Att. (1), App. I - Over-and-Above Procedures.pdf

N0001919R0013

Attachment (1), Appendix (I) 31 MAR 2020 1 of 2 Over-and-Above Procedures

Over-and-Above Procedures

General - These procedures apply when the Contractor or Government identifies over and above work requirements within the general scope of the contract for action during contract performance.

(1) "Over and above work" means work that is --

(i) Within the general scope of the contract;

(ii) Not covered by the line item(s) for the basic work under the contract; and

(iii) Necessary in order to satisfactorily complete the contract.

(2) "Work request" means an Over and Above Work Request (OAWR) Form prepared by the Contractor which describes the over and above work being proposed.

(3) The Contractor shall submit to the Government an OAWR form for authorization to proceed. The OAWR Form shall include, at a minimum: a description of the over and above work that needs to be performed, including estimated labor hours by labor type (depot labor, maintenance labor, engineering services labor, etc), extended labor price, estimated costs for any required materials/parts, travel/per diem, and other direct costs in such detail as necessary to permit a thorough evaluation. The Contractor shall also propose a schedule to complete the over and above requirement.

a. Regarding O&A work to be performed during a scheduled C Check, approximately 90 days prior to the scheduled “C” Check, the Government will request a proposal from the Contractor. The Contractor shall submit its proposal 45 days before aircraft induction into the depot facility. The proposal shall provide FFP/estimates to complete any additional O&A actions that will be required to correct deficiencies and complete the depot inspection.

b. To assist in timely performance of O&A type work or other work requiring rapid authorization by the Government, the Government may issue delivery orders or modifications with funding on the applicable CLINs/SLINs against which the Contractor will be authorized to charge work as it is authorized by the Government. The amount of funding will be determined by use of a Government estimate, a Contractor estimate (ROM), or combination thereof. A delivery order modification will be issued to finalize the FFP negotiated between the Contractor and the Government.

c. In accordance with paragraph (b) above, the Government may fund O&A actions by the issuance of funding at a ceiling level against which the Contractor shall invoice for the work performed. The delivery order/modification will reflect those items that were agreed to as FFP and those that are being done on a not-to-exceed (NTE) basis. When NTE pricing/funding is used during depot actions, the Contractor must track potential expenditures against the NTE items, or pool of items, on a daily or every other day basis to ensure the funding amount of the modification is not exceeded.

(4) The Contractor is NOT authorized to proceed with any O&A work without prior approval from the Contracting Officer, COR, and DCMA unless the following O&A work situation exists:

Threshold Rule for aircraft: All O&A work with a 25 hour mechanical effort estimate or less shall be approved by the Contractor for execution, pending availability of funding.

Threshold Rule for engines: All O&A work with a 10 hour mechanical effort estimate or less shall be approved by the Contractor for execution, pending availability of funding.

N0001919R0013

Attachment (1), Appendix (I) 31 MAR 2020 2 of 2 Over-and-Above Procedures

(5) The Government will then review the Contractor’s work request for reasonableness and completeness. If the work request is considered acceptable by the Government, pending availability of funding, the Government will provide authorization for execution of the required effort along with instructions on a NTE/ceiling price. The Government is not responsible for any costs incurred by the contractor that exceed the NTE price established by the authorization. This authorization may be either in writing, electronic mail format, or oral.

Oral authorizations will be followed up with a written authorization within 3 business days, referencing the date that the oral authorization was issued.

(6) The Government and Contractor will negotiate a firm fixed price settlement for the over and above work. Delivery orders/modifications will be executed to definitize all over and above work. Failure to agree on the price of over and above work shall be handled in accordance with the Disputes clause of this contract.

(7) To the maximum extent practicable, FFP labor hours in accordance with the contract schedule will be used for over and above requirements. If an applicable contract labor rate is not available for a particular over and above work requirement, a labor rate will be negotiated for that effort prior to the start of the work. In the event that the urgency of the effort does not permit the negotiation of a fixed price labor rate, the authorizing notice will establish NTE prices. The Government is not responsible for any costs incurred by the contractor that exceed the NTE price established by the authorization or modification.

Threshold Rule for aircraft: All O&A work with a 25 hour mechanical effort estimate or less shall be approved by the Contractor for execution, pending availability of funding.

Threshold Rule for engines: All O&A work with a 10 hour mechanical effort estimate or less shall be approved by the Contractor for execution, pending availability of funding.