Section G Contract Admin Data MOD 1.doc

AG-82FT-S-09-0011

Section G – Contract Administration Data

1. CONTRACT MANAGEMENT:

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government points of contact during the performance of the contract:

a. Contracting Officer: All contract administration for this contract will be effected by the Contracting Officer (CO). Communications pertaining to contractual administrative matters will be addressed to the CO. The word “Government” as used throughout this contract or its attachments refers specifically to the CO. The CO is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the CO authorizing such changes. Should the CO designate individuals to act as the Contracting Officer’s Representative (COR) such representative will be designated by letter of appointment from the CO in the technical phase of the work, but will not be authorized to change any terms and conditions of the contract or Task Order.

b. Contracting Officer’s Representative (COR)

(1) The COR will be designated in writing on authority of the Contracting Officer after contract award to monitor and coordinate all technical aspects and assist in the administration of the overall contract.

(2) All contacts with all agencies of the Government and interfacing with other Contractors required in the performance of this contract will be accomplished only through the direction and with the coordination of the COR. The Contractor will receive copies of designation letters stating the responsibilities and limitations of the COR.

c. Technical Coordination

(1) Performance of work under this contract shall be in compliance with the performance work statement under the general scope of work in the contract.

(2) All technical coordination shall be within the scope of the contract. No oral statements of any person will in any manner or degree modify or otherwise affect the terms of this contract. Technical coordination shall not result in any action that:

a. Constitutes an assignment of additional work outside the statement of work.

b. Constitutes a change as defined in the contract clause entitled, FAR 52.212-4.

c. Causes an increase in the total contract price or the time required for contract performance.

d. Changes in any of the expressed terms, conditions or specifications of the contract.

e. Interfere with the Contractor’s right to perform the terms and conditions of the contract.

2. QUALITY CONTROL PLAN:

Quality Control Plan

The Quality Control Plan (QCP) shall address a complete and comprehensive quality control system to support the performance of the contract. The discussion of the quality control system must be practical, straightforward, specific, concise and complete.

(A) At a minimum, the Quality Control Plan shall address the following:

(1) Quality Control Program Provisions: Summarize the concepts and principles governing the Quality Control Plan and Inspection System. At a minimum, the Contractor QCP shall provide the following:

(a) Internal work performance standards;

(b) Contain, as a minimum, specific surveillance procedures for each contract service identified in the Performance Requirements Summary. These surveillance procedures shall identify who shall perform the surveillance, the frequency, the method, listing of items under surveillance, and corrective action that will be taken to correct Contractor identified deficiencies.

(2) Corrective Actions Program: Corrective action includes the ability of the Quality Control Program to detect and take corrective action on deficiencies. It shall include the methods the Contractor chooses to pinpoint problems or deficiencies in the performance of functions of the Performance Work Statement. Corrective actions include on the spot correction of minor defects or deficiencies that do not require Government action and management actions to prevent recurrence of all identified deficiencies. The plan shall address minimum and maximum response times for correction of deficiencies. Both short-term corrections and long-term performance improvements should be discussed. The reports and records of corrective action should be described.

(3) Customer Complaint and Response Procedures: Describe the customer complaint and response program that will be utilized for the contract. Contractor shall describe how customer complaints will be managed and resolved and how corrective actions will be implemented once reported. At a minimum, the customer complaint system shall contain procedures for the customer to file complaints with the COR/CO, form to be used by customers, procedures for investigation of complaint, and feedback to the customer and the Government on the results and actions, if any, taken on the complaint.

(4) Interface and communications: Proposal shall describe plans for interface between the Government and Contractor's Quality Control Representative to include discussion of managers' and workers' roles for quality assurance. Contractor shall detail the qualifications and authority of the Quality Control Representatives and other persons tasked to perform inspections.

(5) Maintenance of quality control: Inspection techniques may include specific inspection techniques tailored for each functional task order area. The inspection techniques should be simple and practical, ensuring that the services performed by the contractor will result in safe operation of all requirements after completion of the quality control inspection. The inspection techniques shall encompass management performance as well as technical performance.

(6) Documentation and reports: Documentation and reports shall include all essential internal documentation and reports gathered to support the Quality Control System. This section shall provide for Government access to all documentation, reports, files, and records of corrective actions.

(B) Quality Control Plan Changes: The Contractor shall notify the contracting Officer (CO), in writing, of any proposed change to the Contractor’s Quality Control Plan. No change shall be implemented prior to review and written approval by the Contracting Officer.

3. CONFERENCES:

The Contracting Officer (CO), or their duly authorized representative, may call a conference from time-to-time as deemed necessary to discuss any phase of performance under the contract. All discussions, problems encountered, solutions reached, and evaluations made during any conference shall be documented in the next status report for current reporting period. In any case, such reporting shall not, in and of itself, constitute formal direction to and/or Contracting Officer acceptance of topics discussed.

4. TRAVEL:

a. Official Travel of contractor personnel away from their original work station is not authorized at this time.

5. WORK ON A GOVERNMENT INSTALLATION:

In performing work under this contract on a Government installation or in a Government building, the Contractor shall fully comply with local building, city, state, and federal laws, regulations and/or ordinances pertinent to performance of the contractual services required. Specifically, the Contractor shall:

a. Conform to the specific safety requirements established by this contract.

b. The Contractor and his/her employees shall observe all rules and regulations issued by the Facilities staff including, but not limited to, those pertaining to fire, safety, sanitation, severe weather, and admission to facilities;

c. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Government and Contractor personnel connected in any way with performance under this task order.

d. Take such additional immediate precautions as the CO or COR may reasonably require for safety and accident prevention purposes.

6. KEY PERSONNEL:

Proposals for the contract shall indicate the individual(s) who will fill key personnel positions on site, i.e. local management personnel. The proposed personnel shall be subject to the approval of the Contracting Officer (CO). The contractor shall notify the CO as far in advance as possible of changes to key personnel and shall provide names and qualifications of replacement personnel to the CO for approval.

7. GOVERNMENT FURNISHED PROPERTY, INFORMATION OR SERVICES:

a. Government Furnished Property (GFP) is specified in the performance work statement.

b. In the case that GFP is not provided to the Contractor as specified in the contract, the COR will be immediately notified by the Contractor. The Contractor shall indicate impact and request direction from the Contracting Officer.

c. The Contractor is responsible and liable for Government property in its possession pursuant to any and all applicable clauses that are incorporated in the basic contract.

8. GOVERNMENT-CONTRACTOR RELATIONSHIPS/NONPERSONAL SERVICES:

a. The Government and the Contractor understand and agree that the services to be provided under this contract by the Contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor’s employees. It is therefore, in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

b. Contractor personnel under this contract shall not:

(1) Be placed in a position where they are appointed or employed by a Federal officer, or are under the supervision, direction, or evaluation of a Federal Officer.

(2) Be placed in a staff or policy-making position.

(3) Be placed in a position of command, supervision, administration or control over USDA or USFS employees, or personnel of other contractors, or become a part of the Government organization.

(4) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulation of USDA or the Federal Government.

(5) Be used in administration or supervision of USDA Forest Service procurement activities.

c. Employee Relationship:

(1) The services to be performed under this task order do not require the Contractor or its employees to exercise personal judgment or direction on behalf of the Government, but rather the Contractor’s employees will act and exercise personal judgment and discretion on behalf of the Contractor.

(2) Rules, regulation, direction, and requirements that are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel who enter the installation, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

d. As stated in the Federal Register, Volume 57, No. 190, page 45096, dated September 30, 1992, Policy Letter on Inherently Government Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication action.

e. The Contractor shall not perform any inherently governmental actions under this task order. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall 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 Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their order, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

f. The Contractor shall insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government’s right in any way under any other provision of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

9. FEDERAL HOLIDAYS:

New Year’s Day

1 January

Martin Luther King Jr.’s Birthday

3RD Monday in January

President’s Day

3RD Monday in February

Memorial Day

Last Monday in May

Independence Day

4TH of July

Labor Day

1ST Monday in September

Columbus Day

2ND Monday in October

Veteran’s Day

11TH of November

Thanksgiving Day

4TH Thursday in November

Christmas Day

25TH of December

a. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. This list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination regarding applicable paid holidays.

b. In addition to the days designated as holidays, the installation(s) may be subject to closure, in whole or in part, by virtue of Federal Statute, Executive Order or Presidential Proclamation. Closures for these days shall not be a reason for an additional period of performance or entitlement of compensation except as set forth within the contract. The COR shall inform the Contractor whether any or all of contractor’s employees will be required or allowed to work on such a day. However, no form of holiday or other premium compensation paid to such employees will be reimbursed under this contract. Only compensation for the time worked under the same entitlements in effect if there were no closure will be an allowable billable charge.

10. TRAINING OF CONTRACTOR PERSONNEL:

a. The Contractor shall hire fully trained and experienced technical, administrative and managerial personnel required for performance of this contract. Training of contractor personnel shall not be an allowable cost.

11. PERIODS OF PERFORMANCE:

The period of performance under this task order is:

BASE PERIOD:

01 AUGUST 2009 thru 31 JULY 2010

OPTION YR 1:

01 AUGUST 2010 thru 31 JULY 2011 (if exercised)

OPTION YR 2:

01 AUGUST 2011 thru 31 JULY 2012 (if exercised)

OPTION YR 3:

01 AUGUST 2012 thru 31 JULY 2013 (if exercised)

OPTION YR 4:

01 AUGUST 2013 thru 31 JULY 2014 (if exercised)

12. INVOICING:

An electronic copy of the invoice shall be submitted to the POC listed below for receipt/acceptance and then submitted to the Contracting Officer for final approval and forwarding to the National Finance Office for payment.

USDA FS, RMRS – Flagstaff

Southwest Forest Science Complex

ATTN: TO BE IDENTIFIED AT CONTRACT AWARD

2500 South Pine Knoll Drive

Flagstaff, AZ 86001-6381

Phone: TO BE IDENTIFIED AT CONTRACT AWARD

E-mail Address: TO BE IDENTIFIED AT CONTRACT AWARD G.1.2. Effective 1 February 2008, any invoice not in accordance with the minimum elements required in FAR 52.212-4 (g) – Invoices will be returned for corrections in accordance with Forestry Service Finance Officer Instruction.

G.1.3. Monthly payments will be made at the end of each month in arrears in accordance with the Prompt Payment Act. Any invoice received before the last day of the month will be rejected and the contractor will be required to resubmit. The Prompt Payment Act time clock will not commence until a proper invoice is received.