Attachment II to RFQ QASP.pdf

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN

CONTRACT NO. HQ0236-09-D-XXXX

The QASP is published separately and is not part of the contract. It is issued with the RFQ for informational purposes only. The QASP procedures can be changed unilaterally by the Government at any time. What cannot be changed without formal contract modification by the contracting officer is the Performance-based Matrix that contains the outcomes and associated standards to be surveilled. This matrix is found in the Task Order.

Team Members Coordination & Review:

Date:

Program Office

________________________________________ Date:

Program Office Contracting Officer’s Representative

Contracting Officer

Contractor (After Award)

Quality Assurance Surveillance Plan (QASP)

CAUTION!

The notion of “Authority” is key to the successful surveillance of this contract. Contract authority is restricted to the contracting officer (CO). However, the CO normally has minor day to day involvement in the contract. The contractor deals with the Contracting Officer's Representative (COR). A significant problem can occur if the Contractor alleges it acted by direction of the COR and the contract was constructively changed, that is informally changed.

The legal rule is that the Government is not bound by unauthorized acts of employees and the risk of dealing with unauthorized person falls on the contractor. However, the Government may be bound if the contractor can establish “implied authority,” i.e., the courts will decided if a reasonable person could assume that the Government employee had the authority to take action because it appears to be an integral part of duties assigned. To avoid implied authority problems, remember that the COR only has that actual authority contained in their letters of appointment.

The other area of concern is “imputed knowledge.” The CO is charged with knowledge that the COR has a duty to deliver to the CO. There is a legal principle that the nature of the relationship establishes a presumption that the authorized person will be informed. Examples: non-disclosure of information to the contractor vital to performance but not normally available to contractor, knowledge of additional work, potential claims, and differing interpretations of the contract.

Remember: Keep the CO informed of all significant contract activities.

1.0 Method of Surveillance

1.1. Typically, the Quality Assurance method of surveillance will be by periodic inspection and customer feedback. See the Class Visitation Report below.

1.2. Typically, the Contractor will be provided feedback on performance evaluations and the observations of Government personnel, as well as student evaluations and comments.

1.3. Quality Assurance performance objectives will be designated with each Task Order.

1.4. Failure to correct any adverse findings resulting from observations and feedback, or failure to deliver all services described in this contract, may result in non-acceptance of the services by the Government .

2.0 Roles and Responsibilities of the Acquisition Team

2.1 Contracting Officer.

2.1.1. The Contracting Officer has the overall responsibility for overseeing the Contractor’s performance.

2.1.2. The CO will be responsible for monitoring the contractor’s performance in the areas of contract compliance, contract management, and the resolution of all issues relative to the language of the contract.

2.1.3. Although the CO will have overall responsibility for overseeing the Contractor’s performance, The CO will delegate to the COR the responsibility for the day-to-day monitoring of the Contractor’s performance in the areas of contract compliance, contract administration, property control; and reviewing the COR’s and the customers’ assessments of the Contractor’s performance.

2.1.4. The CO has the sole authority to resolve all differences between the Government’s version and the Contractor’s version of the contract language. The COR has no authority to interpret contract language.

2.2 The Contracting Officer's Representative.

2.2.1 Verifies that the contractor fulfills the contract quality requirements.

2.2.2 Ensures that nonconformances are identified, and establishes the significance of a nonconformance when considering the acceptability of supplies or services which do not meet contract requirements.

2.2.3. Develops and applies efficient procedures for performing Government contract quality assurance actions under the contract in accordance with the written direction of the contracting office.

2.2.4. Performs all actions necessary to verify whether the supplies or services conform to contract quality requirements.

2.2.5. Maintains, as part of the performance records of the contract, suitable records reflecting—

2.2.6. The nature of Government contract quality assurance actions, including, when appropriate, the number of observations made and the number and type of defects; and

2.2.7. Decisions regarding the acceptability of the products, the processes, and the requirements, as well as action to correct defects.

2.2.8. Implements any specific written instructions from the CO.

2.2.9 Reports to the CO any defects observed in contract quality requirements.

2.2.10. Recommend any changes necessary to the contract, specifications, instructions, or other requirements that will provide more effective operations or eliminate unnecessary costs.

2.2.11. Has primary responsibility for signing off on all invoices and documenting the inspection and evaluation of the Contractor’s performance.

2.2.12. Works closely with the customer and the Contractor to ensure good communication and resolve any problems not requiring the CO’s authority.

2.3 The Contractor. The contractor is responsible for carrying out its obligations under the contract.

3.0 Standards: The contractor shall meet all standards in the Performance-based Matrix as well as all other deliverable dates and other contractual requirements.

For fixed price orders, the Government pays for results only. In this case, failure to meet a standard constitutes breach of contract. The Government is entitled to consideration from the Contractor for breach of contract for failure to meet contract requirements.

Failure to meet a standard is unexcusable unless the contractor can establish all of the following:

1. The non-performance or lateness is not the contractor’s fault;

2. The cause of the non-performance or lateness was not foreseeable;

3. It was beyond the contractor’s control to anticipate the cause of the non-performance or lateness by taking other actions such as arranging backup suppliers, departing earlier for the worksite, or having backup cleared employees on call.

3.1 All work shall be performed in accordance with the contract. The COR will not consider the services complete until all unacceptable performance has been corrected.

3.2 The COR will determine whether the failure was a minor non-conformance or a major non-conformance.

4.0 Contract Performance Evaluation

4.1 FAR 42.15 – Contractor Performance Information establishes the Government responsibility for recording and maintaining contractor performance information. This requirement does not apply to procedures used in determining incentive awards or other incentive systems, although the two systems should be mutually supporting.

4.2 FAR 42.1501 states: Past performance information is relevant information, for future source selection purposes, regarding a contractor's actions under previously awarded contracts. It includes, for example, the contractor's record of conforming to contract requirements and to standards of good workmanship; the contractor's record of forecasting and controlling costs; the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to patient satisfaction; and generally, the contractor's business-like concern for the interest of the patient.

4.3 The general procedures to be used are addressed in the following FAR section.

42.1503 Procedures.

(a) Agency procedures for the past performance evaluation system shall generally provide for input to the evaluations from the technical office, contracting office and, where appropriate, end users of the product or service.

(b) Agency evaluations of contractor performance prepared under this subpart shall be provided to the contractor as soon as practicable after completion of the evaluation. Contractors shall be given a minimum of 30 days to submit comments, rebutting statements, or additional information. Agencies shall provide for review at a level above the contracting officer to consider disagreements between the parties regarding the evaluation. The ultimate conclusion on the performance evaluation is a decision of the contracting agency. Copies of the evaluation, contractor response, and review comments, if any, shall be retained as part of the evaluation. These evaluations may be used to support future award decisions, and should therefore be marked “Source Selection Information.”

4.4. The Government will use the standard Contractor Performance Assessment Report (CPAR) is use at the time of the assessment.

Class Visitation Report

EFL/GFL Department

Instructor: Class: Date Observed:

1. Classroom Management:

a. Recognizes student needs, responds effectively

b. Ensures participation by all students

c. Monitors/manages student participation in pair/group work

d. Establishes a pace that is brisk, yet does not overwhelm “weaker” students.

2. Instructor-Student Interaction:

a. Establishes a comfortable learning environment

b. Motivates the students to communicate

c. Insists that students use TL

d. Students speak more than the instructor

e. Answers questions and gives explanations in a clear, concise way

f. Establishes rapport with students

3. Structuring:

a. Lesson/activity goals and objective are clearly communicated to students

b. There is a clear relationship between different activities within the lesson

c. There are pre-reading/pre-listening activities when dealing with authentic materials

d. Number/duration/type of activities is consistent with the proficiency level and course objectives

e. Activities are sequenced appropriately

4. Activities:

a. Tasks are meaningful and challenging

b. Tasks reflect course objectives

c. Tasks are adjusted to fit each student’s proficiency level

d. Tasks are appropriate for the students’ age and background

e. Tasks are varied to maintain student interest/motivation

5. Teaching Resources:

a. Instructor was prepared

b. Resources used were of high quality

c. Resources were relevant to the lesson/task

d. Resources consisted of current, authentic materials

6. Error Correction/Feedback:

a. Error correction is consistent without being intrusive

b. Feedback is positive