Attachment 4_Trainer Repair Clause.pdf

FA8621-20-R-0003

Section H, Trainer Repair Time Requirement Clause

30 April 2020

9AFLCMC/YWK-H001 Trainer Repair Time Requirement (Apr 2020)

Joint Terminal Control Training and Rehearsal System (JTC TRS) and Joint Theater Air Ground Simulation System (JTAGSS) Requirement for Meeting Trainer Repair Time

1. Definitions and Assumptions

a. Fully Mission Capable (FMC) – is defined as a trainer which is operating and able to accomplish all performance requirements as defined in the Performance Work Statement and Performance Specification.

b. Duty Days - defined as the days on which the Air Force Unit operating the training devices is on an active duty status. For calculation purposes, duty days are Monday - Friday (at the unit location) of each month unless one is designated a federal holiday.

c. Downtime – is defined as the total number of duty days required to restore a training device to

FMC status once a failure has been reported to and acknowledged by the contractor.

d. Excusable delays – Any delay beyond the control and without the fault of the contractor. This includes instances when there is no response from the site to contractor follow-up or any time period of delay when the contractor was not granted access to the base/facility.

a. Category 1 Discrepancy: The discrepancy prevents training from occurring on a JTC TRS or

JTAGSS device. The discrepancy must be corrected before training can resume.

b. Category 2 Discrepancy: This encompasses all other unscheduled discrepancies on a JTC

TRS or JTAGSS device.

c. Category 3 Discrepancy: This encompasses planned maintenance actions to include but limited to the following: software patches, software upgrades, general administration and housekeeping, cyber security updates and scans.

d. Priority 1 Unit: The Special Tactics Training Squadron (STTS) at Hurlburt Field, Florida and the 6th Combat Training Squadron (CTS) at Nellis AFB, Nevada.

e. Priority 2 Unit: Any other unit where a JTC TRS or JTAGSS device is located.

2. Upon failure of a training device, the designated government representative shall notify the contractor of the failure, utilizing the help desk, and provide as much information as possible at that time regarding the failure. If the problem cannot be resolved and the contractor needs to travel, the government representative will advise the contractor of scheduled duty days for building access for the repair effort.

The day of failure notification shall not count as downtime. Downtime begins at the start of the first duty day after the contractor acknowledges notification and continues until the contractor has returned the training device to the FMC status. Any portion of a duty day when the training device is not at FMC, other than the reporting day, will be treated as a full day of downtime. In the event of failures at multiple units, the Priority 1 units shall be fixed first.

3. For training devices at O-CONUS sites, the time allowed for repair or resolution of Category 1 discrepancies is 96 hours. At CONUS sites, the time allowed for repair or resolution of Category 1 discrepancies is 48 hours. Resolution is defined as a Contracting Officer (CO) course of action if a repair is not necessary. In the event the same Category 1 discrepancy repeats on the same device within 30 duty days, the allowable repair time of the device is zero. Downtime will be calculated as described in paragraph 2 above.

FA8621-20-R-0003

Section H, Trainer Repair Time Requirement Clause

30 April 2020

4. Category 2 discrepancies shall be repaired, resolved or dispositioned within 45 duty days or as tasked by the CO. Disposition is defined as a documented course of action in the Help Desk Electronic Data Management System if a repair is not complete in the allotted time frame.

5. Failure to restore the training device to FMC status within the time limitations shall result in a reduction of the monthly CLS payment per device per duty day for each duty day the device is not restored. The following calculation will be used to determine the reduction in monthly CLS payment per device.

Monthly CLS Reduction = (1 – (A/B)) x Monthly CLS Price per Device

A = Number of Downtime Duty Days Outside of Allowable Repair Time B = Number of Duty Days per Month

Example: Assume CONUS Category 1 discrepancy in March 2016 with a total downtime of 3 duty days.

A = 1 Duty Day Outside of Allowable Repair Time B = 27 Duty Days in March 2016

Calculation: (1-(1/27) = 96.3% x Monthly CLS price per device, Contractor would receive 96.3% of monthly CLS price for the device in March 2016

6. In the event of a disagreement, the Contractor shall document the complete details of the dispute and elevate it to the CO for resolution. The CO’s decision shall be final.

7. This clause does not limit the Government's rights under FAR 52.249-8 Default (Fixed-Price Supply and Service), incorporated in Section I of this contract. The Government may find the Contractor in default for any deficiencies in services.