documents initiated or received by the TOR, and any other correspondence received in connection with subject contract;

7. Ensure all work is in accordance with the contract requirements;

8. Inspects and accepts supplies or services; and

9. Notify the CO of any actual or potential contractor performance problems, failure to complete performance or delivery in accordance with the contract schedule.

1. If at any time during the performance of this contract or any Order, should administrative problems arise which will have an adverse impact on timely performance by the Contractor or affect the contract price, the Contractor must immediately notify the Contracting Officer to obtain official confirmation and refrain from acting on such advice or comments until confirmed by the Contracting Officer.

1. In no event, however, will any understanding or agreements, modification, change Order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. All requests for interpretation or modification must be made in writing to the Contracting Officer.

1. The TOR is not authorized to change the scope of work or specifications in the contract, make any commitments, or otherwise obligate the Government or authorize any changes that affect the contract price, terms and conditions of the contract, and delivery schedule, or contract period of performance.

1. The TOR is changeable by the Government at any time. The Contracting Officer or COR / ACOR will promptly provide the Contractor such notification of the change in writing, including the name and contact information of the successor TOR.

CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence submitted under this contract (except for invoices, reports, and other deliverable items) is subject to the following procedures:

1. Technical correspondence of a routine nature must be addressed to the primary and designated CORs with an information copy of the correspondence to the FAA Contracting Officer.

Other considerations, including technical correspondence involving patent technical data issues and correspondence proposing or otherwise involving waivers, deviations, or modifications to the contract, must be addressed to the FAA Contracting Officer with an information copy to the primary and designated Contracting Officer’s Representative (COR).

In regard to correspondence preparation, all correspondence must contain a subject line, beginning with the contract number and sequence number coded to the contract.

Correspondence may be sent electronically.

The Contractor must include those identified in G.4, Contracting Officer’s Representative (COR)/Alternate COR, on all communication to other than those identified in G.4.

ELECTRONIC COMMUNICATIONS

1. The Contractor must ensure an electronic means for communicating with FAA personnel.

The Contractor must ensure that the communications are compatible with the FAA’s electronic mail system, currently Microsoft Outlook.

The Contractor’s electronic mail must have the capability to receive and retrieve attachments.

The Contractor must create and maintain all contract reports/deliverables, including invoices, in native file format with all linkages and interdependencies readily traceable.

ELECTRONIC PAYMENTS REQUESTS - INVOICES

The Contractor must submit all invoices using the Department of Transportation’s (DOT’s) Delphi eInvoicing system pursuant to Section I AMS clause 3.3.1-40, Electronic Submission of Payment Requests (April 2022).

ALLOWABILITY AND PAYMENT OF SELECTED ITEMS OF COST UNDER THIS CONTRACT

1. Training: The Government will not allow costs nor reimburse costs associated with the Contractor training employees to attain and/or maintain minimum personnel qualification requirements of the contract. Other training may be approved on a case-by-case basis within an approved Task Assignment. Attendance at workshops or symposiums is considered training for the purposes of this clause.

1. General Purpose Office Equipment (GPOE) and Information Technology (IT): The cost of acquisition of GPOE and IT must not be allowable as direct charges to this contract. The Contractor is expected to have the necessary GPOE and IT required to perform under Orders issued under this contract. GPOE means equipment normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc. IT means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, movement, control, display, switching, interchange, transmission, or reception of data or information. IT includes computers, ancillary equipment, software, firmware, similar products, services (including support services), and related resources.

1. When specific Orders appropriately require the purchase of material, equipment, hardware, or software, said items will be called out in the Order as being required in direct support of administration or performance of the Order.

TRAVEL APPROVAL AND REIMBURSEMENT

1. The Contractor must submit a travel request for Government.

Travel requests must be submitted at least 14 calendar days before the trip start date.

Any Emergency Travel approval request(s) (i.e., requests for travel falling within the 14 calendar day window prior to the trip start date) must be submitted on the day the Contractor becomes aware of a travel requirement.

Travel approval requests must include:

1. Name(s) of the traveler;

2. Traveler’s citizenship;

3. Destination;

4. Duration of the trip;

5. Brief description of the reason for the trip; and

6. Cost of the trip (T&M CLINS only).

The Contractor must conduct a cost analysis before submitting a travel approval request to determine the most cost-effective means of travel. Alternate airports must be used where available and within a reasonable commuting distance if it will result in a lower cost.

The Contractor will be reimbursed for allocable, allowable, and reasonable travel expenses only at the per diem rates specified in applicable Federal travel regulations for T&M CLINs. Travel will not be separately reimbursed for FFP CLINs. The FAA will not reimburse any travel required due to Contractor negligence. The FAA may determine negligence by the Contractor for items such as the following:

7. Travel is extended, or an additional trip to a location is required due to the Contractor, subcontractor, or supplier equipment not showing up when it is scheduled.

8. Travel is required to troubleshoot or repair a component after government acceptance due to Contractor, subcontractor, or latent supplier defect or poor workmanship.

ORDERS AND ORDERING

Orders for supplies or services specified in Section B of the Schedule may be issued by the CO at any time during the effective period of this contract. The Contractor agrees to accept and perform orders issued by the CO within the scope of this contract. The Contractor must furnish all materials and services necessary to accomplish the work specified in each order issued hereunder. In the event of any inconsistency between any order and this contract, this contract must take precedence. All requirements of this contract must be applicable to all orders issued hereunder.

Ordering

1. Any supplies and services to be furnished under this contract will be ordered by issuance of a Delivery Order (DO), Task Order (TO), or Work Order (WO). Orders may be issued on a fixed price or time & material (T&M) basis to the extent permitted by the CLIN structure of the contract. The price or ceiling amount for each order may not be exceeded unless authorized by a modification to the order. Only TOs or WOs can be issued on a T&M basis. The provisions of the AMS 3.3.1-39 Funding – Time-and-Materials and Labor-Hour Contracts will apply to individual TOs/WOs/DOs issued with T&M CLINs.

1. The Contractor must not begin any work on an order until a firm priced order is issued by the CO. Orders will be issued by mail or by electronic commerce methods. If mailed, an order is considered issued on the date the FAA deposits the Order in the mail. If sent electronically, the order us considered issued on the date the FAA sends the Orders signed by the CO. Priced CLINs in Section B, Supplies or Services and Prices/Cost, can be ordered unilaterally by the CO. The CO may issue a Request for Quotation (RFQ) prior to issuing an Order. The Contractor must submit the RFQ proposal IAW G.12.1.1 and the due date specified in the RFQ.

1. Each order will include, as applicable, the following:

15. Detailed specifications or requirements for the supplies or services being ordered, (or reference applicable specifications or requirements in Section C of this contract), and, must refer to the appropriate CLIN(s) under Section B of this contract;

15. Quantities being ordered and unit prices;

15. Price per CLIN and total price;

15. Packaging, packing, and shipping instructions;

15. Period of performance or delivery dates;

15. Place(s) of performance;

15. Place(s) where inspection and acceptance will be made by the Government;

15. Appropriation and accounting data for the work being ordered, to include any specific invoicing provisions as applicable;

15. Government furnished property and the date(s) such property is to be delivered to the Contractor;

15. Any other pertinent information.

1. Modifications to Orders may be issued by the CO and will include the information set forth in paragraph (c) above, as applicable.

Request for Quotation

1. Technical: RFQs must demonstrate the Contractor’s technical and management approach to the request work and must include as a minimum:

17. Assumptions

17. Compliance or exceptions to requirements

17. Contractor’s approach to accomplishing the work requested

17. SOW paragraph number(s)

17. Specific technical details to accomplish the work

17. Period of Performance

17. Schedule

17. Deliverables

17. Key Personnel, if any

17. Risks and risk mitigation

17. Required Government Furnished Equipment (GFE) or Government Furnished Information (GFI), if required

17. Subcontractor utilization, including small business participation Price: The price proposal must include the following:

12. All information necessary to fully address the RFQ

13. Completed pricing consistent with Section B.

14. CLIN

15. Labor Category Description

16. Basis of Estimates (e.g., labor rate, materials, travel, and associated rationale) must be provided to support all CLINs and SLINs

17. Number of hours required for the performance of the task

18. T&M Labor rate

19. Total labor dollars

20. Rationale for additional Labor Categories not included in Section B

21. Identification and justification for the use of all non-labor cost elements, e.g., other direct costs (ODCs) to include materials and administrative costs

22. Estimated ODCs

23. A detailed travel estimate, if applicable, specifying airfare, mileage, per diem rates, number of trips, and number of Contractor employees traveling. The travel estimate must include justification for the trips and the number of travelers Evaluation of RFQs

1. RFQs will be evaluated for acceptability of the technical and management approach and price/cost.

1. The Contractor must provide its basis of estimate in sufficient detail to allow the evaluators to determine the price fairness, reasonableness, and soundness of the proposed cost/price.

1. The Contractor must provide existing verifiable data, the judgment factors, rationale, and methodology applied by it to project form known data to its estimate, and the contingencies used by the Contractor in its price proposal.

1. The basis of estimate must clearly provide traceability from each proposed CLIN price to the basis of estimate.

e) If necessary, during the evaluation of the RFQ, the FAA may contact the Contractor to request clarifications, modifications, or commence negotiations concerning its proposal. Upon completion of the evaluation, the CO may issue a DO, TO or WO to the Contractor.

Cancellation or Withdrawal of RFQ The FAA reserves the right to cancel or withdraw the RFQ at any time before issuance of the Order. In such an event, the CO will notify the Contractor in writing.

SMALL BUSINESS SUBCONTRACTING PLAN REPORTS

IAW Section I AMS clause 3.6.1-4 “Small, Small Disadvantaged, Women-Owned, and Service-Disabled Veteran Owned Small Business Subcontracting Plan” the Contractor must enter the information for the Subcontracting Report For Individual Contracts (formerly the Standard Form 294 (SF 294)) and the Summary Subcontract Report (formerly the Standard Form 295 (SF-295)) into the Electronic Subcontracting Reporting System (ESRS) at www.esrs.gov. The Contractor must ensure this requirement is part of all subcontracts that meet AMS 3.6.1-4. The Contractor must notify the Contracting Officer and the FAA Office of Small and Disadvantaged Business Utilization (OSDBU) at when the report is submitted:

Allen Bresley, Manager (FAA) allen.bresley@faa.gov Lakisha Davis, (FAA) lakisha.davis@faa.gov Jeri Bird, (FAA) Jeri.Bird@faa.gov Lelanie Rivera, (FAA) Lelanie.Rivera@faa.gov

CONTRACT FUNDING & BILLING INSTRUCTIONS

AMS 3.3.1-37 LIMITATION ON GOVERNMENT’S OBLIGATION (JULY 2018)

Note: Fill-ins for AMS 3.3.1-37 will be completed as applicable to the individual TOs/DOs/WOs issued.

1. Of the total price of contract line item number(s) (CLINs) ______ [CO to insert data], $_______ [CO to insert data] is presently available for payment and allocated to these CLINs.

w) The Contractor agrees to perform on these CLINs up to the point at which, in the event of termination of this contract pursuant to the applicable "Termination for Convenience of the Government" clause, the total amount payable by the Government (including amounts payable in respect of subcontracts and settlement costs,) pursuant to paragraph below, would in the exercise of reasonable judgment by the Contractor approximate the total amount currently allotted to the contract. The Contractor is not authorized to continue work on these CLINs beyond this point. The Government is not obligated to reimburse the Contractor in excess of the amount from time to time allotted to the contract, regardless of anything to the contrary in "Termination for Convenience of the Government."

x) Funds presently allotted to this contract are estimated to cover the work to be performed until _______ [CO to insert data]. If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until this date, or an agreed substitute date, the Contractor must notify the Contracting Office in writing when within the next 30 days the work will reach a point at which, in the event of termination of this contract pursuant to "Termination for Convenience of the Government," the total amount payable by the Government pursuant to paragraph (e) below, will approximate 85 percent of the total amount then allotted to the contract. The notice must state the estimated date when this point will be reached and the estimated amount of additional funds required to continue performance to the above or an agreed substitute date. The Contractor must, 30 days prior to the date above written or agreed substitute date, advise the Contracting Officer in writing as to the estimated amount of additional funds which will be required for the timely performance of the CLINs for a further period as may be specified in this clause or otherwise agreed to by the parties. If after this notification, additional funds are not allotted by the date above written or by an agreed substitute date, the Contracting Officer will, upon written request of the Contractor, terminate this contract on such date or the date set forth in the request, whichever is later, pursuant to "Termination for Convenience of the Government."

y) When additional funds are allotted for continued performance of the CLINs, the parties will agree on the applicable period of contract performance that will be covered by such funds. Paragraphs (b) and (c) above apply to the additional allotted funds and agreed substituted date and the contract will be modified accordingly.

z) If the Contractor incurs additional costs, or is delayed in the performance of the work under this contract, solely by the reason of the failure of the Government to allot additional funds in amounts sufficient for the timely performance of this contract, and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the CLINs, in the time of delivery, or in both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the "Contract Disputes" Clause.

aa) The Government may at any time prior to termination, and with the consent of the Contractor, after notice of termination, allot additional funds for this contract.

ab) The provisions of this clause with respect to termination will in no way be deemed to limit the rights of the Government under the applicable AMS "Default" clause. The provisions of this clause are limited to the work on and allotment of funds for the CLIN(s) in paragraph (a) above. This clause no longer applies upon the allotment of funds for the total price of the CLINs except for rights and obligations existing under this clause.

ac) Nothing in this clause will affect the right of the Government to terminate this contract pursuant to "Termination for Convenience of the Government." In the event of a conflict between this clause and any other term or condition of this contract, this clause will take precedence.

(End of Clause) TO/DO/WO Funding The following funds are hereby made available and represent the maximum liability of the Government.

Billing Instructions The Contractor must submit invoices monthly. The CO will authorize payments determined to be allowable IAW the following clauses:

· AMS Clause 3.3.1-1 Payments (July 2018)

· AMS Clause 3.3.1-5 Payments under Time-and-Materials and Labor Hour Contracts (July 2018) The following funding table will be incorporated in each TO/DO/WO issued and updated in Section G.

TOTAL

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