DVT SIR - DRAFT Section E - Inspection and Acceptance - Clean.pdf

PART 1 – SECTION E – INSPECTION AND ACCEPTANCE

Screening Information Request (SIR) 693KA8-23-R-00001

E-1 | P a g e S e c t i o n E

“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 2019)

(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: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

AMS Clause Number Title and Date 3.10.4-1 Contractor Inspection Requirement (April 1996) 3.10.4-2 Inspection of Supplies- Fixed Price (November 1997) 3.10.4-3 Inspection of Supplies-Cost Reimbursement (April 1996) 3.10.4-4 Inspection of Services-Both Fixed-Price & Cost Reimbursement (April 1996) 3.10.4-5 Inspection- Time and Material and Labor-Hour (April 1996) 3.10.4-14 Assignment of a Quality Reliability Officer (QRO) (October 2015) 3.10.4-15 Certificate of Conformance (April 1996) 3.10.4-16 Responsibility for Supplies (April 1996)

E.2 AMS CLAUSES AND PROVISIONS IN FULL TEXT

Higher-Level Contract Quality Requirement (April 2020) (AMS 3.10.4-13)

(a) The Contractor must comply with the standard titled AS9100D, Quality Management Systems-Requirements for Aviation, Space, and Defense Organization, which is hereby incorporated into this contract.

(b) The Contractor must 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 must 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 AS9100 registration is not required. Formal third-party AS9100 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 applicable standards must control.

https://fast.faa.gov/contractclauses.cfm

E-2 | P a g e S e c t i o n E

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

(e) Government Furnished Property must 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 must be controlled in accordance with contract requirements.

(End of clause)

E.3 QUALITY CONTROL PROVISIONS

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

The Contractor must provide appropriate onsite office space and administrative support for the QRO and FAA supporting staff to perform all FAA evaluations and administrative functions.

The office area shall be secure to accommodate meetings of a sensitive nature. The Contractor must provide file cabinets and suitable desks, both with locking capabilities, and other office equipment, as required. A telephone must be provided to each desk along with internet connectivity capabilities. The Contractor must provide adequate parking spaces. If the site inspection location must be changed, all parties agree to cooperate to facilitate a smooth transition.

E.4 INSPECTION AND ACCEPTANCE

Inspection and acceptance of all work and services performed under each Delivery/Task Order will be in accordance with (IAW) the AMS clauses incorporated at Section E.1, Clauses Incorporated by Reference, as applicable.

Final acceptance of all deliverables and or services performed as specified under each Task Order will be made in writing, by the Delivery/Task Order Contracting Officer’s Representative (COR)/Task Order Representative (TOR), or as detailed in individual Delivery/Task Orders.

E.5 SCOPE OF INSPECTION

a) All deliverables will be inspected for content, completeness, accuracy, and conformance to

Task Order requirements by the Delivery/Task Order COR/TOR, or as detailed in individual Task Orders. Inspection may include validation of information or software through the use of automated tools and/or testing of the deliverables, as specified in the Task Order. The scope and nature of this testing must be negotiated prior to Task Order award and will be sufficiently comprehensive to ensure the completeness, quality, and adequacy of all deliverables.

b) The Government requires a period not to exceed thirty (30) calendar days after receipt of final deliverable items for inspection and acceptance/rejection, unless otherwise specified

E-3 | P a g e S e c t i o n E

“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.”

in the Task Order. For periods exceeding thirty (30) calendar days, it is the responsibility of the Contractor to confirm receipt and acceptance of the deliverable(s).

E.6 INSPECTION AT THE CONTRACTOR OR OTHER SUPPLIER FACILITIES

The FAA reserves the right to inspect equipment, test data, and/or test results under this Statement of Work (SOW) or Delivery/Task Order SOW prior to any delivery of systems on this Contract. This inspection will be to ensure that the Contractor’s test activities can support the requirements of this SOW or Delivery/Task Order SOW. The FAA agrees to abide by the rules and regulations at the Contractor’s facilities during inspection.

E.7 BASIS OF ACCEPTANCE

a) The basis for acceptance must be in compliance with the requirements set forth in the statement of work and the terms and conditions of the Indefinite Delivery, Indefinite Quantity (IDIQ) Contract or Delivery/Task Order, as applicable. Deliverable items rejected must be corrected IAW the direction found at the IDIQ Contract or Delivery/Task Order level.

b) Custom services and cost reimbursable items such as travel and Other Direct Costs

(ODCs) will be accepted upon receipt of proper documentation as specified in the Contract or Task Order. There will be no fee on cost reimbursable items. If custom services are provided as part of a Fixed Firm Price TO, acceptance will be as specified for the milestone with which they are associated. For custom services, the final acceptance of the software program will occur when all discrepancies, errors, or other deficiencies identified in writing by the Government have been resolved, through either documentation updates, program correction, or other mutually agreeable methods.

c) Reports, documents, and narrative type deliverables will be accepted when all discrepancies, errors, or other deficiencies identified in writing by the Government have been corrected.

d) Non-conforming products or services will be rejected. Unless otherwise agreed by the parties, the Contractor must correct deficiencies within fifteen (15) calendar days of the rejection notice. If the deficiencies cannot be corrected within fifteen (15) calendar days, the Contractor must immediately notify the IDIQ Contracting Officer (CO) or Task Order CO of the reason for the delay and provide a proposed corrective action plan within ten

(10) calendar days.

Acceptance Criteria: The following are the FAA quality guidelines for all DVT Support Services products and services:

1. Accuracy. Work products must be accurate in presentation, technical content, and adherence to accepted elements of style.

2. Clarity. Work products must be clear and concise; engineering terms must be used, as appropriate. All diagrams must be easy to understand and be relevant to the supporting narrative.

E-4 | P a g e S e c t i o n E

“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.”

3. Conformance to Requirements. All work products must satisfy the requirements of the Contract or Task Order.

4. File Editing. All text and diagrammatic files must be editable by the Government.

5. Format. Work products must be submitted in Microsoft format or other media defined at the IDIQ Contract or Delivery/Task Order level. The work product format may change from subtask to subtask. Hard copy formats must follow FAA Directives and must be consistent with similar efforts.

6. Timeliness. Work products must be submitted on or before the due date specified in the IDIQ Contract or Delivery/Task Order.

7. General. All work products must be presented in a legible format, written in a professional manner, and free of spelling, punctuation, and grammatical errors.

E.8 REVIEW OF DELIVERABLES AND RESUBMISSION

Unless otherwise stated within boxes 12 and 13 of a Contract Data Requirements List (CDRL), the Government will provide written acceptance, comments, and/or change requests, if any, within thirty (30) calendar days from receipt by the Government of the initial deliverable, or as specified in individual Delivery/Task Orders. For periods exceeding thirty (30) calendar days, it is the responsibility of the Contractor to confirm receipt and acceptance of the deliverable(s).

Upon receipt of the Government comments, the Contractor must have fifteen (15) calendar days to incorporate the Government’s comments and/or change requests and to resubmit the deliverable in its final form.

If the Government, within thirty (30) calendar days of submission or as specified in an individual Delivery/Task Order, does not issue comments and/or change requests in response to the Contractor’s resubmission, it is the responsibility of the Contractor to confirm receipt and acceptance/rejection of the final deliverable(s).

E.9 DEVIATIONS AND WAIVERS

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

E.10 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE

SPECIFICATIONS OR DESIGN CRITERIA

a) Definitions. As used in this clause

“Acceptance” means the act of an authorized representative of the Government by which the FAA assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the Contract.

“Defect” means any condition or characteristic in any supplies or services furnished by the Contractor under the Contract that is not in compliance with the requirements of the Contract.

E-5 | P a g e S e c t i o n E

“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.”

“Supplies” means the end items furnished by the Contractor and related services required under this Contract. Except when this Contract includes the clause entitled Warranty of Data, supplies also means “data.”

b) Contractor’s obligations.

The Contractor’s warranty under this clause must apply only to those defects discovered by either the FAA or the Contractor for a one-year period from the date of completion of antenna installation and commissioning at the site.

(1) If the Contractor becomes aware at any time before acceptance by the FAA (whether before or after tender to the FAA) that a defect exists in any supplies or services, the Contractor must:

(i) Promptly correct the defect; or

(ii) Promptly notify the CO and Program Manager, in writing, of the defect, using the same procedures prescribed in paragraph (b)(3) of this clause.

(2) If the CO determines that a defect exists in any of the supplies or services accepted by the FAA under this Contract, the CO must promptly notify the Contractor of the defect, in writing, within ninety (90) calendar days after the discovery of the defect.

Upon timely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor must submit to the CO, in writing, within forty-five (45) calendar days, a recommendation for corrective actions, together with supporting information in sufficient detail for the CO to determine what corrective action, if any, must be undertaken.

(3) The Contractor must also prepare and furnish to the CO data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this Contract) at no increase in the Contract price.

(4) In the event of timely notice of a decision not to correct or only to partially correct, the Contractor must submit a technical and cost proposal within forty-five (45) calendar days to amend the Contract to permit acceptance of the affected supplies or services IAW the revised requirement, and equitable reduction in the Contract price must promptly be negotiated by supplemental agreement to this Contract.

(5) Any supplies or parts thereof corrected or furnished in replacement and any services re-performed must also be subject to the conditions of this clause to the same extent as supplies or services initially accepted. The warranty, with respect to these supplies, parts, or services, must be equal in duration to that set forth in paragraph (b) of this clause, and must run from the date of delivery of the corrected or replaced supplies.

(6) The Contractor must not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the

E-6 | P a g e S e c t i o n E

“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.”

Contractor performs, or is obligated to perform, any modifications or other work on such property. In that event, the Contractor must be responsible for correction of defects that result from the modification or other work.

(7) If the FAA returns supplies to the Contractor for correction or replacement under this clause, the Contractor must be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this Contract (irrespective of the F.O.B point or the point of acceptance) to the Contractor’s plant and return to the place of delivery specified in this Contract. Contractor must also bear the responsibility for the supplies while in transit.

(8) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation under this Contract.

c) Remedies available to the FAA.

(1) The rights and remedies of the FAA provided in this clause:

(i) Must not be affected in any way by any terms or conditions of this Contract concerning the conclusiveness of inspection and acceptance; and

(ii) Are in addition to, and do not limit, any rights afforded to the FAA by any other clause of this Contract.

(2) Within 30 calendar days after receipt of the Contractor’s recommendations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, must give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at the FAA’s designated locations.

(3) In no event will the FAA be responsible for any extension or delays in the scheduled deliveries or periods of performance under this Contract as a result of the Contractor’s obligations to correct defects, nor must there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

(4) This clause must not be construed as obligating the FAA to increase the Contract price.

(5) The CO must give the Contractor a written notice specifying any failure or refusal of the Contractor to:

(i) Present a detailed recommendation for corrective action as required by paragraph

(b)(3) of this clause;

(ii) Correct defects as directed under paragraph (b)(4) of this clause; or

(iii) Prepare and furnish data and reports as required by paragraph (b)(5)

E-7 | P a g e S e c t i o n E

“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.”

(6) If the Contractor does not comply with the CO’s written notice in paragraph (c)(5) of this clause, the CO may by Contract or otherwise:

(i) Obtain detailed recommendations for corrective action and either (A) Correct the supplies or services; or (B) Replace the supplies or services. If the Contractor fails to furnish timely disposition instructions, the CO may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner, in which case, the FAA is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition and for excess costs incurred or to be incurred;

(ii) Obtain applicable data and reports; and

(iii) Charge the Contractor for the costs incurred by the FAA.

END OF SECTION E