Updated_Final_RFP_Section_E_v1.docx

HSHQDC-15-R-00050

Section E

SECTION E—INSPECTION AND ACCEPTANCE

Section Table of Contents

E.1 Inspection and Acceptance Terms:

a. The Inspection and Acceptance Terms for this contract are provided in the table below:

b. For the Work-For-Others and Analytic Tasks Programs, the individual Task Order will identify the following information:

1. Location of the inspection and acceptance function

2. Name of the Government organization responsible for the conduct of the inspection and acceptance function

c. Inspection and Acceptance of the Technical, Financial, and Administrative Data will be performed in accordance with Exhibit A, Contract Data Requirements List (CDRLs), attached to Section J of this solicitation/contract (See Attachment 1 to Section J of this solicitation/contract).

E.2 Use of Performance Based Procedures in the Contract:

This Contract will be evaluated where possible using performance management techniques and insight of NBACC Contractor performance. The ability to make decisions based on experience and performance data analysis is the cornerstone of this type performance management. The use of NBACC Contractor developed metrics for the Quality Assurance Surveillance Plan (QASP), as well as, the Quality Control Plan, required by the Contract terms and conditions shall focus on desired outcomes and not interim process steps.

The development of interim process metrics are delegated to the NBACC Contractor who shall manage the processes and practices used to achieve Contract outcomes through the use of the NBACC Quality Control Plan. The usage of an outcome focus provides the NBACC Contractor with the flexibility to continuously improve and innovate over the course of the Contract as long as the critical outcomes expected are being achieved.

The NBACC Contractor shall have the ability and opportunity to negotiate the manner and methods of work to be used during performance to meet the quality and requirements standards of the Contract including any modification issued under the Contract.

The only exceptions to outcome focus process procedures will be those services and performance items required by law (local, state, and federal) and compelling business situations such as safety and security that the NBACC Contractor must follow. All objectives, as appropriate, will be incorporated into the NBACC Contractor’s Quality Control Plan. The NBACC Contractor shall furnish and otherwise accomplish all things necessary for or incident to the complete performance of the work as described throughout the Statement of Work and contract provisions.

E3. Contractor Quality Control (QC) Program and Plan:

The NBACC Contractor shall establish as an independent function, a quality program that encompasses all aspects of the Contract including changes and any added work requirements issued hereunder. The NBACC Contractor shall ensure the Government’s interests are protected through this clearly separate entity that is independent of NBACC Contractor site management as concerns the Contract Quality Control (QC) Program. The Quality Control Manager shall have sufficient, well-defined responsibility, authority and the organizational freedom to identify and evaluate quality problems and to initiate recommendations, and provide solutions. Personnel performing management functions shall also have distinct, well-defined duties and responsibilities within the quality program. The NBACC Contractor shall implement the quality program in accordance with the NBACC Contractor's Quality Control Plan. The Plan (in draft) shall be provided with the NBACC Contractor’s initial proposal. The NBACC Contractor's inspection instructions shall be documented and shall be available for review, on-line by the Government Management Team including but not limited to the DHS/S&T Contracting Officer’s Representative (DHS/S&T COR), Director DHS/S&T Office of National Laboratories (DHS/S&T ONL), and the DHS Contracting Officer throughout the life of the Contract. A NBACC Contractor Quality Control Plan change will be prepared for all appropriate in scope or “new work” Contract modifications. A copy of all Quality Control Plan modifications shall be provided to the COR and otherwise distributed as directed in the Contract deliverables.

The Quality Control Plan and inspection system shall satisfy the requirements in the Inspection Clauses and the Deliverables Summary of the Contract. It shall be designed to keep the Contractor's management informed of all issues affecting quality. The Quality Control records of inspections shall indicate the nature of the deficiencies found and the corrective action taken as appropriate. Records will be available to the COR on line and shall be maintained during the contract life.

E.4 Federal Acquisition Regulation (FAR) Clauses/Provisions:

a. Clauses Incorporated by Reference:

Cost Reimbursement

NOTE: The clause 52.246-5 shall be used when performing consulting services. The clause 52.246-8 shall be used when the primary objective of the task is the delivery of end items other than designs, drawings, or reports. The clause 52.246.9 shall be used in all other circumstances.

b. Clauses Incorporated in Full Text:

1. FAR 52.246-11—Higher-Level Contract Quality Requirements (Feb 1999)

The Contractor shall comply with the higher-level quality standard selected below:

Calibration of

Laboratories

E.5 Inspection and Acceptance:

a. Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by the DHS/S&T Contracting Officer’s Representative identified in Section G of this solicitation/contract.

b. For those Task Orders that are issued under the Work-For-Others (WFO) Program (Line Item 0006 and XX05 (identifier for the Option Line Items and the Award-Term incentive periods) and the Analytic Tasks Program (Item 0007 and XX06 (identifier for the Option Line Items and Award-Term incentive periods), there may be an assigned Contracting Officer’s Representative that is different from that of the basic contract. In those instances, the inspection and acceptance of the supplies or services to be furnished under that task order shall be performed by the identified COR in the Task Order. The COR identified in the Task Order shall provide the DHS Contracting Officer and the DHS/S&T Contracting Officer’s Representative with a copy of all deliverable acceptances for informational purposes.

c. The Government’s representative, identified in paragraph (a) of this clause, will be responsible for the inspection, review, and acceptance of the Contractor’s performance and the quality of the completed work performed under this contract.

d. The failure of any contractually required documentation to conform to any of the applicable requirements of this Contract will result in the rejection of the non-conforming document. Non-conforming documentation shall be re-examined after the correction of all discrepancies. In addition, the Contractor shall identify the deficiencies corrected and the action taken to prevent recurrence.

e. The inspection system that the Contractor is required to maintain, as provided in paragraph (b) of the clause entitled “Inspection of Services—Cost-Reimbursement (FAR 52.246-5)(Apr 1984)” or “Inspection of Research and Development—Cost-Reimbursement (FAR 52.246-8)(May 2001)” shall be in accordance with ISO 9001 in effect on the date of this contract unless otherwise specified.

f. The Contractor shall make his records of all inspection work available to the Government for a period of 180 days after completion of all contract work called for in this contract.

g. Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a Department of Defense (DD) Form 250. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.

E.6 Inspection and Acceptance of Technical Data and Information:

Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the Contract Data Requirements List (CDRL) (See Attachment 1 to Section J of this solicitation/contract) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second written endorsement acceptance by the PCO (or designated Contracting Officer’s Representative).

E.7 Additional Provisions Relating to Correction of Defects:

In case any Contract Work done or materials or supplies furnished by the Contractor under this Contract, shall within 60 days of delivery of the work to the Government, or the date of final acceptance, whichever occurs first, prove defective or deficient, such defects or deficiencies shall, as required by the Government, be corrected or repaired by the Contractor to the satisfaction of the Government’s Contracting Officer; provided, however, that with respect to any individual work item which is incomplete or deficient at the time of delivery or acceptance, the Contractor's obligation under this requirement to correct or repair such deficiency shall extend 60 days from the date of such correction or repair, whichever occurs first. The Contractor shall be entitled to allowable costs for corrections or repairs performed in accordance with this requirement but shall not be entitled to any additional fee for such Contract Work.

E.8 Material Inspection and Receiving Report:

a. At the time of delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent shown by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement (DFARS).

b. Two copies of the Department of Defense (DD) Form 250 shall be provided to the Government (DHS/S&T Contracting Officer’s Representative and DHS Contracting Officer identified in Section G of this contract).

c. For the Analytic Tasks Program and the Work-For-Others Program, the individual Work Order will identify whether a DD Form 250 requirement applies.

E.9 Quality Management System Requirements:

Quality Management System Requirements--the Contractor shall provide and maintain a quality management system that, as a minimum, adheres to the requirements of ANSI/ISO/ASQ 9001-2008 Quality Management Systems and supplemental requirements imposed by this contract. In addition, the Contractor shall provide and maintain a Safety, Health, and Environmental Management System (SHEMS). The SHEMs shall include environmental and safety management and conform to the latest editions of ISO 14001 and ANSI/AIHA/Z10, respectively. The quality management system procedures, planning, and all other documentation and data that comprise the quality management system shall be made available to the Government for review. Existing quality documents that meet the requirements of this contract may continue to be used. The Government may perform any necessary inspections, verifications, and evaluations to ascertain conformance to requirements and the adequacy of the implementing procedures. The Contractor shall require of subcontractors a quality management system achieving control of the quality of the services and/or supplies provided. The Government reserves the right to disapprove the quality management system or portions thereof when it fails to meet the contractual requirements.

E.10 Quality in Software Development and Production:

Quality in Software Development and Production--the contractor's software quality program shall be an integral part of the overall Quality Assurance Program. Software quality program controls shall be applicable to all project software that is developed, maintained, or modified within the following categories:

a. All deliverable software.

b. All deliverable software that is included as part of deliverable hardware or firmware.

c. Non deliverable software (commercially available or user-developed) used for development, fabrication, testing, or acceptance of deliverable software or hardware (includes automated fabrication, test, and inspection/acceptance equipment software and software design, test, and inspection tools).

d. Commercially available, reusable, or Government software designated as part of a deliverable item.

E.11 Cost of Quality Data:

Cost of Quality Data--the contractor shall maintain and use quality cost data as a management element of the quality program. The specific quality cost data to be maintained and used will be determined by the contractor. These data shall, on request, be identified and made available for "on site" review by the Government representative.

E.12 Use of Contractor’s Inspection Equipment:

Use of Contractor's Inspection Equipment--as applicable, the Contractor's gauges, and measuring and testing devices shall be made available for use by the Government when required to determine conformance with contract requirements. If conditions warrant, the contractor's personnel shall be made available for operations of such devices and for verification of their accuracy and condition.

E.13 Calibration System Requirements:

Calibration System Requirements—as applicable, the calibration of measuring and testing equipment shall, as a minimum, adhere to the requirements of ANSI/NCSL Z540-1.

E.14 Inspection and Test Records:

Inspection and Test Records—inspection and test records, as applicable, shall, as a minimum, indicate the nature of the observations, number of observations made, and the number and type of deficiencies found. Data included in inspection and test records shall be complete and accurate, and shall be used for trend analysis and to assess corrective action and effectiveness.

E.15 Inspection System Records:

The NBACC Contractor shall maintain records evidencing inspections in accordance with the inspection clauses of the NBACC Contract for three (3) years after delivery of all items and/or completion of services called for by the Contract.

E.16 Material Safety Data Sheet (MSDS):

a. The Contractor shall forward an electronic copy of the Material Safety Data Sheet (MSDS) required under Federal Acquisition Regulation 52.223-3, “Hazardous Material Identification and Material Safety Data” to the DHS/S&T Contracting Officer’s Representative identified in Section G of this contract.

b. For Task Orders that are issued under Work-For-Others (WFO) Program (Line Item 0006 and XX05 (identifier for Option and Award-Term incentive periods) and the Analytic Tasks Program (Item 0007 and XX06 (identifier for Option and Award-Term incentive periods), there may be a Contracting Officer’s Representative that is different from that of the basic contract. In those instances, the Contractor shall also provide a copy of the MSDS to the specific COR identified in the Task Order in additional to providing the required copies identified in the paragraph above.

c. One copy of the MSDS shall be enclosed with the shipping documents. If the shipment is received without an attached copy of the MSDS, the Government has the right to refuse receipt.

E.17 Constructive Acceptance Period:

For the purpose of FAR Clause 52.232-25, “Prompt Payment”, paragraph (a)(5)(i), Government acceptance shall be deemed to have occurred constructively on the 14th day after the contractor delivered the supplies or performed the services.

E.18 Accountability:

The NBACC FFRDC is responsible for the quality of its products and services. The NBACC Contractor is also responsible for assessing its operations, programs, projects and business systems, identifying deficiencies and implementing needed improvements in accordance with the Contract’s terms and conditions, regardless of whether the Government has evaluated the Contract’s performance obligations. Government COR and CO/ACO oversight and insight shall not be relied upon by the Contractor in assessing its performance.

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