SECTION G.pdf

SECTION G- CONTRACT ADMINISTRATION

G.1 AMS 3.1-1 Clauses and Provisions Incorporated By reference (July 2011) 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 Internet at: http://conwrite.faa.gov.

(End of clause)

AMS Clause No. Title and Date 3.10.1-22 Contracting Officer's Representative (April 2012)

G.2 Background This section provides roles, responsibilities, and contract administration requirements for the NAVTAC II IDIQ Contract and each task order placed under this IDIQ contract. Additional clauses and other requirements regarding contract administration may be designated at the task order level.

G.2.1 Accounting and Appropriation Data Accounting and appropriation data for obligations under this contract will be set forth in individual Task Orders.

G.3 Roles and Responsibilities of Key Personnel This section describes the roles and responsibilities of Government and Contractor personnel. Additional Key Personnel and Key Personnel Roles and Responsibilities may be defined in individual task orders.

G.3.1 Government Personnel G.3.1.1 Contracting Officer’s Representative (COR) The Contracting Officer will designate a NAVTAC II IDIQ Contract COR to assist in monitoring the work under this contract. The NAVTAC II Contract COR is responsible for the technical administration of the NAVTAC II Contract and will be the technical liaison with the Contractor. The NAVTAC II Contract COR IS NOT authorized to change the scope of work or specifications as stated in the NAVTAC II Contract or any contract Task Order, to make any commitments or otherwise obligate the Government or authorize any changes which affect the task order price, delivery schedule, period of performance or other terms or conditions.

Only the Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this NAVTAC II Contract must not be construed to authorize the revision of the terms and conditions of the Contract. Any such revision must be authorized in writing by the Contracting Officer. The COR will be designated by CO via a Designation Letter, which will specify the COR’s extent of authority.

The Contracting Officer will also designate a Task Order Representative (TOR) for each awarded Task Order, who may be the same individual(s) who serves as the NAVTAC II Contract COR. The TOR is responsible for the day-to-day administration and oversight of the Task Order. The Task Order TOR will represent the CO and TOR in the administration of technical details within the scope of the Task Order.

The Task Order TOR is also responsible for the final inspection and acceptance of all Task Order deliverables and reports, and such other responsibilities as may be specified. The Task Order TOR is not otherwise authorized to make any representations or commitments of any kind on behalf of the CO or the Government. The Task Order TOR does not have authority to alter the Contractor’s obligations or to G-1 | P a g e S c r e e n i n g I n f o r m a t i o n R e q u e s t ( S I R ) S e c t i o n G

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change the Task Order scope of work, specifications, price, terms, or conditions. If, as a result of technical discussions, it is desirable to modify the Task Order scope of work, obligations, or the specification, changes will be issued through the issuance of a task order modification. The TOR will be designated by CO via a Designation Letter, which will specify the TOR’s extent of authority.

G.3.2 Contracting Officer’s (CO) Authority A warranted Contracting Officer is the only person authorized to issue modifications to the NAVTAC II IDIQ Contract and Task Orders, approve changes in any of the requirements and specifications, or obligate funds. Notwithstanding any clause/provision contained elsewhere in this NAVTAC II Contract, the authority to modify the Contract remains solely with the Contracting Officer. If the Contractor makes any NAVTAC II Contract changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract to cover any increases in charges that may result. The Contracting Officer has the authority to perform any and all post-award functions in administering and enforcing the NAVTAC II Contract in accordance with its terms and conditions. The designated Contracting Officer for the NAVTAC II Contract is:

Name: TBD Address: Federal Aviation Administration

ATTN: TBD

800 Independence Avenue, S.W.

Washington, D.C. 20591

Office Email: TBD

Services may be ordered via Task Orders issued by Task Order Contracting Officers and will follow the ordering procedures set forth in Section G.5, Ordering Procedures. Task Order Contracting Officers will be specified in individual task orders.

G.3.3 Substitution of Key Personnel Before replacing any individual designated as Key by the Government, the Contractor must notify the Contracting Officer no less than 45 business days in advance (60 business days if a security clearance is required), submit written justification for replacement, and provide the name and qualifications of any proposed replacement(s). Such justification must include:

(a) An explanation of the circumstances necessitating the substitution;

(b) A complete resume of the proposed substitute; and

(c) Any other information requested by the CO to enable him/her to judge whether or not the

Contractor is maintaining the same high quality of personnel that provided the partial basis for award. At the discretion of the Government, the proposed substitution may be interviewed to verify resume representations.

All proposed replacements must possess qualifications equal to or superior to those of the Key person being replaced, unless otherwise approved by the Contracting Officer. The Contractor must not replace Key Contractor personnel without approval from the Contracting Officer. The following Contractor personnel are designated as Key for this requirement:

• Program Manager

Additional Key Personnel requirements may be designated at the time of contract award or at the task order level.

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The Contractor must assign a Program Manager (PM) as Contractor Key Personnel to represent the Contractor as primary points-of-contact to resolve technical and contractual issues, perform administrative duties, and perform other functions that may arise relating to the NAVTAC II Contract and task orders solicited and awarded under the Contract. The Contractor must ensure that the NAVTAC II Contract CO has current point-of-contact information for both the Contractor’s PM and all other Contractor Key Personnel. Key Personnel are required to stay with the contract for 12-months after contract award.

The NAVTAC Program Manager and the CO will evaluate substitutions at the contract level and the COR will evaluate TO level substitutions. These individuals will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval in writing. All disapprovals will require resubmission of another substitution within fifteen (15) calendar days by the Contractor.

G.3.3.1 Program Manager In accordance with Section C.3.9, the Contractor’s corporate management structure must guarantee senior, high-level, program management of the NAVTAC II Contract, including assignment of the Program Manager (PM), to represent the company in all Contract related matters. The PM or designee must be available during regular business hours to respond to inquiries from the COR and CO, including requests to meet in person and via teleconference.

G.3.3.2 Employee Qualifications All personnel performing under the NAVTAC II Contract must meet the qualifications of set forth under this IDIQ Contract, including but not limited to those found in Section J Attachments J-2 Labor Category Descriptions.

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:

(a) Correspondence of a routine nature must be addressed to the designated COR with an information copy of the correspondence to the Contracting Officer.

(b) Other correspondence, including technical correspondence involving technical issues and correspondence proposing or otherwise involving waivers, deviations or modifications to the contract, must be addressed to the Contracting Officer with information copies to the COR.

(c) All correspondence must include the contract number and a Task Order number (if applicable).

(d) All correspondence must be directed to 9-AWA-AAQ-NAVTACII@faa.gov

G.4.1 Electronic Communications The Contractor must assure an electronic means for communicating with FAA personnel. The Contractor must ensure that the communications are compatible with the FAA’s electronic mail system, which is currently Microsoft Outlook. The Contractor must also ensure that the Contractor’s electronic mail has the capability to send and receive attachments.

All contract reports and deliverables, including invoices, must be provided in electronic format with all linkages and interdependencies

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mailto:9-AWA-AAQ-NAVTACII@faa.gov

G.5 Ordering Procedures G.5.1 General Information All task orders under the NAVTAC II Contract must:

a. Be solicited and awarded by an authorized, warranted CO within the FAA ;

b. Be within the scope of Section C and all other terms and conditions of the NAVTAC II contract;

c. Identify the NAVTAC II Labor Categories that will perform the Task Order work;

d. Comply with the ordering procedures in AMS, Ordering, and other applicable agency specific regulatory supplements.

All costs associated with the preparation, presentation, and discussion of the Contractor’s proposal in response to a task order solicitation will be at the Contractor’s sole and exclusive expense. The Contractor must generally be given ten business days to respond to a Task Order Request for Proposal (TORFP). However, in emergency situations this time frame may be greatly reduced. The Task Order Proposal must include a response to all sections of the TORFP, as laid out in the TORFP instructions.

The contractor must identify a person and/or dedicated email address to receive Task Order Requests for Proposal. This person must be available during regular business hours and must designate a backup during periods of extended absence, of more than two business days in a row.

G.5.2 Task Ordering Procedures The following ordering guidelines must be followed when placing a Task Order against this IDIQ contract:

Performance under this contract must be subject to the following ordering procedures:

(a) All work to be performed under this contract must be within the scope of Section C and must not commence until authorized by the Contracting Officer via Task Order (TO). The contractor must incur costs only in the performance of TOs issued in accordance with these ordering procedures. No other costs are authorized under this contract without the express written consent of the Contracting Officer.

(b) During the period of performance of this contract, the Contracting Officer will request Task Plans (i.e. proposals) from the Contractor for efforts related to certain requirements. The request will include a due date for proposal submission, a SOW, PWS or SOO that describes the work to be accomplished; a listing of deliverables; any additional requirements as appropriate, such as travel requirements; and a cost proposal.

(c) The Contractor must submit a Contractor Task Plan within fourteen (14) calendar days of receipt of a request by the Contracting Officer. The Contracting Officer may allow for additional time to submit the Task Plan if requested by the Contractor. The Task Plan is the Contractor’s proposal to accomplish the FAA’s requirements. At a minimum, the Contractor’s Task Plan must include the following:

1. Contractor’s approach to accomplishing the FAA requirements;

2. Date of commencement of work, and any necessary revisions to earlier schedules of performance;

3. Estimated labor hours by applicable labor category to complete the effort;

4. Rationale for estimated labor hours, by applicable labor category; the rationale must include a basis of estimate for the proposed hours;

5. The travel and material costs needed to perform the task, including a rationale for each; the rationale must include a detailed justification for each proposed trip or other ODC proposed; and

6. The total estimated cost for completion of the work, broken out by labor, travel, and material costs.

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“This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

(d) The Contractor’s Task Plan is subject to the review and approval of the Contracting Officer. The Contracting Officer will issue a Task Order once the Contracting Officer approves an acceptable Task Plan.

(e) Task Orders will be issued by the Contracting Officer to cover specific work assignments within the scope of the contract. All TOs will contain the following information:

1. TO number;

2. FAA technical point of contact and phone number;

3. Period of performance;

4. Description of the work to be performed;

5. Ceiling price;

6. Estimated labor-hours by category;

7. Anticipated Travel and ODC requirements;

8. Start and completion dates, with major milestones;

9. Deliverables with required delivery dates;

10. Applicable security requirements; and

11. List of Government Furnished Property, Equipment, and Information (GFP, GFE, and GFI).

(f) Award – The TO CO must prepare the award in accordance with all Department acquisition regulations, including required reviews. The CO must forward all award documents, including Standard Form with Task Order number and value, and SOO/SOW/ to the NAVTAC II contractor email address identified, the NAVTAC II Contract CO/CS, and the NAVTAC II IDIQ Contract COR.

G.6 Contractor Accounting System For time-and-materials task orders, contractors must maintain an adequate accounting system to substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment and by:

(i) Individual daily job timekeeping records;

(ii) Records that verify the employees meet the qualifications for the labor categories specified in the contract; or

(iii) Other substantiation approved by the Contracting Officer.

The Contractor must present evidence of an adequate accounting system before award of a Time-and- Materials/Labor Hours Task Order to the IDIQ contract CO.

The Contractor must notify the CO in writing if there is any change in the status of its approved accounting system and provide the reason(s) for the change.

G.7 Unauthorized Work The Contractor is not authorized at any time to commence TO performance prior to issuance of a signed TO or other written approval provided by the TO CO to begin work.

G.8 Modification of Orders Established pricing for each TO may not be changed except when authorized by a modification to the TO.

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“This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

G.9 Preparation of Invoices G.9.1 General

(a) An Invoice must be prepared and submitted for payments under this contract, unless otherwise specified in the individual TO.

(b) Pursuant to the guidance of AMS T3.3.1 Contract Funding, Financing & Payment, responsibility for processing of invoices T&M, L-H, and CR for Travel TOs must be assigned to the cognizant offices identified in each TO.

(c)Per AMS, a Proper Invoice is the following:

(1) For FAA to make payment under a contract, a proper invoice must be submitted to FAA by the contractor. If the invoice does not meet the definition of a proper invoice per section (2) below, it must be rejected within seven (7) days of receipt.

(2) A proper invoice contains the following:

(a) Name and address of contractor;

(b) Invoice date;

(c) Contract number (to include applicable order numbers and Contract Line Item Numbers (CLINs);

(d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

(e) Shipping and payment terms, to include, when applicable:

(i) Shipment number and date of shipment,

(ii) Bill of lading number and weight (for government bills of lading), and

(iii) Prompt payment discount terms.

(f) Contractor or bank address where electronic payment is to be sent;

(g) Name, title, phone number, and mailing address of person to be notified of a defective invoice;

(h) Other information required by the contract (i.e. certified payrolls, evidence of shipment, etc);

and

(i) Invoice number, account number, and/or any other identifying umber agreed under the contract.

G.9.2 Billing Instructions

(a) The Contractor must submit invoices no more often than monthly unless otherwise authorized, in writing, by the Contracting Officer. All invoices for payment under this contract must include the following information:

1. The Contract Number;

2. The Invoice Number and Date prepared;

3. The Contractor’s name, mailing address, and telephone number;

4. Billing period covered by month, day, and year;

5. Dollar amount for the current billing period grouped and totaled by Task Order number and

CLIN number; the Contractor must itemize individual labor by name, CLIN, labor category, labor rate, hours, and total cost;

6. Cumulative dollar amount for the contract grouped and totaled by Task Order number and CLIN number; the Contractor must itemize labor by individual name, CLIN, labor category, labor rate, hours, and extended cost; additionally, when applicable, the invoice must break out dollar amounts by subtask and type of funding as obligated on the task order by the FAA, e.g.

F&E or Operations;

7. Supporting or backup documentation as follows:

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• Travel Expense Claims (Include receipts for lodging, rental car, airfare, and other expenses greater than $75);

• Receipts for all invoiced purchases and ODCs greater than $75; and

• Copies of the COR’s authorizations for each trip and ODC expense invoiced;

8. Certification and signature of an appropriate management official as follows:

“I certify that this invoice is correct and in accordance with the terms of the contract. I further certify that the costs included herein have been incurred, represent payments made by the Contractor, and properly reflect the work performed.

[Signature of official] [Date of signature] [Signer’s name typed or printed] [Signer’s title]”; and

9. Name and telephone number of the Contractor’s contact for resolution of questions.

(b) The Contractor must deliver its invoices, via email, to the following:

Alicia Upshaw, Mike Monroney Aeronautical Center (MMAC) Alicia.Upshaw@faa.gov Contracting Officer Email: TBD Contracting Officer’s Representative Email: TBD

Prior to travel or material costs being incurred, the Contractor must receive written approval from the Contracting Officer or COR.

The Contracting Officer will authorize payments in amounts determined to be allowable in accordance with AMS Guidance T3.3.2(A)(2).

G.9.3 Closeout Procedures Contract Closeout will be completed in accordance with AMS Guidance T.3.10 (Closeout).

G.10 Method of Payment

(a) Payments under this contract will be made by wire transfer through the Treasury Financial

Communications System.

(b) The Contractor must forward a complete ACH Vendor/Miscellaneous Payment Enrollment Form and the Delphi Vendor Entry Worksheet to TBD not later than seven days after receipt of notice of award.

(c) Any changes to the information furnished under paragraph (b) of this clause must be furnished in writing to TBD@faa.gov at least thirty (30) days before the effective date of the change. The Contractor must furnish the changes promptly to avoid payment to erroneous addresses or bank accounts.

(d) Upon completion, termination, or expiration of the contract, the Contractor must submit a final voucher clearly marked “FINAL.” The final voucher must contain an itemized accounting of total contract costs that includes

1. Certification that all contractual requirements have been satisfied and

2. Certification that all previous Contractor invoices have been paid.

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“This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

G.11 Travel All Contractor travel must be authorized in a Task Order and specifically approved by the Contracting Officer or COR in writing before commencing travel. The contractor will be reimbursed for travel expenses in accordance with the Federal Travel Regulation, and the following:

(a) The contractor must use alternate airports when available and within a reasonable commuting distance if it will result in lower costs;

(b) The contractor must conduct a cost analysis prior to the start of travel to determine the overall most cost-effective means and then use the most cost-effective means; and

(c) The Contractor must, when possible, use discount hotel rates, marked CRC in the Federal Travel

Directory, which the GSA publishes monthly.

Questions on travel must be addressed to the CO.

G.12 Other Direct Cost (ODC) Reimbursement

(a) Any ODC must be preapproved by the Contracting Officer or COR and is subject to the limits defined in the associated TO. If preapproved, the contractor will be reimbursed for allocable, allowable, and reasonable ODCs.

(b) The Contractor’s facility costs (including but not limited to office space, office equipment, utilities, office supplies, and office furniture) are not an allowable ODC expense.

(c) Cellular phone usage charges are not an allowable ODC expense unless required to perform time-critical duties and roles and preapproved by the Task Order Manager and either the Contracting Officer or COR.

(d) All ODC expenses must be consistent with the costs of comparable items or services.

(e) The Contractor must submit a copy of the Contracting Officer’s or COR’s authorization for the expense and a copy of the receipt when invoicing an ODC expense.

All materials required for performance under the TOs issued pursuant to this contract that are not Government-furnished, must be furnished by the Contractor. When requisitioning procedures reveal that required materials are not available from Government supply sources, the Contractor must identify them in each TO proposal. Ownership of supplies acquired by the Contractor with Government funds, for performance of this contract, must vest with the Government. The Contractor must include a detailed description of all proposed materials in individual TO proposals. Materials are defined in the clause at AMS 3.3.1-5 Payments under Time-and-Materials and Labor-Hour Contracts (May 2001).

G.13 Uncompensated Overtime The proposal shall include a description of the method that will be used by the contractor and each team member / subcontractor to record and bill for labor hours worked under the orders. The [insert Contractor name] proposed description of the method dated [insert date] is hereby incorporated into the contract and orders as proposed.

In the performance of T&M/LH task orders, the hours billed shall show the labor hours performed by the prime contractor and each team member separately. If the established accounting practices described in the contract are to record and bill a standard number of hours per week (e.g., 40 hours), the contractor will be permitted to bill only on the basis of a standard number of hours. If the established accounting practices described in the contract are to record and bill all hours worked by employees, including uncompensated overtime, the contractor will be permitted to bill all hours worked. If the contractor provides that its established accounting practices are to record and bill all hours worked but it is found after award that the contractor’s established accounting practices at the time of award were not based on recording all hours worked by employees, the Government shall be entitled to a price adjustment on all

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payments for labor hours under the T&M/LH orders. The amount of the price adjustment shall be the difference between the number of hours billed based on recording all hours worked and the hours that would have been billed using a standard number of hours (e.g., 40 hours).

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“This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”