SIR Section E.pdf

PART I – SECTION E – SIR #: DTFAWA-16-R-00016

PART I – SECTION E Page 1

E.1 CLAUSES INCORPORATED BY REFERENCE (2011)

The contract incorporates by reference one or more provisions or clauses with the same force and affect as if they were given in full text. Upon request, the Contracting Officer (CO) will make the full text available or the Contractor may obtain the full text via internet from the FAA web page:

(http://204.108.10.60/conwrite/).

The following FAA AMS contract clauses are hereby incorporated by reference:

3.10.4-2 Inspection of Supplies – Fixed Price (Nov. 1997)

3.10.4-4 Inspection of Services - Both Fixed-Price & Cost Reimbursement (April 1996)

3.10.4-14 Assignment of a Quality Reliability Officer (QRO) (October 2015)

3.10.4-15 Certificate of Conformance (APR 1996)

3.10.4-16 Responsibility for Supplies (APR 1996)

E.2 QUALITY ASSURANCE

a. The Contracting Officer (CO) will designate a Quality Reliability Officer (QRO) for this contract.

The QRO has the authority to verify that the Contractor’s inspection system and processes of its quality control program comply with the contract requirements, to witness tests, and to inspect, accept, or reject supplies provided under this contract.

b. Prior to shipment of supplies hereunder, the Contractor shall submit to the QRO for inspection and acceptance all supplies on FAA Form 256, at origin. The Contractor shall provide the original Form FAA 4500-1, FAA Form 256, and all applicable documentation as required by contract. Acceptance by the QRO constitutes verification by the FAA that supplies comply with all contract requirements which are to be completed prior to acceptance; including satisfactory completion of factory tests. Any supplies determined by the QRO to be nonconforming shall be corrected prior to acceptance.

c. The FAA has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times; including the period of manufacture and in any event, before acceptance. The FAA shall perform inspections and tests in a manner that will not unduly delay the work. The FAA assumes no contractual obligation to perform any inspection and test for the benefit of the contractor unless specifically set forth elsewhere in this contract.

d. The Contractor shall establish and maintain a process-based quality management system in accordance with ANSI\ISO\ASQ Q9001-2000, Quality Management Systems- Requirements, Data Item Description (DID), DID-FAA-QA-003, Quality System Plan (QSP). The QSP shall describe the Contractor’s provisions for quality control, inspection, and test of all supplies to be provided under the contract, in accordance with the terms of the contract, including but not http://204.108.10.60/conwrite/

PART I – SECTION E Page 2 limited to, the contract specifications and ANSI/ISO/ASQ Q9001- 2000. Formal third-party ANSI/ISO/ASQ Q9001-2000 registration is not required. However, it does not relieve the contractor from the requirements of submitting a Quality System Plan (QSP).

e. Failure of the Contractor to maintain and operate a processed-based quality management system in accordance with the terms of the contract may, based upon a written determination of the QRO (and consistent with the quality assurance requirements of the contract), be grounds for rejection of affected supplies.

The Contractor shall provide appropriate office space for the QRO and staff for the performance of FAA evaluations and administrative functions. The office area shall be secure to accommodate meetings of a sensitive nature. File cabinets and suitable desks—both with locking capabilities—and other office equipment, as required (including internal internet connectivity capabilities), shall be supplied by the Contractor. The Contractor shall provide administrative support as required by the QRO. A telephone shall be provided to each desk.

The cost of long-distance calls placed by the QRO will be borne by the FAA. The Contractor shall provide adequate parking space for the QRO.

f. Unless otherwise specified in the contract, the Contractor shall notify the designated resident QRO in writing within 2 workdays (7 workdays for non-resident FAA QRO) when Contractor inspections or tests will be performed in accordance with the conditions of the contract and when the supplies or services performed will be ready for FAA inspection.

g. The Contractors quality assurance representative shall review (and revise as necessary) the QSP, when changes occur. The Contractor shall submit the revised QSP to the QRO for acceptance.

h. In the event of a conflict between the QSP and the above referenced standard(s), the applicable ANSI\ISO\ASQ FAA industry standard shall control.

E.3.1 Quality Control Provisions

The FAA’s Quality and Reliability Officer (QRO) assigned to this Contract and designated as such by the FAA, has the authority to verify that they Contractor’s Inspection System and the Quality Control Program comply with Contract requirements; witness tests; and inspect and accept or reject supplies and equipment provided under this Contract.

E.3.2 Contractor-Provided Support

The Contractor must provide on-site space and administrative support necessary for the QRO staff to perform all on-site FAA inspections and evaluations. The FAA will pay for long-distance phone calls.

The Contractor must provide parking spaces to the extent available. If the site inspection location must be changed, all parties agree to cooperate to facilitate a smooth transition.

E.3.3 Failure to Maintain Quality Control

If the QRO determines the Contractor has failed to maintain or operate a quality control program IAW this Contract, the QRO will provide the Contractor with written findings upon which the decision was based. The Contractor’s failure to maintain or operate a quality control program IAW the terms of this Contract is grounds for rejection of equipment or materials submitted for inspection.

PART I – SECTION E Page 3

E.4 RESPONSIBILITY FOR SUPPLIES (APRIL 1996) (AMS 3.10.4-16)

a. Title to supplies furnished under this contract must pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

b. Unless the contract specifically provides otherwise, risk of loss of or damage to supplies must remain with the Contractor until, and must pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin.

c. Paragraph b. above must not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph b.

above must apply.

d. Under paragraph b. above, the Contractor must not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

E.5 INSPECTION AT THE CONTRACTOR OR OTHER SUPPLIER FACILITIES

The FAA reserves the right to inspect equipment, test data and/or test results under this SOW prior to delivery at the Contractor or other facilities related to this Contract. This inspection will be to ensure that the Contractor’s test activities can support the requirements of this SOW. The FAA agrees to abide by the rules and regulations at the Contractor’s facilities during inspection.

E.5.1 Inspection and Acceptance

Supplies specified for delivery in Section F of this Contract are to be inspected and accepted at the point of origin.

E.5.2 Final Government Inspection and Acceptance

The Contractor must submit to the QRO, IAW Section F, all products that require final Government inspection. The QRO must inspect all equipment prior to acceptance and prior to title passing to the Government. Acceptance by the QRO constitutes FAA verification the product complies with all contractual requirements prior to acceptance; including satisfactory completion of all factory tests. The Contractor must, prior to final Government acceptance, correct any product the QRO determines to be nonconforming.

E.5.3 Points of Inspection and Acceptance

The QRO must inspect the material specified for delivery in Section F at the point of origin. The point of origin and acceptance is TBD at the time of Contract Award.

END OF SECTION E