ASTRO Draft Section G February 5 2020.docx

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. BACKGROUND

This section provides roles, responsibilities, and contract administration requirements for the master contract.

Clauses, provisions and other terms and conditions regarding task order administration will be designated by the OCO at the task order level.

G.2. ROLES AND RESPONSIBILITIES OF GOVERNMENT KEY PERSONNEL

This section describes the roles and responsibilities of Government and Contractor personnel.

The current point of contact information of the Government’s ASTRO Program Manager and Contracting Officer, the Contractor’s ASTRO Program Manager and Contract Manager, and other duly authorized representatives for the master contract will be maintained in the ASTRO Symphony Portal.

G.2.1. ASTRO Key Personnel The Key Personnel for the ASTRO program are the ASTRO Program Manager (PM), ASTRO Contracting Officer (CO), and ASTRO Ombudsman.

G.2.1.1. ASTRO Program Manager The ASTRO PM is the primary Government official who performs various programmatic functions with Contractors and customers for the overall success of the ASTRO program.

G.2.1.2. ASTRO Contracting Officer The ASTRO CO is the sole Government official with authority to interpret, administer, and/or modify the terms and conditions of the master contract.

The ASTRO CO may delegate routine administrative functions to an authorized representative to assist on matters related to the master contract’s terms and conditions and monitoring Contractor’s performance.

G.2.1.3. ASTRO Ombudsman If a Contractor has a pre-award or post-award complaint at the task order level it is encouraged that the Contractor initially consult with the ASTRO CO. In the case that the Contractor is not satisfied with the resolution of the complaint by the ASTRO CO, the Contractor may follow the procedures outlined in GSAR 552.216-74 as follows:

GSAR 552.216-74 GSA Task-Order and Delivery-Order Ombudsman (Jan 2017)

(a) GSA has designated a Task-Order and Delivery-Order Ombudsman who will review complaints from contractors and ensure that they are afforded a fair opportunity for consideration in the award of task or delivery orders under Indefinite Delivery/Indefinite Quantity (ID/IQ) contracts, consistent with the procedures in the contract. Written complaints shall be submitted to the Ombudsman, with a copy to the Contracting Officer.

(b) In the case that the contractor is not satisfied with the resolution of the complaint by the GSA Task-Order and Delivery-Order Ombudsman, the contractor may follow the procedures outlined in subpart 33.1.

(c) The GSA Task-Order and Delivery-Order Ombudsman is located at the General Services Administration (GSA), Office of Government-wide Policy (OGP), Office of Acquisition Policy (MV). Contact information for the GSA Task-Order and Delivery-Order Ombudsman can be found at: http://www.gsa.gov/ombudsman.

G.2.2. Task Order Key Personnel The Key Personnel for pre-award and post-award administration of task orders under the master contract is the Ordering Contracting Officer (OCO) and the OCO’s appointed Contracting Officer Representative (COR) or Contracting Officer Technical Representative (COTR).

G.2.2.1. Ordering Contracting Officer The OCO for each task order is the sole and exclusive Government official with authority to solicit, award, administer, and/or modify a task order under the master contract.

On a case by case basis, a warranted Contracting Officer, as defined in FAR Subpart 2.101, may request a Delegation of Procurement Authority (DPA) from the ASTRO Program Office. Only if a DPA is granted from the ASTRO CO may a non-FEDSIM OCO solicit and award a task order under the master contract.

The OCO is encouraged to contact the ASTRO Program Office for any task order assistance including the following:

1. Training on the ASTRO program and ordering procedures

2. Task order scope compliance with the master contract

3. Task order solicitation development

4. Assistance on disputes, claims, or protests at the task order level

5. Contractor performance issues at the task order level

OCO duties include:

1. Complying with the scope, terms and conditions of the master contract, ordering procedures outlined in the ASTRO ordering guide, FAR Subpart 16.505, and other regulatory supplements

2. Identifying the proper Pool, commercial or non-commercial items, contract type(s), terms and conditions, clauses and provisions, applicable to the task order solicitation and award

3. Allowing a reasonable time for fair opportunity proposal submission

4. Resolving any performance issues, disputes, claims or protests at the task order level

5. Responding to all Freedom of Information Act (FOIA), Congressional, Inspector General, Small Business Administration, and/or the General Accountability Office requests for task order information

6. Entering task order performance evaluation in the Contractor Performance Assessment Reporting System (CPARS)

7. Entering task order award data in the Federal Procurement Data System – Next Generation (FPDS-NG) upon task order award

8. Closing out task orders in a timely manner

G.2.2.2. Contracting Officer’s Representative The OCO for each task order may designate a COR or COTR to perform specific administrative or technical functions.

The specific rights and responsibilities of the COR or COTR for each task order shall be described in writing, which upon request, shall be provided to the Contractor.

G.3. CONTRACT ADMINISTRATION REQUIREMENTS

This Section describes all the administration requirements for the entire duration of the master contract.

Failure to meet any of the contract administration requirements may result in the Contractor being placed in Dormant Status (Section H.10) or Off-Ramped (Section H.11) the master contract.

G.3.1. General Administration Requirements General administration requirements are required administration duties of the master contract. All Contractor information will be maintained and reported in the ASTRO Symphony Portal.

G.3.1.1. Contractor Key Personnel The Key Personnel for the Contractor’s ASTRO program are the Corporate ASTRO Program Manager (CAPM) and the Corporate ASTRO Contract Manager (CACM)

The Contractor shall assign a CAPM and a CACM as Contractor Key Personnel to represent the Contractor as primary points-of-contact to resolve issues, perform administrative duties, and other functions that may arise relating to the master contract including, task orders solicited and awarded. Additional Key Personnel requirements may be designated by the OCO at the task order level.

There are no minimum qualification requirements established for the CAPM/CACM. The CAPM/CACM do not have to be full-time positions, however, the CAPM/CACM are expected to be fully proficient in the performance of their duties.

From time to time, the Government may require Contractor attendance, including the attendance of Contractor Key Personnel, at meetings at various locations.

Meetings may be via web-casting, in-person at a government facility, a commercial conference center, or a mutually agreed-upon Contractor facility on a rotational basis, as determined by the Government. Follow-up meetings may be held periodically throughout the duration of the master contract in order to assess performance against the goals and to reinforce partnering principles.

GSA may perform Program Management Review (PMR) meetings on an as needed basis. The goal of the PMR meetings are to provide a platform for ASTRO Contractors, ASTRO staff, and other agency representatives to communicate current issues, resolve potential problems, discuss business and marketing opportunities, review future and ongoing GSA initiatives, and address ASTRO fundamentals.

The Contractor shall ensure that the ASTRO CO has current point-of-contact information for both the CAPM and CACM.

All costs associated with CAPM/CACM duties shall be handled in accordance with the Contractor’s standard accounting practices, however, no costs for CAPM/CACM duties may be billed directly to the ASTRO Program Office.

G.3.1.1.1. Corporate ASTRO Program Manager The Contractor’s corporate management structure shall guarantee senior, high-level, program management of the ASTRO Program, including a Corporate ASTRO Program Manager (CAPM) to represent the company in all ASTRO program related matters.

CAPM duties include:

1. Provides a cohesive partnership between the Contractor, ASTRO Program Manager, and Federal agency customers to identify and achieve reciprocal goals, with effective and efficient customer-focused service, in accordance with the terms of the master contract

2. Advises and assists current and potential Federal agency customers regarding the technical scope of the master contract and the overall attributes of the ASTRO Program

3. Attends all ASTRO Program Management Review (PMR) meetings and other ASTRO meetings as scheduled

G.3.1.1.2. Corporate ASTRO Contract Manager The Contractor’s corporate management structure shall guarantee senior, high-level, contract management of the ASTRO Program, including a Corporate ASTRO Contract Manager (CACM) to represent the company in all master contract related matters.

CACM duties include:

1. Responsible for ensuring that all contract administration functions and reporting information required under the master contract is provided accurately, thoroughly and timely

2. Responsible for all performance issues related to the master contract

3. Attends all ASTRO Program Management Review (PMR) meetings and other ASTRO meetings as scheduled

G.3.1.2. Contractor Self-Assessment The Contractor Self-Assessment (CSA) is a status update for all systems and certifications that were claimed in the proposal submission.

The purpose of the CSA is to keep contractor data up to date.

The CACM shall submit the CSA to the ASTRO CO using the ASTRO Symphony Portal.

G.3.1.3. Accounting System The Contractor shall maintain an acceptable accounting system, as approved by the ASTRO CO and validated by the cognizant Administrative Contracting Officer (ACO) of the Defense Contract Management Agency (DCMA) or other cognizant federal agency, for the entire duration of the master contract.

An acceptable accounting system provides for the proper segregation, identification, accumulation, and allocation of direct and indirect costs for government procurements and is mandatory for the entire duration of the master contract.

Only those Contractors that maintain an acceptable accounting system shall be eligible for Cost Reimbursement (all types) or Non-Commercial Time and Material (T&M) / Labor-Hour (L-H) task order solicitations and awards.

Acceptable accounting systems do not apply to task orders for the acquisition of commercial items or when the task orders are firm-fixed-price or fixed-price with economic price adjustment provided that the price adjustment is not based on actual costs incurred.

G.3.1.4. Cost Accounting Standards (CAS) If applicable, the Contractor shall maintain CAS coverage as approved by the ASTRO CO and validated by the cognizant ACO of DCMA or other cognizant federal agency, for the entire duration of the master contract.

Cost Accounting Standards (CAS) are a set of 19 standards and rules promulgated by the Government for use in determining costs on procurements and for Contractors to disclose in writing and follow consistently their cost accounting practices.

The Contractor and its Subcontractors may be subject to "full" CAS coverage which requires all 19 standards, "modified" CAS coverage which requires Standards 401, 402, 405, and 406, or be “exempt” from CAS coverage under 48 CFR 9903.201-1 and 48 CFR 9903.201-2.

A Contractor under coverage is not subject to a standard where it does not apply. CAS does not apply to task orders for the acquisition of commercial items or when the task orders are firm-fixed-price or fixed-price with economic price adjustment provided that the price adjustment is not based on actual costs incurred.

G.3.1.5. Insurance The insurance coverage specified in FAR Subpart 28.3 is the minimum insurance coverage required for the entire duration of the master contract.

The Contractor shall acquire and maintain insurance coverage for each Pool a Contractor has an award.

The OCO may require additional insurance coverage or higher limits specific to a task order awarded under the master contract.

If a task order does not specify any insurance coverage amounts, the minimum insurance requirements in FAR Subpart 28.3 shall apply.

The Contactor must retain copies of ACORD Form, Certificate of Liability, for each Pool awarded under the master contract and the certificate shall be made available upon request of the ASTRO CO.

OCOs must tailor insurance coverage clauses, provisions, and other applicable terms and conditions specific to each task order’s contract type, solicitation, and award.

G.3.1.6. Federal Awardee Performance and Integrity Information System (FAPIIS) Subject to FAR 9.104-6, Federal Awardee Performance and Integrity Information System, and FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters, the Contractor shall update responsibility matters in FAPIIS including, criminal, civil, and administrative proceedings in connection with federal awards; suspensions and debarments; administrative agreements issued in lieu of suspension or debarment; non-responsibility determinations; contracts terminations for fault; defective pricing determinations; and past performance evaluations.

G.3.1.7. Employment Reports on Veterans Subject to FAR 22.1306, Department of Labor Notices and Reports, and FAR 52.222-37, Employment Reports on Veterans, the Contractor shall report veteran employment and hiring data annually to the Department of Labor by filing a VETS-4212, federal Contractor veterans’ employment report.

G.3.1.8. Executive Compensation and First-Tier Subcontract Awards Report Subject to FAR 4.14 and FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards, the Contractor shall report executive compensation and first-tier subcontract awards in the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS).

G.3.1.9. Post Award Small Business Program Re-representation Subject to FAR 52.219-28, Post-Award Small Business Program Re-representation, if a Contractor represented that it was a small business concern prior to award of a given Pool under the master contract, the Contractor shall re-represent its size status upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement

(2) Within 30 days after a merger or acquisition that does not require a novation

(3) Within 60 to 120 days prior to the end of the fifth year of the contract

For each Pool the Contractor has an award, the Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this re-representation that corresponds to the North American Industry Classification System (NAICS) code assigned to the Pool(s) that corresponds to the Contractor’s master contract.

The Contractor shall make the re-presentation required by this section as follows:

(1) By validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) at Sam.gov and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify ASTRO CO in writing within the timeframes specified above that the data has been validated or updated, and provide the date of the validation or update or,

(2) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to the master contract, the Contractor is required to complete the following re-representation and submit it to the ASTRO CO in writing, along with the contract number(s) and the date on which the rerepresentation was completed using the format below:

The Contractor represents that it ☐ is, ☐ is not, a small business concern under NAICS Code ____________assigned to contract number______________ for Pool number____.

[Contractor to sign and date and insert authorized signer’s name and title]

G.3.1.10. Mergers, Acquisitions, Novations, and Change-Of-Name Agreements In accordance with GSAM 542.12 and FAR 42.12, if a Contractor merges, is acquired, or recognizes a successor in interest to Government contracts when Contractor assets are transferred; or, recognizes a change in a Contractor’s name; or, executes novation agreements and change-of-name agreements by a CO other than the ASTRO CO, the Contractor must notify the ASTRO CO and provide a copy of the novation or other any other agreement that changes the status of the Contractor.

41 U.S.C. 6305 prohibits the transfer of Government contracts from an awardee to a third party. However, the Government may, when in its interest, novate an awardee's contract to a third party when there is a transfer of all of the awardee's assets or the entire portion of the assets involved in the performance of the master contract. In a services contract “assets” are generally personnel performing work under the master contract. For companies with task order awards, assets mean all of the personnel performing those task orders as well as the personnel performing at the master contract level (e.g., the CACM and CAPM). For companies without task order awards, assets mean personnel performing at the master contract level only (e.g., the CACM and CAPM).

For a novation to be approved by the ASTRO CO, the following elements must occur:

1. The company must first submit a proposal to the ASTRO CO under the most recent solicitation of the master contract

2. The proposal must achieve an evaluated numerical score that is equal to or higher than the lowest evaluated numerical score in the Pool being applied for at the time of the original master contract awards

3. The company must submit a novation agreement with all the required legal elements in accordance with GSAM 542.12 and FAR 42.12

4. The novation agreement must include the transfer of personnel performing work under the master contract and any awarded task orders

5. The novation agreement must be determined by the ASTRO CO to be in the best interest of the Government

6. If a company, including affiliates, divisions, or subsidiaries already has a master contract within the same Pool, one of the companies must be put in Dormant Status in accordance with Section H.10

G.3.1.11. Individual Subcontracting Plan(s) In accordance with GSAM 519.7 and FAR 19.7, for other than small business concerns, the Contractor shall comply with the Contractor’s approved subcontracting plan for each Pool the Contractor has a master contract award.

The Contractor must maintain an acceptable individual subcontracting plan for each Pool, as awarded, for the entire duration of the master contract. The Contractor may or may not have received an evaluation scoring credit for small business subcontracting goals proposed on an individual subcontracting plan by Pool, however, the Contractor must meet or exceed the small business subcontracting goal as proposed by Pool, for each reporting period, under the master contract.

“Individual subcontracting plan” means a subcontracting plan specific to each Pool awarded under the master contract and covers the entire 5 year ordering period and 1 (5-year) option period, and has goals that are based on the offeror's planned subcontracting in support of each Pool awarded under master contract.

Each individual subcontracting plan must ensure that small businesses, small disadvantage businesses (SDB), women-owned businesses (WOSB), HUBZone small businesses (HUBZone), veteran-owned small businesses (VOSB), and service-disabled veteran-owned small businesses (SDVOSB) are provided the maximum practicable opportunity to participate as subcontractors at the task order level.

For each Pool the Contractor has a master contract award and approved subcontracting plan, the Contractor shall submit Individual Subcontract Reports (ISR) for each individual subcontracting plan and a Summary Subcontract Reports (SSR) for all subcontract activity with GSA using the web-based electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. eSRS will serve as the sole secure and confidential information management tool to manage and evaluate subcontracting goal performance for the duration of the master contract.

Each individual subcontracting plan is incorporated into the master contract by reference. Contractors are obligated to meet or exceed their small business and socio-economic goals under their individual subcontracting plan for each Pool. When a Contractor does not meet any one or more of their subcontracting goals for a given reporting period, the Contractor shall explain, in writing, the rationale for not meeting the goals in the comments section of the ISR and/or SSR in eSRS.

In accordance with 15 U.S.C. 637(d)(8), any Contractor or Subcontractor failing to comply in good faith with the requirements of the subcontracting plan is in material breach of its contract. Furthermore, 15 U.S.C. 637(d)(4)(F) directs that a Contractor’s failure to make a good faith effort shall result in the imposition of liquidated damages pursuant to FAR 52.219-16, Liquidated Damages-Subcontracting Plan.

G.3.1.12. Provisional Billing Rates, FPRA, and FPRR The Contractor shall maintain provisional billing rates, a forward pricing rate agreement (FPRA), and/or a forward pricing rate recommendation (FPRR), as approved by the ASTRO CO and validated by the cognizant Administrative Contracting Officer (ACO) of the Defense Contract Management Agency (DCMA) or other cognizant federal agency, for the entire duration of the master contract.

“Provisional Billing Rates” are indirect cost rates established temporarily, for interim reimbursement of incurred indirect costs and adjusted, as necessary, pending establishment of final indirect cost rates.

“FPRA” is an agreement between a Contractor and a Government agency in which certain indirect rates are established for a specified period of time.

“FPRR” means rates set unilaterally by the DCMA ACO or other cognizant federal agency for use by the Government in negotiations or other contract actions when FPRA negotiations have not been completed or when the Contractor will not agree to a FPRA.

Provisional billing rates, FPRAs, or FPRRs, will not be disclosed by the ASTRO CO to any unauthorized person. Only an OCO with a specific need to know will have access to this information upon request.

Provisional billing rates, FPRAs, or FPRRs do not apply to task orders for the acquisition of commercial items or when the task orders are firm-fixed-price or fixed-price with economic price adjustment provided that the price adjustment is not based on actual costs incurred.

G.3.1.13. Purchasing System The Contractor shall maintain a purchasing system, as approved by the ASTRO CO and validated by the cognizant ACO of DCMA or other cognizant federal agency, under a formal Contractor Purchasing System Review (CPSR), for the entire duration of the master contract.

Approved purchasing systems provide for efficiency and effectiveness with which the Contractor spends Government funds and complies with Government policy when subcontracting.

Advance notification requirements for subcontracting and consent to subcontract are not required when a Contractor has an approved purchasing system unless otherwise requested by the OCO on an individual task order, task orders with no subcontracting possibilities, or task orders for the acquisition of commercial items.

G.3.1.14. Property Management System The Contractor shall maintain a property management system, as approved by the ASTRO CO and validated by ACO of DCMA or other cognizant federal agency, under a formal Property Management Systems Analysis (PMSA), for the entire duration of the master contract.

Approved property management systems provides for internal controls to manage, control, use, preserve, protect, repair, and maintain Government property in its possession.

Approved property management system does not apply to task orders for the acquisition of commercial items.

G.3.1.15. Material Management and Accounting System (MMAS) The Contractor shall maintain a material management and accounting system (MMAS), as approved by the ASTRO CO and validated by ACO of DCMA or other cognizant federal agency, for the entire duration of the master contract.

MMAS provides for planning, controlling, and accounting for the acquisition, use, issuing, and disposition of material. Material management and accounting systems may be manual or automated. They may be stand-alone systems or they may be integrated with planning, engineering, estimating, purchasing, inventory, accounting, or other systems.

MMAS does not apply to task orders for the acquisition of commercial items.

G.3.1.16. Estimating System The Contractor shall maintain an estimating system, as approved by the ASTRO CO and validated by ACO of DCMA, or other cognizant federal agency, for the entire duration of the master contract.

An approved estimating system means an estimating system that is:

1. Maintained, reliable, and consistently applied

2. Verifiable, supportable, documented, and timely in providing cost estimates that are an acceptable basis for negotiation of fair and reasonable prices

3. Consistent with and integrated with the Contractor’s related management systems

4. Subject to applicable financial control systems

Approved estimating systems do not apply to task orders for the acquisition of commercial items or when the task orders are firm-fixed-price or fixed-price with economic price adjustment provided that the price adjustment is not based on actual costs incurred.

G.3.1.17. Earned Value Management System (EVMS) The Contractor shall maintain a EVMS, as approved by the ASTRO CO upon validation by the DCMA ACO, for the entire duration of the master contract.

EVMS means a project management tool that effectively integrates the project scope of work with cost, schedule and performance elements for optimum project planning and control. The qualities and operating characteristics of EVMS are described in American National Standards Institute /Electronics Industries Alliance (ANSI/EIA) Standard-748.

EVMS does not apply to task orders for the acquisition of commercial items.

G.3.1.18. Service Contract Reporting Requirements for Indefinite Delivery Contracts In accordance with the clause 52.204-15, Contractors must provide a report to the ASTRO CO via the ASTRO Symphony Portal. This report shall be delivered annually by no later than October 15th. This clause and associated report is NOT required for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders.

(END OF SECTION G)