Attachment R - Deduction Schedule for Non-Conforming Services.pdf

NPS-ER Attachment R Deduction Schedule for Non-Conforming Services 80GSFC22R0004

NASA Protective Services Eastern Region

(NPS-ER)

Deduction Schedule For Non-Conforming Services

Attachment R

November 2021

Deduction Schedule

A. In addition to the language of clause NFS 1852.223-75 Major Breach of Safety or Security, the Government considers the actions, activities and behaviors described herein as non-conforming to the requirements of the contract and are of a serious nature requiring immediate corrective action by the Contractor. The Contractor is encouraged to self-report, see Data Requirements Document DRD PM-008 in the monthly program management status reviews, any finding of non-compliance and corrective action taken. Such self-reported actions will be considered proactive responses to improve the workforce and customer service. The Government may waive the monetary reduction of invoice/price/accrued payments due for self-reported occurrences. Conversely, the Government may determine that specific or recurring non-conformances constitutes cause for termination and may warrant exercise of the Government’s right to terminate for cause under FAR 212-4.

B. The Contracting Officer (CO) or Annex Contracting Officer Representative (COR) will document any Government findings of non-conforming services and notify the Contractor of such findings within 3 calendar days of verification of the occurrence. Contractor shall acknowledge receipt of notice of non-conforming service and provide a credit to the Government per the deduction schedule listed herein on the next invoice/voucher/request for payment. The credit shall be applied to the appropriate CLIN for the non-conforming service. Government findings of non-conforming services shall be tracked & reported at the program management reviews.

C. The Contractor may appeal a government finding of non-conformance by requesting a final determination by the CO. To be considered timely, the final determination request must be received by the CO within 10 calendar days of the Contractor receiving a notice of non-conformance. Appeals must be adequately supported with information to justify the actions/activities/behavior as conforming to the requirements of the contract.

D. If the Contractor does not accept the CO final determination, such disagreements shall be handled in accordance with paragraph (d) Disputes of FAR 52.212-4.

1. The following apply to the deduction schedule:

a. Timeliness – Reflects units of work per period-of-time (daily, monthly, quarterly, semi-annual, yearly) and allotted response and/or completion time (the time submitted to the government).

Example: For report submissions, each five days the report is late is counted as an occurrence. Example: If the report is due the 15th of the month and it is submitted on the 19th, no occurrences will be noted. If the report is submitted on the 20th, one occurrence will be noted.

b. Quality or Documentation – Reflects work units that do not meet requirements or standards. Standards shall be detailed in the DRD or SOP related to the report. If the report is controlled by a NASA regulation, the details of the standard shall be guided by the regulation, if not further revised elsewhere.

c. Error – Defined as an unintentional misrepresentation or omission of relevant events relative to the performance of a requirement and/or incorrect or incomplete data input as required by a DRD, SOP, or NASA regulation. Relevant (not mere typing) information errors shall be considered as an occurrence. Errors may include the wrong details of an event like location, time, descriptions, involved persons, or other information relevant to a/the report. Five (5) product quality errors (typing, improper word usage, or grammar issues) combined per page in a report is considered as an occurrence. Recurrence of information errors and product errors may result in an additional occurrence defined in D1.b. above.

d. Occurrences are assessed per day and on a twelve-month schedule that accumulates beginning with the first day of contract start thru the last day of the contract year.

Example: If contract start date is February 1, 2020 and an SPO that has not completed NBTS training is placed on post on January 29, 2021- Feb 2, 2021, that will constitute 3 occurrences in the first contract year for January 29-31 and two occurrences in the second contract year for February 1-2. Each day is a separate occurrence.

e. Occurrences may be observed by audit findings, periodic inspections, contractor provided reports, personal observation, review of records, external reporting, self-reporting, database searches, and customer complaints. The Contractor is expected to self-report occurrences when discovered. Self-reported occurrences shall be reduced 2 tiers in severity.

f. Occurrences fall within four tiers of severity, with the least severe being Tier 1 and the most severe being Tier 4. An escalating scale shall be utilized for imposing deductions as indicated below.

g. These observations and occurrences include the PWS and the Center Annexes.

DEDUCTION PER OCCURRENCE

1st 2ND 3rd +

TIER l $0 $100 $500

TIER 2 $100 $500 $750

TIER 3 $500 $750 $1,000

TIER 4 $750 $1,000 $5,000

Table TIER 1 Tier 1

ITEM OCCURRENCE ADVERSE EFFECT

1 Failure to submit required reports on time Government oversight less timely

2 Required reports submitted with error(s) Government oversight more difficult

3 Failure to complete 10 routine locksmith work orders within the required timeline (see TO)

Center operations adversely impacted

4 Failure of locksmith to be on-site after-hours within the required timeline (see TO)

Center operations adversely impacted

5 Failure of records to be accurate and updated within the required timeline (see DRD)

Center operations adversely impacted

6 Inaccurate and/or untimely reporting of information on personnel and property mishaps/close calls

Center operations adversely impacted

7 Uniform and equipment do not meet prescribed standards, and in accordance with attachment U

Less than professional appearance to public

8 Failure to use PPE and/or failure to use PPE properly, as required with adverse results Increased risk to personnel safety

9 Inappropriate on-duty behavior including smoking where prohibited, and non-duty related cell phone use

Less than professional appearance to public and risk to personnel safety

Inappropriate use of vehicle, including personal use of a cellphone while driving, texting while driving, careless driving, and other uses that could result in a traffic violation.

Less than professional appearance to public and risk to personnel safety

11 Data Requirement Deliverable received by NASA more than two days after due date Government oversight less timely

12 Failure to provide timely support to design reviews within the agreed timeframe Government oversight less timely

13 Failure to maintain, update or follow Standard Operating Procedures

Increased risk to personnel safety and Center security

14 Failure to comply with NASA regulations and center policy Increased risk to personnel safety and Center security

Failure to perform unscheduled request for service in badging office as specified within the Center Annexes and/or PWS

Center operations adversely impacted

16 Failure to perform scheduled request for service in badging office as specified within the Center Annexes and/or PWS

Center operations adversely impacted

Knowingly being in contract violation and not immediately self-reporting the violation as specified in the

PWS

Center operations and contract performance is severely impacted

Table TIER 2

TIER 2

ITEM OCCURRENCE ADVERSE EFFECT

18 Failure to ensure compliance with training, certification, qualification standards, and security clearance requirements

Increased risk to personnel safety and Center security

19 Failure to staff a post or duty position as required Increased risk to personnel safety and Center security

20 Failure to fill duty position vacancies and/or new positions within required timelines

Increased risk to personnel safety and Center security

21 Failure to activate the Emergency Operations Center as specified within the Center Annexes and/or PWS

Increased risk to personnel safety and Center security

22 Failure to respond to emergencies or non-emergencies as specified within the Center Annexes and/or PWS

Increased risk to personnel safety and Center security

23 Failure to answer emergency and non-emergency calls as specified within the Center Annexes and/or PWS.

First responders shall be dispatched within required time limits as specified within the Center Annexes and/or PWS after the call is received

Increased risk to personnel safety and Center security

24 Failure to maintain accountability of Government property (excluding firearms and Communications equipment)

Increased risk to personnel safety and Center security, and potential for fraud

25 Failure to respond to an alarm as required. Increased risk to personnel safety and Center security

26 Failure to provide proper destruction of FOUO, SBU, CUI as required

Increased risk to personnel safety and Center security

27 Failure to conduct Emergency Preparedness Exercises as required

Increased risk to personnel safety and Center security

28 Minor violation of NASA IT asset requirements (e.g. email violations, internet violations, introduction of unapproved IT devices, assets and software to NASA IT systems)

Increased risk to personnel safety and Center security, and potential for fraud

Table TIER 3,4 Tier 3

ITEM OCCURRENCE ADVERSE EFFECT

29 Unauthorized or negligent discharge of weapon Increased risk to personnel safety and Center security

Failure to maintain impartiality in investigations, training, testing and certifications (cheating to obtain grades or certifications)

Increased risk to personnel safety and Center security, and potential for fraud

Inappropriate on-duty behavior including roughhousing, hazing, and sleeping on duty Less than professional appearance to public and risk to personnel safety

Contribute to a safety mishap (minor -Type C or

Type D or Close calls) NPR 8621.1 Increased risk to personnel safety, Center security and mission failure

TIER 4

The misuse of Government Property, theft, Unreasonable delays or failure to carry out assigned tasks, conducting personal affairs during duty hours, violation of security protocols or intentional deception, manipulation of security measures or systems to prevent their intended use, refusing to render assistance or cooperate in upholding the intent of worksite security, or failure to cooperate in quality assurance and safety inspections or other investigations conducted by the Government

Increased risk to personnel safety and Center security, and potential for fraud

34 Posting an employee that does not meet training, certification, and qualification standards

Increased risk to personnel safety and Center security

Failure to respond to any alarm of a facility containing classified or cryptographic material or networks, to include SCIF, Cryptographic Work

Areas, Collateral Secret work areas, or classified storage facilities as required.

and Center security

36 Unauthorized release of PII, FOUO, SBU, CUI or Classified information

Increased risk to personnel safety and Center security

Major violation of NASA IT asset requirements (e.g., creating an impact to IT systems and/or mission operations, FSL 4, mission operations, introduction of unapproved IT devices, assets, and software to NASA IT systems) and center security, and potential for fraud

38 Loss of weapon or ammunition Increased risk to life and personnel safety and Center security

Failure to maintain accountability of Government property (including firearms and communications equipment)

Increased risk to life and personnel safety, Center security, and potential for fraud

Contribute to a safety mishap (major – Type A or Type B)

NPR 8621.1

Increased risk to personnel safety, Center security and mission failure

NOTE: The CO may relieve the Contractor of any performance requirement not accomplished as a direct consequence of responding to a bona fide emergency activity until additional personnel can be brought in.