7. 70RCSJ24R00000015 Section 3. Contract Administration.pdf

Request for Proposal: 70RCSJ24R00000015 Section 3: Contraction Administration

SECTION 3 CONTRACTADMINISTRATION

3.1. Place of Delivery

All deliverables and correspondence shall be delivered electronically to the Contracting Officer’s Representative (COR).

All applicable deliverables, their required delivery dates, and destination of delivery are specified in the SOW. Each contract deliverable shall be accompanied by a cover letter from the Contractor on Company letterhead. Multiple deliverables may be delivered with a single cover letter describing the contents of the complete package.

3.2. Notice of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR, in writing, giving pertinent details. This data shall be informational only in character and this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

3.3. Points of Contact Under this Contract

Contracting Officer: Hannah Moussa Department of Homeland Security Cybersecurity and Infrastructure Security Agency Email: hannah.moussa@cisa.dhs.gov Telephone: 202-568-4157

Contract Specialist: Shawn Curro Department of Homeland Security Cybersecurity and Infrastructure Security Agency Email: shawn.curro@cisa.dhs.gov Telephone: 717-217-0653

3.4. Contracting Officer’s Authority

The CO is the only individual who is authorized to change the scope of work or specification or to make any commitments or otherwise obligate the Government or authorize any changes, which affect price, delivery schedule, period of performance, and other terms or conditions. The technical administration of this work shall not be construed to authorize the revision of the conditions of this work. The CO shall authorize any such revisions in writing.

3.5. Contracting Officer’s Representative (COR)

The Contracting Officer will designate a COR for this contract. The COR is responsible for the technical administration and technical liaison with the Contractor. The COR is not authorized to mailto:hannah.moussa@cisa.dhs.gov mailto:shawn.curro@cisa.dhs.gov change the scope of work or specifications or to make any commitments or otherwise obligate the Government or authorize any changes which affect price, delivery schedule, period of performance, or other terms.

The Contracting Officer has designated the person named below as the authorized COR for this contract:

Contracting Officer’s Representative: Will be provided at award Department of Homeland Security Cybersecurity and Infrastructure Security Agency Email: Will be provided at award Telephone: Will be provided at award

3.6. Payment and Invoice Instructions

To request payment, the Contractor shall submit a proper invoice, as defined by Federal Acquisition Regulation (FAR) 2.101 for payment in the manner and format described below:

Submission of Invoices The Contractor shall submit an original invoice/voucher via electronic mail to CISAinvoice.consolidation@ice.dhs.gov with an email copy to the CO, CS and COR.

Each invoice shall include the following information:

1) Cover sheet identifying DHS

2) Name and Address of the Contractor

3) Invoice number and date

4) Contract Number, Line Item Number and Accounting Classification

5) CLIN and description for each billed item

6) Contractor’s Tax Identification Number (TIN)

7) EFT Banking Information

8) Modification Number if any

9) Unique Entity Identification (UEI) Number and Month services provided.

10) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

11) Other substantiating documentation or information as required by the Contract.

Invoices shall include the information required in the Prompt Payment Clause FAR 52.232-25, including EFT banking information, Taxpayer Identification Number (TIN), and UEI number.

Invoices that fail to provide the information required by the Prompt Payment Clause (FAR 52.232-25) may be rejected by the Government and returned to the Contractor. Such rejection by the Government does not entitle the Contractor to interest payments from the date of submission of a rejected invoice. Interest payments apply only to proper invoices that are received by the Government.

Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice mailto:CISAinvoice.consolidation@ice.dhs.gov documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the CO, be submitted directly to either the CO, or the COR.

To constitute a proper invoice, invoices shall include at a minimum, all the items required in

FAR 32.905.

Travel invoices must include the name of the traveler, travel itinerary, purpose of travel, and any other documentation requested by the CO or COR. The Contractor will be reimbursed for actual, allowable, allocable, and reasonable travel costs incurred during the performance of this requirement in accordance with the Federal Travel Regulation (FTR) currently in effect on date of travel. Receipts are required for all lodging and expenditure exceeding $75. A copy of the approved travel request form shall be attached for reference. The Contractor is responsible for ensuring invoices submitted are accurate and complete and are in accordance with federal guideline, the FTR and in accordance with FAR 31.205.46 Travel Costs.

Invoice Payment Payment of Firm-Fixed-Price CLINs The Government anticipates paying the Contractor monthly based on the work completed and accepted by the Government.

Payment of Labor-Hour CLINs The Government anticipates paying the Contractor monthly based upon the submission of invoices or vouchers approved by the CO in accordance with FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023) Alternate 1 (Nov 2021).

To facilitate the Government’s efforts to validate and approve the charges on the Contractor’s monthly invoice, the Contractor shall provide detailed data supporting the charges on each invoice. The type of data required shall include, but is not limited to, the following:

LABOR

• Charge Code

• Project name (if applicable)

• Employee name

• Company

• Billing Period Covered for Services Performed

• Labor category

• Hours worked

• Cumulative Hours

• Hourly Rate

• Total Dollar Amount

3.7. Technical Direction

Technical Direction is defined to include:

(1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work within the existing scope of work as defined in the SOW.

(2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the SOW.

(3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing and must be within the scope of the work as noted within the scope of the SOW.

The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this contract:

(1) Assure that the Contractor performs the technical requirements of the Contract in accordance with the Contract terms, conditions, and specifications.

(2) Perform or cause to be performed, inspections necessary in connection with (1) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Contracting Officer’s Representative" with a copy furnished to the CO.

(4) Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

(5) Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the CO incidents of faulty or nonconforming work, delays, or problems.

(6) Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules shall be made only by the Contracting Officer.

(a) The COR is required to meet as necessary with the Contractor and the CO concerning performance of items delivered under this contract and any other administration or technical issues. Telephonic reports may be made if no problems are being experienced.

Problem areas should be brought to the immediate attention of the CO.

(b) Contractual Problems - Contractual problems, of any nature, that may arise during the life of the Contract must be handled in conformance with specific public laws and regulations (i.e. Federal Acquisition Regulation). The Contractor and the COR shall bring all contracting problems to the immediate attention of the CO. Only the CO is authorized to formally resolve such problems. The CO will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The CO is the sole authority authorized to approve changes in any of the requirements under this Contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the CO. These changes include but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any other person other than the CO, the change will be considered to have been made without authority.

(c) Failure by the Contractor to report to the CO conduct that the Contractor considers to constitute a change to this contract, as provided by FAR 52.243-7 (Notification of Changes), waives the Contractor's right to any claims for equitable adjustments.

3.8. Interpretation of Modification

No oral statement by any person and no written statement by anyone other than the CO shall be interpreted as modifying or otherwise affecting the terms of this contract. All requests for interpretation or modification shall be made in writing to the CO.

3.9. Government Furnished Information (GFI)

For performance of work under this contract, the Government will make available Government information identified as needed on a no-charge-for-use-basis. The Contractor shall use this information in the performance of this contract.

3.10. Government Furnished Property (GFP)

For performance of work under this contract, the Government will make available Government property identified as needed on a no-charge-for-use-basis. The Contractor shall use this property in the performance of this contract at location(s) as approved by the CO. Under the FAR 52.245- 1 Government Property clause of this TO, the Contractor is accountable for the identified property.

3.11. Confidentiality and Nondisclosure Agreement

The preliminary and final deliverables, all associated working papers, and any other materials generated by the Contractor in the performance of contract are the property of the U.S.

Government and must be submitted to the COR at the conclusion of the order. All documents produced for this project are the property of the U.S. Government and cannot be reproduced or retained by the Contractor. All appropriate project documentation will be given to The United States Department of Homeland Security during and at the end of this contract. The Contractor shall not release any information relating to the contract.

Personnel working on any of the described tasks, at the Government’s request, will be required to sign formal Nondisclosure and/or Conflict of Interest agreements to guarantee the protection and integrity of Government information and documents.

3.12. Non-Personal Services

1. The Government and the Contractor agree and understand the services to be performed under this contract are non-personal in nature. The Contractor shall not perform any inherently Governmental functions under this contract as described in Office of Federal Procurement Policy Letter 92-1.

2. The services to be performed under this contract do not require the Contractor and the Contractor's employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor.

3. The parties also recognize and agree that no employer-employee relationship exists or will exist between the Government and the Contractor. The Contractor and the Contractor's employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees. Contractor personnel under this contract shall not:

(a) Be placed in a position where there is an appearance that they are employed by the Government or are under the supervision, direction, or evaluation of any Government employee. All individual employee assignments any daily work direction shall be given by the applicable employee supervisor.

(b) Hold him or herself out to be a Government employee, agent or representative or state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as such and specify the name of the company of which they work.

(c) Be placed in a position of command, supervision, administration or control over Government personnel or personnel of other Government Contractors or become a part of the government organization. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to change the contract in any way. If the other Contractor believes this communication to be direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

4. If the Contractor believes any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the Contractor shall promptly notify the CO of this communication or action.

3.13. Official Government Holidays

DHS personnel observe the following days as holidays:

New Year’s Day Labor Day Martin Luther King’s Birthday Columbus Day Washington’s Birthday Veteran’s Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

Any other day designated by Federal statute, by Executive Order or by the President's proclamation.

When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, except as set forth in the contract.

DHS may close a DHS facility for all or a portion of a business day as a result of:

a. Granting administrative leave to non-essential DHS employees (e.g., unanticipated holiday)

b. Inclement weather

c. Failure of Congress to appropriate operational funds

d. Or any other reason

In such cases, Contractor personnel not classified as essential, i.e. not performing critical round-the-clock services or tasks, who are not already on duty at the facility, shall not report to the facility. Such Contractor personnel already present shall be dismissed and shall leave the facility.

Except for designated around-the-clock or emergency operations, Contractor personnel will not be able to perform on site under this contract with DHS on holidays set forth above. The Contractor will not charge any holiday as a direct charge to the contract. In the event Contractor personnel work during a holiday other than those above, no form of holiday or other premium compensation will be reimbursed as either a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.

In the event DHS grants administrative leave to its Government employees, at the site, on-site Contractor personnel shall also be dismissed if the site is being closed. However, the Contractor shall continue to provide sufficient personnel to perform around-the-clock requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer or her/his duly appointed representative. In each instance when the site is closed to Contractor personnel as a result of inclement weather, potentially hazardous conditions, explosions, or other special circumstances; the Contractor will direct its staff as necessary to take actions such as reporting to its own site(s) or taking appropriate leave consistent with its policies.

3.14. Inherently Governmental Functions

Per FAR Part 7.5 and HSAM Chapter 3007.5, the CO determined that all work contemplated is properly scoped so that the Contractor will not perform any inherently governmental functions.

The oversight and assessment of Contractor performance and Contractor compliance with contract requirements will be performed by Government personnel. This oversight and assessment of Contractor personnel by Government personnel will ensure Contractors are prevented from performing inherently governmental functions.

Further, Contractors are advised of the following:

(a) Final determination for all work products, recommendations, and the like is reserved for Government officials;

(b) Contractor personnel who attend meetings, answer Government telephones, or work in situations where their actions could be construed as acts of Government officials shall clearly identify themselves as Contractor personnel; and

(c) Suitable marking of all documents or reports produced by Contractors is required.

(d) No contractor personnel shall exercise judgement that constitutes or gives the appearance of making a decision or providing approval/disapproval in the conduct of any official process.

(e) Contractor employees are prohibited from the drafting of congressional testimony, responses to congressional correspondence, or agency responses to audit reports from the Inspector General, the Government Accountability Office, or other Federal audit entity.