Draft DNTS Sect G.pdf

Dedicated Network Telecommunications System (DNTS) DRAFT SIR # 693KA8-23-R-000xx

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PART I – SECTION G

CONTRACT ADMINISTRATION

G.1. AMS 3.1-1 Clauses and Provisions Incorporated by Reference (July 2019) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via the Internet at: https://fast.faa.gov/contractclauses.cfm.

Number Title 3.10.1-22 Contracting Officer’s Representative (April 2012)

G.2. FAA Contract Administration Points of Contact The name and contact information of key FAA Points of Contact are provided in Table G-1.

Table G-1 – FAA Points of Contact

Role Name Email Address Phone Number

Contracting Officer (CO) Austin Francis Austin.W.Francis@faa.gov Contract Specialist Maria Ashby Maria.J.Ashby@faa.gov

Contracting Officer’s Representative

(COR)

TBD at Award

Alternate Contracting Officer’s Representative (ACOR)

TBD at Award

Quality Reliability Officer (QRO) Reference: Section E and AMS Clause 3.10.4-14 Assignment of a Quality Reliability Officer

TBD at Award

Materiel Manager Reference: Section F.6 - Serves as the CO’s designee for all shipping instructions

TBD at Award

Data Manager Reference: Attachment J-2 CDRL/DIDs, Section 3.0 (15) and Section F.5.

Coordinates delivery and distribution of CDRLs for AJM-313.

TBD at Award https://fast.faa.gov/contractclauses.cfm

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G.3. CONTRACTING OFFICER’S AUTHORITY

The CO assigned to this contract is responsible for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the CO is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the CO is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, the said authority remains solely with the CO.

The Contractor must immediately notify the CO for clarification when a question arises regarding the authority of any person to act for the CO under the contract or when the Contractor receives direction that appears outside contract scope.

The Contractor must contact the CO immediately if there is even the appearance of any technical direction that is, or may be, outside the scope of the contract. Costs incurred that were not authorized by the CO and work outside the scope of the contract must be considered unallowable costs and will not be reimbursed by the Government.

G.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR) / ALTERNATE COR

RESPONSIBILITIES

a. The COR, and in the absence of the COR, the ACOR acts as the single point of contact within the FAA for all matters related to the technical and management aspects of the overall contract and Order. The COR and ACOR are responsible for the technical administration of the contract, technical liaison with the Contractor, final inspection and acceptance of all deliverables, and should be contacted regarding questions or problems of a technical nature.

b. If at any time during the performance of this contract or any Order, should administrative problems arise which will have an adverse impact on timely performance by the Contractor or affect the contract price, the Contractor must immediately notify the Contracting Officer to obtain official confirmation and refrain from acting on such advice or comments until confirmed by the Contracting Officer.

c. In no event, however, will any understanding or agreements, modification, change Order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. All requests for interpretation or modification must be made in writing to the Contracting Officer.

d. Neither the COR nor ACOR is authorized to change the scope of work or specifications in the contract, make any commitments, or otherwise obligate the Government or authorize any changes that affect the contract price, terms and conditions of the contract, and delivery schedule, or contract period of performance.

e. Performance of the work under this contract must be subject to the technical direction of the COR or ACOR. The term “technical direction” is defined to include, without

G-3 limitation, the following:

1. Directions to the Contractor that redirect the contract effort, shift work, emphasis between work areas or tasks, required pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual Statement of Work (SOW);

2. Provision of written information to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of the work description; and

3. Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.

f. Technical direction must be issued in writing by the COR or ACOR and must be within Scope of Work. The COR / ACOR do not have authority to and may not issue any technical direction which:

1. Constitutes an assignment of additional work outside the SOW;

2. Changes any of the expressed terms, conditions, or specifications of the contract;

or

3. Interferes with the Contractor’s right to perform the terms and conditions of the contract.

g. The Contractor must proceed promptly with the performance of technical directions duly issued by the COR or ACOR in the manner prescribed by this clause and within his authority under the provisions of this clause. If in the opinion of the Contractor, any instruction or direction by the COR or ACOR falls within the categories defined in a-f above, the Contractor must not proceed but must notify the Contracting Officer in writing within three (3) workdays after receipt of any such instruction or direction to request the Contracting Officer to modify the Contract accordingly. Upon receipt of the notification from the Contractor, the Contracting Officer will:

1. Advise the Contractor in writing, within five (5) calendar days after receipt of the Contractor’s letter, that the technical direction is within the scope of the contract effort and does not constitute a change to the contract; or

2. Advise the Contractor, within a reasonable length of time, that the Government will issue a written change order.

h. A failure of the Contractor and Contracting Officer to agree that the technical direction is within the scope of the contract or a failure to agree upon the contract action to be taken with respect thereto must be subject to the provisions of AMS 3.9.1-1, Contract Disputes.

i. The COR or ACOR are changeable by the Government at any time. The Contracting Officer will promptly provide the Contractor such notification of the change in writing, including the name and address of the successor COR / ACOR.

G.4. CORRESPONDENCE PROCEDURES

To promote timely and effective contract administration, correspondence submitted under this contract (except invoices and deliverable items) must be subject to the following procedures:

1. Technical correspondence of a routine nature must be addressed to the designated COR with an information copy of the correspondence to the CO listed in G.2 and, if

G-4 applicable, a copy to the ACOR.

2. Other considerations including technical correspondence involving technical issues and correspondence proposing or otherwise involving waivers, deviations or modifications to the contract, must be addressed to the CO listed in G.2, with information copies to the COR and if applicable a copy to the ACOR.

3. All correspondence must include the contract number and a Task Order number, if applicable.

4. All correspondence regarding contract administration will be addressed in accordance with this subparagraph, unless otherwise changed by the CO.

G.5. INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

This contract is an Indefinite Delivery/Indefinite Quantity (IDIQ). This contract type provides for delivery of an indefinity quantity within stated limits, of specific products or services during a fixed period; with deliveries to be scheduled by placing orders with the contractor. Task or Delivery Orders, signed by the CO, are the only method for obligating Government funds on this type of contract. Per AMS Procurement Guidance T3.2.4(A)(5)(a)(6), the contract may include provisions for placing orders and funding should be properly obligated. Funding is obligated at the Task and Delivery Order level only. No funds will be obligated at the IDIQ contract level.

G.6. ORDERING PROCEDURES

Orders for supplies or services specified in Section B of the Schedule may be issued by the CO at any time during the effective period of this contract. The Contractor agrees to accept and perform orders issued by the CO within the scope of this contract. The Contractor must furnish all materials and services necessary to accomplish the work specified in each order issued hereunder. In the event of any inconsistency between any order and this contract, this contract must take precedence. All requirements of this contract must be applicable to all orders issued hereunder.

G.6.1 Ordering

a. Any supplies and services to be furnished under this contract will be ordered by issuance of a Delivery Order (DO) or Task Order (TO). Orders may be issued on a fixed price or time & material (T&M) basis to the extent permitted by the CLIN structure of the contract. The price or ceiling amount for each order may not be exceeded unless authorized by a modification to the order. Only TOs can be issued on a T&M basis. The provisions of the AMS 3.3.1-39 Funding – Time-and-Materials and Labor-Hour Contracts will apply to individual TOs/WOs/DOs issued with T&M CLINs.

b. The Contractor must not begin any work on an order until a firm priced order is issued by the CO. The order is considered issued on the date the FAA CO signs and distributes the order to the contractor. Priced CLINs in Section B, Supplies or Services and Prices/Cost, can be ordered unilaterally by the CO. The CO may issue a Request for Quotation (RFQ) prior to issuing an Order. The Contractor must submit the RFQ proposal IAW G.6.2 and the due date specified in the RFQ.

c. Each order will include, as applicable, the following:

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1. Detailed specifications, Statements of Work (SOW), or requirements for the supplies or services being ordered, (or reference applicable specifications or requirements in Section C of this contract), and, must refer to the appropriate CLIN(s) under Section B of this contract;

2. Quantities being ordered and unit prices;

3. Price per CLIN and total price;

4. Packaging, packing, and shipping instructions;

5. Period of performance or delivery dates;

6. Place(s) of performance;

7. Place(s) where inspection and acceptance will be made by the Government;

8. Appropriation and accounting data for the work being ordered, to include any specific invoicing provisions as applicable;

9. If applicable, Government furnished property and the date(s) such property is to be delivered to the Contractor;

10. Any other pertinent information.

d. Modifications to Orders may be issued by the CO and will include the information set forth in paragraph (c) above, as applicable.

G.6.2 Request for Quotes (RFQs)

Technical and Management

RFQs must demonstrate the Contractor’s technical and management approach to the requested work and must include as a minimum:

1. Assumptions

2. Compliance or exceptions to requirements

3. Contractor’s approach to accomplishing the work requested

4. SOW paragraph number(s)

5. Specific technical details to accomplish the work

6. Period of Performance

7. Schedule

8. Deliverables

9. Key Personnel, if any

10. Risks and risk mitigation

11. Required Government Furnished Equipment (GFE) or Government Furnished

Information (GFI), if required

12. Subcontractor utilization, including small business participation

Price

The price proposal must include the following:

1. All information necessary to fully address the RFQ

2. Completed pricing consistent with Section B.

3. CLIN

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4. Labor Category Description

5. Basis of Estimates (e.g., labor rate, materials, travel, and associated rationale) must be provided to support all CLINs and SLINs

6. Number of hours required for the performance of the task

7. T&M Labor rate

8. Total labor dollars

9. Rationale for additional Labor Categories not included in Section B

10. Identification and justification for the use of all non-labor cost elements, e.g., other direct costs (ODCs) to include materials and administrative costs

11. Estimated ODCs

12. A detailed travel estimate, if applicable, specifying airfare, mileage, per diem rates, number of trips, and number of Contractor employees traveling. The travel estimate must include justification for the trips and the number of travelers

Evaluation of RFQs

a. RFQs will be evaluated for acceptability of the technical and management approach and price/cost.

b. The Contractor must provide its basis of estimate in sufficient detail to allow the evaluators to determine the price fairness, reasonableness, and soundness of the proposed cost/price.

c. The Contractor must provide existing verifiable data, the judgment factors, rationale, and methodology applied by it to project form known data to its estimate, and the contingencies used by the Contractor in its price proposal.

d. The basis of estimate must clearly provide traceability from each proposed CLIN price to the basis of estimate.

e. If necessary, during the evaluation of the RFQ, the FAA may contact the Contractor to request clarifications, modifications, or commence negotiations concerning its proposal.

Upon completion of the evaluation, the CO may issue a DO, TO or WO to the Contractor.

Cancellation or Withdrawal of RFQ

The FAA reserves the right to cancel or withdraw the RFQ at any time before issuance of the Order. In such an event, the CO will notify the Contractor in writing.

G.7. Billing Instructions The Contractor must submit invoices monthly. The CO will authorize payments determined to be allowable IAW the following clauses:

AMS Clause 3.3.1-1 Payments (July 2018) AMS Clause 3.3.1-5 Payments under Time-and-Materials and Labor Hour Contracts (July 2018)

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The following funding table will be incorporated in each TO/DO issued.

DO/TO

/WO No.

DO/TO/WO

CLIN

PR

Number

PR Item Number

Accounting & Appropriation Data

Funded Amount

TOTAL

G.8. PREPARATION, SUBMISSION AND PROCESSING OF INVOICES

The Contractor must prepare and submit invoices IAW the AMS Clause 3.3.1-40 Electronic Submission of Payment Requests (January 2021) incorporated into Section I of this contract.

The FAA anticipates the submission of invoices once per month. However, each Task Order will specify the frequency of invoice submissions.

G.9. RELEASE OF GOVERNMENT OBLIGATION

The Contractor, and each assignee under an assignment entered into under this contract/task order and in effect at the time of final payment under this contract/task order, must execute and deliver, at the time as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract and Task Order, subject only to the following exceptions:

(a) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement, by the Contractor.

(b) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract/task order, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the CO not more than 1 year after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

End of Section G