Section E GEO 7.pdf

DTFAWA-17-R-00028

PART 1 - SECTION E

INSPECTION AND ACCEPTANCE

Page E- 1 Screening Information Request (SIR) Section E DTFAWA-17-R-00028 “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.”

E.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

(July 2011) (AMS 3.1-1) 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.

3.10.4-3 Inspection of Supplies-Cost Reimbursement 3.10.4-4 Inspection of Services-Both Fixed-Price & Cost Reimbursement (April 1996)

E.2 CLAUSES AND PROVISIONS in FULL TEXT

HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (April 2009) (AMS 3.10.4-13)

a) The Contractor shall comply with the standard titled ANSI/ISO/ASQ Q9001-2008 Quality Management Systems – Requirements, which is hereby incorporated into this contract.

b) The Contractor shall establish and maintain a Quality System in accordance with the above referenced standard(s) and the Contractor's Quality System Plan (QSP). This QSP is hereby incorporated into this Contract when approved by the Contracting Officer.

If the QSP is submitted as part of a response to a Screening Information Request (SIR) submission and approved before award, then the QSP is hereby incorporated into this Contract at time of award. The QSP shall describe the Contractor's provisions for quality assurance, inspection and test of all supplies to be provided under this Contract, in accordance with the terms of this Contract, including but not limited to the contract specifications and the above referenced standard. (Note: Formal third-party ISO9001 registration is not required. Formal third-party ISO9001 registration does not relieve the Contractor from the requirements of submitting a QSP.)

c) In the event of conflict between the Quality System Plan (QSP) and the above referenced standard(s), the QSP shall control.

d) Calibration systems and measuring and test equipment shall be controlled in accordance with a nationally recognized standard, such as ISO 10012.

e) Government Furnished Property shall be controlled to assure acceptability upon receipt, preclude degradation, damage or misuse during storage, use or test, and assure proper final disposition in accordance with the Contract.

f) Site installation activities, maintenance, and support services shall be controlled in accordance with the Contract.

http://conwrite.faa.gov/

Page E- 2 Screening Information Request (SIR) Section E DTFAWA-17-R-00028 “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

ASSIGNMENT OF QUALITY RELIABILITY OFFICER (QRO) (April 1996)

(AMS 3.10.4-14)

The following provisions are a part of this contract.

(a) The Government's Quality and Reliability Officer (QRO) assigned to this contract, and designated as such by the Government, has the authority to verify that the contractor's quality system complies with contract requirements, including the contractor's Quality System Plan (QSP) (if applicable), to witness tests, and to inspect and accept or reject supplies provided under this contract.

(b) Prior to shipment thereof, the Contractor shall submit to the QRO, for inspection and preliminary acceptance, all supplies which are subject to final Government inspection and acceptance at destination. Preliminary acceptance by the QRO constitutes verification by the Government that supplies comply with all contract requirements which are to be completed prior to shipment, including satisfactory completion of factory tests. Any supplies determined by the QRO to be nonconforming shall be corrected prior to shipment. All other supplies, except those specified to be accepted by the Contracting Officer, shall be submitted to the QRO for final inspection and acceptance prior to shipment. For all supplies subject to preliminary acceptance, final acceptance and passage of title to the Government shall occur at destination.

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

(d) The Contractor shall provide appropriate office space for the QRO and his/her staff for the performance of Government 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, typewriters and chairs, all in good repair, and other miscellaneous office equipment, as required, shall be supplied by the Contractor. The Contractor shall provide secretarial help, as required by the QRO, for typing documents related to the contract. A telephone shall be provided to each desk, with no less than one line per two QRO staff members. The cost of long distance calls placed by the QRO staff will be borne by the Government. The contractor shall provide parking space to the extent available. In the event a change in location of the QRO staff is required, Contractor/QRO coordination will take place in order to facilitate Government planning and implementation of a smooth transition.

(e) Notification of Readiness for Inspection. Unless otherwise specified in the contract, the contractor shall notify the designated resident QRO in writing within 2 workdays (7 workdays if there is not a resident FAA QRO) of the time:

(1) when contractor inspection or tests will be performed in accordance with the conditions of the contract and

Page E- 3 Screening Information Request (SIR) Section E DTFAWA-17-R-00028 “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

(2) when the supplies or services performed will be ready for government inspection.

(End of clause)

E.3 INSPECTION AT THE CONTRACTOR OR OTHER SUPPLIER

FACILITIES

The Federal Aviation Administration (FAA) reserves the right to inspect equipment, test data and/or test results under this Statement of Work (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.4 PHYSICAL CONFIGURATION AUDIT

At a time mutually agreeable to both FAA and the contractor, an FAA representative(s) will conduct a Physical Configuration Audit (PCA) at each pair of Geostationary Earth Orbit (GEO) Uplink Subsystem – Type 1 (GUST) sites. The Contractor must furnish the FAA representative(s) with unencumbered access to the GUST sites and reasonable support assistance to accomplish the PCA.

E.5 DEVIATIONS AND WAIVERS

The FAA Contracting Officer (CO) is the only Government official authorized to grant waivers or deviations under this Contract.

E.6 EXTENDED PHASE 1

Completion of Milestone 1A within Phase 1 SGS/RFU/GSP Integration is estimated to require 3 months, once IOT is complete. In the event that Milestone 1A completion exceeds 3 months due to any non-compliance with the technical requirements, a Contractor-Government technical team will be formed to conduct an investigation to diagnose the cause(s) of the non-compliance and agree on a corrective action plan. Any investigation(s) conducted by this team must not exceed an aggregate duration of 3 months. If Milestone 1A is not achieved within 3 months, the parties agree to the following:

a) If the problem is not shown to be an RFU/GSP deficiency, the Government will continue payments for CLIN(s) to be determined at the task order level. Phase 2 CLINs, as set forth in Section B, will be invoked once the corrective action(s) has been completed and Milestone 1A is complete. Upon completion of the corrective action(s) and acceptance pursuant to E.7 SERVICE ACCEPTANCE, CLIN(s) to be determined at the task order level will be reimbursed for the duration of the investigation in accordance with task order pricing APPLICATION OF PHASE 1 Satellite Lease CLIN -

DURATION EXCEEDING 3 MONTHS.

b) If the Contractor-Government technical team determines the problem to be a RFU/GSP deficiency, the Contractor must determine the root cause of the problem. The Contractor must return the RFU/GSP to compliance with the acceptance criteria for

Page E- 4 Screening Information Request (SIR) Section E DTFAWA-17-R-00028 “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.”

Milestone 1A using the FAA-approved baseline WAAS Shadow System. For the purposes of invoicing, the Contractor will submit payment request(s) against the Satellite Lease CLIN(s) to be determined at the task order level until Milestone 1A acceptance has occurred. After Milestone 1A acceptance has occurred, the Contractor will submit payment request(s) against Phase 2 CLIN(s) to be determined at the task order level.

Payment for the Integration, Test and Cutover Service Lease will be in accordance with APPLICATION OF PHASE 1 Satellite Lease CLIN to be determined at the task order level - DURATION EXCEEDING 3 MONTHS. Phase 1 will be extended by the duration of the delay caused by the RFU/GSP deficiency. Payments for Phase 2 CLINs as set forth in the task order level and will not begin until the RFU/GSP is compliant and accepted pursuant to E.8 SERVICE ACCEPTANCE.

c) Failure of the Government-Contractor technical team to either determine or agree on a cause will constitute a dispute to be handled by a mutually agreeable third-party neutral. The third-party neutral investigation must not exceed 3 months. To begin the process, costs associated with the third-party neutral will be paid by the Government.

However, if the Contractor is determined to be at fault, the Contractor must reimburse the Government for all third-party neutral costs. If the third-party neutral determines that both parties are at fault, the cost for the third party investigation must be shared equally between the Government and Contractor. The total cost for the third party investigation shall not exceed $500,000.

The third-party neutral’s written determination of fault will serve as the basis for reimbursement of costs for issues arising under this contract clause. If the RFU/GSP is determined compliant, costs will be reimbursed in accordance with paragraph a) above.

If the RFU/GSP is determined non-compliant, reimbursement will be treated in accordance with paragraph b) above.

d) Failure of the parties to reach resolution through the third-party neutral will be considered a dispute which must be resolved through AMS 3.9.1-1 Contract Disputes.

E.7 EXTENDED PHASE 2

Phase 2 WAAS Integration, Test and Cutover Support are estimated to require 12 months. In the event that Phase 2 completion exceeds 12 months due to any non-compliance with the technical requirements, a Contractor-Government technical team will be formed to conduct an investigation to diagnose the cause(s) of the non-compliance and agree on a corrective action plan. Any investigation(s) conducted by this team must not exceed an aggregate duration of 6 months. If Phase 2 is not achieved within 12 months, the parties agree to the following:

a) If the problem is not shown to be an RFU/GSP deficiency, the Government will continue payments for CLIN(s) to be determined at the task order level. The To Be Determined CLIN(s), as set forth in the task order, will be invoked once the corrective action(s) has been completed and Phase 2 is complete. Upon completion of the corrective action(s) and acceptance pursuant to E.7 SERVICE ACCEPTANCE, CLIN(s)

Page E- 5 Screening Information Request (SIR) Section E DTFAWA-17-R-00028 “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.”

to be determined at the task order level will be reimbursed for the duration of the investigation in accordance with the APPLICATION OF PHASE 2 CLINS -

DURATION EXCEEDING 12 MONTHS.

b) If the Contractor-Government technical team determines the problem to be a RFU/GSP deficiency, the Contractor must determine the root cause of the problem. The Contractor must return the RFU/GSP to compliance with the acceptance criteria for Milestone 1 using the FAA-approved baseline WAAS Shadow System. For the purposes of invoicing, the Contractor will submit payment request(s) against Phase 1 CLIN(s) to be determined at the task order level until Milestone 1 acceptance has occurred. After Milestone 1 acceptance has occurred, the Contractor will submit payment request(s) against Phase 2 CLINs. Payment for the Integration, Test and Cutover Service Lease (x201) will be in accordance with B.5 APPLICATION OF PHASE 2 CLINS - DURATION EXCEEDING 12 MONTHS. Phase 2 will be extended by the duration of the delay caused by the RFU/GSP deficiency. Payments for CLIN CLIN(s) to be determined at the task order level will not begin until the RFU/GSP is compliant and accepted pursuant to E.8 SERVICE ACCEPTANCE.

c) Failure of the Government-Contractor technical team to either determine or agree on a cause will constitute a dispute to be handled by a mutually agreeable third-party neutral. The third-party neutral investigation must not exceed 3 months. To begin the process, costs associated with the third-party neutral will be paid by the Government.

However, if the Contractor is determined to be at fault, the Contractor must reimburse the Government for all third-party neutral costs. If the third-party neutral determines that both parties are at fault, the cost for the third party investigation must be shared equally between the Government and Contractor. The total cost for the third party investigation shall not exceed $500,000.

The third-party neutral’s written determination of fault will serve as the basis for reimbursement of costs for issues arising under this contract clause. If the RFU/GSP is determined compliant, costs will be reimbursed in accordance with paragraph a) above.

If the RFU/GSP is determined non-compliant, reimbursement will be treated in accordance with paragraph b) above.

d) Failure of the parties to reach resolution through the third-party neutral will be considered a dispute which must be resolved through AMS 3.9.1-1 Contract Disputes.

E.8 SERVICE ACCEPTANCE

Acceptance of the WAAS L1 and L5 broadcast service is accomplished through successful completion of activities as defined below.

a) In accordance with SOW 3.3.1 GEO Satellite Payload, IOT acceptance will be based upon successful completion of IOT, successful resolution of FAA comments to the Contractor’s test summary and FAA written authorization to proceed with Milestone 1 testing.

Page E- 6 Screening Information Request (SIR) Section E DTFAWA-17-R-00028 “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.”

b) In accordance with the SOW 3.3.3.1 SGST/RFU/GSP Integration and Test (Milestone 1), Milestone 1 acceptance will include:

1. Conditional Acceptance via Form FAA 256, Acceptance/Inspection Report of Material and/or Services will be based on approval of the test summary showing compliance to the VRM.

2. Final Acceptance which will be based on approval of the Test Report for Milestone 1 completion.

c) In accordance with the SOW 3.4.2.1 WAAS Integration and Test (Milestone 2), Milestone 2 acceptance will be based upon successful completion of all Milestone 2 activities as validated through approval of the final Test Report.

d) In accordance with the SOW 3.4 Phase 2: WAAS Integration, Test & Cutover Support, Phase 2 acceptance will be based upon the successful cutover of the integrated SGST/RFU/GSP to the operational WAAS.

e) The FAA will acknowledge completion of Milestone 1, Milestone 2 and Phase 2 via writing from the Contracting Officer. In the event that the FAA does not agree with the completion of Milestone 1, Milestone 2 and/or Phase 2, the FAA will notify the Contractor in writing.

f) Following successful completion of Phase 2, the WAAS L1 and L5 broadcast service will be considered operational. The ten (10)-year service lease will then start with invocation of Phase 3.

END OF SECTION E

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