H-53E Att 02 Gov Relationships&Resp (2020-01-09).docx

N6264920R0003 Attachment (2) 09 January 2020

Attachment (2): Government Responsibilities and Relationships For H-53E Integrated Maintenance Plan (IMP) Planned Maintenance Interval Depot (PMID)

In order to expedite administration of the H-53E Integrated Maintenance Plan (IMP) Planned Maintenance Interval Depot (PMID) requirement, the following establishes delineation of duties by the Fleet Logistics Center Yokosuka (FLCY), Fleet Readiness Center Western Pacific (FRC WESTPAC), and Defense Contract Management Agency (DCMA). However, the initial point of contact for all questions, clarifications or information should be FRC WESTPAC. Other Government entities not included herein are not authorized to direct the contractor in any way.

1. Fleet Logistics Center Yokosuka (FLCY)

FLCY is the government contracting office and is responsible for the overall contract management. FLCY fills the roles of the Procurement Contracting Officer (PCO), Contract Specialist (CS), and Legal Counsel for the Government. FLCY assigns contract administration responsibilities to the regional DCMA office and program management responsibilities to FRC WESTPAC. FLCY is the only Government entity authorized to change the ID/IQC. However, FLCY personnel DO NOT have authority to change the overall requirements without coordination with and explicit concurrence from FRC WESTPAC.

FLCY retains and is responsible for the following administration functions:

42.302(a)(24)

Negotiate and execute contractual documents for settlement of partial and complete contract terminations for convenience, except as otherwise prescribed by Part 49.

42.302(a)(25)

Negotiate and execute contractual documents settling cancellation charges under multiyear contracts.

42.302(a)(30)(v)

When contractors request Government property—

(v) Modify contracts to reflect the addition of Government-furnished property and ensure appropriate consideration.

42.302(a)(51)

Consent to the placement of subcontracts.

42.302(b) (1)

Negotiate or negotiate and execute supplemental agreements incorporating contractor proposals resulting from change orders issued under the Changes clause. Before completing negotiations, coordinate any delivery schedule change with the contracting office.

(B) Follow the procedures at PGI 242.302(a)(13)(B) for designation of payment offices.

2. Fleet Readiness Center Western Pacific (FRC WESTPAC)

FRC WESTPAC is the government Program Management Office (PMO) and responsible for the overall requirements management. FRC WESTPAC fills the roles of Program Manager (PM), Comptroller, Program Management Technical Representative (PMTR), Contracting Officer Representative (COR), government logistics manager to include examiner and evaluator, government supply manager, government facilities manager, government engineering authority, government technical data authority and customer service liaison. FRC WESTPAC may provide Ground Government Flight Representative (GGFR) or Quality Assurance Specialist (QAS). In addition, FRC WESTPAC represents the USMC operational squadrons to include 1st MAW, Marine Aircraft Group 24 (MAG-24), Marine Aviation Logistics Squadron 24 (MALS 24), Marine Aircraft Group 36 (MAG-36), Marine Aviation Logistics Squadron 36 (MALS 36) and the end user squadrons for the purposes of this contract. FRC WESTPAC personnel DO NOT have authority to change the ID/IQC or Task Order (TO) and are NOT authorized to approve changes to the ID/IQC or TO.

FRC WESTPAC is delegated and is responsible for administering the following functions:

42.302(a)(27)

Perform property administration (see Part 45).

42.302(a)(28)

Perform necessary screening, redistribution, and disposal of contractor inventory.

42.302(a)(30)(i)-(iv)

When contractors request Government property—

(i) Evaluate the contractor’s requests for Government property and for changes to existing Government property and provide appropriate recommendations to the contracting officer;

(ii) Ensure required screening of Government property before acquisition by the contractor;

(iii) Evaluate the use of Government property on a non-interference basis in accordance with the clause at 52.245-9, Use and Charges;

(iv) Ensure payment by the contractor of any rental due

42.302(a)(31)

Perform production support, surveillance, and status reporting, including timely reporting of potential and actual slippages in contract delivery schedules.

42.302(a)(37)

Review and evaluate preservation, packaging and packing.

42.302(a)(38)

Ensure contractor compliance with contractual quality assurance requirements (see Part 46).

42.302(a)(39)

Ensure contractor compliance with contractual safety requirements.

42.302(a)(40)

Perform engineering surveillance to assess compliance with contractual terms for schedule, cost, and technical performance in the areas of design, development, and production.

42.302(a)(41)

Evaluate for adequacy and perform surveillance of contractor engineering efforts and management systems that relate to design, development, production, engineering changes, subcontractors, tests, management of engineering resources, reliability and maintainability, data control systems, configuration management, and independent research and development.

42.302(a)(42)

Review and evaluate for technical adequacy the contractor’s logistics support, maintenance, and modification programs.

42.302(a)(43)

Report to the contracting office any inadequacies noted in specifications.

42.302(a)(44)

Perform engineering analyses of contractor cost proposals.

42.302(a)(45)

Review and analyze contractor-proposed engineering and design studies and submit comments and recommendations to the contracting office, as required.

42.302(a)(46)

Review engineering change proposals for proper classification, and when required, for need, technical adequacy of design, producibility, and impact on quality, reliability, schedule, and cost; submit comments to the contracting office.

42.302(a)(48)

Evaluate and monitor the contractor’s procedures for complying with procedures regarding restrictive markings on data.

42.302(a)(49)

Monitor the contractor’s value engineering program.

42.302(a)(58)

Ensure timely submission of required reports.

42.302(b)(11)

Prepare evaluations of contractor performance in accordance with Subpart 42.15.

FRC WESTPAC personnel coordinate all Government support elements and funding to perform the work under this contract. In addition to the functions described above, FRC WESTPAC personnel will:

· Act as liaison to government aircraft custodians (program office, squadrons, etc.) for current and future induction plans;

· Coordinate with government supply to ensure requested parts are provided in a timely manner to mitigate work slowdowns or stoppages;

· Coordinate acquisition of special tooling and specialized government field team support;

· Assist in determining of work content in technical directives;

· Coordinate funding;

· Coordinate all required and requested technical data;

· Provide formal assessment of contractor performance using Contractor Performance Assessment Reporting System (CPARS);

· Represent the PCO and assist the ACO as needed;

· Maintain logs in Contracting Officer Representative Tracking (CORT) Tool or the latest required COR tool, when feasible.

· May provide GGFR support to include:

· Implementation of functions as described in DCMA INST 8210.1C_series, Contractor’s Ground & Flight Operations, with the exception of Chapter 4, Flight Operations and any other flight-related portions of the instruction to include approval of contractor crewmembers; and

· Ensuring Clause 252.228-7001 Ground & Flight Risk conditions are met, and informing the ACO and PCO should the contractor fail to meet the conditions of the Government’s self-insurance.

3. Defense Contract Management Agency (DCMA)

DCMA is the government contract administration office and is responsible for the day-to-day contract administration including issuance of Task Orders (TO). DCMA fills the roles of Administrative Contracting Officer (ACO), Quality Assurance (QA), Industrial Specialist (IS), Government Flight Representative (GFR), Government Ground Representative (GGR), property management, and safety officer. DCMA may provide Ground Government Flight Representative (GGFR) or Quality Assurance Specialist (QAS). DCMA personnel DO NOT have authority to change the ID/IQC, but are authorized to issue, change, and execute the TOs.

DCMA is delegated and is responsible for administering the following functions:

42.302(a)(2)

Review the contractor’s insurance plans.

42.302(a)(3)

Conduct post-award orientation conferences.

42.302(a)(4)

Review and evaluate contractors’ proposals under Subpart 15.4 and, when negotiation will be accomplished by the contracting officer, furnish comments and recommendations to that officer.

42.302(a)(10)

Attempt to resolve issues in controversy, using ADR procedures when appropriate (see Subpart 33.2); prepare findings of fact and issue decisions under the Disputes clause on matters in which the administrative contracting officer (ACO) has the authority to take definitive action.

42.302(a)(17)

Monitor the contractor’s financial condition and advise the contracting officer when it jeopardizes contract performance.

42.302(a)(19)

Issue tax exemption forms.

42.302(a)(20)

Ensure processing and execution of duty-free entry certificates.

42.302(a)(22)

Issue work requests under maintenance, overhaul, and modification contracts.

42.302(a)(23)

Negotiate prices and execute supplemental agreements for spare parts and other items selected through provisioning procedures when prescribed by agency acquisition regulations.

42.302(a)(26)

Process and execute novation and change of name agreements under Subpart 42.12.

42.302(a)(29)

Issue contract modifications requiring the contractor to provide packing, crating, and handling services on excess Government property. When the ACO determines it to be in the Government’s best interests, the services may be secured from a contractor other than the contractor in possession of the property.

42.302(a)(32)

Perform preaward surveys (see Subpart 9.1).

42.302(a)(34)

Monitor contractor industrial labor relations matters under the contract; apprise the contracting officer and, if designated by the agency, the cognizant labor relations advisor, of actual or potential labor disputes; and coordinate the removal of urgently required material from the strikebound contractor’s plant upon instruction from, and authorization of, the contracting officer.

42.302(a)(47)

Assist in evaluating and make recommendations for acceptance or rejection of waivers and deviations.

42.302(a)(57)

Assign and perform supporting contract administration.

42.302(a)(59)

Issue administrative changes, correcting errors or omissions in typing, contractor address, facility or activity code, remittance address, computations which do not require additional contract funds, and other such changes (see 43.101)

42.302(a)(63)

Cancel unilateral purchase orders when notified of nonacceptance by the contractor. The CAO shall notify the contracting officer when the purchase order is canceled.

42.302(a)(64)

Negotiate and execute one-time supplemental agreements providing for the extension of contract delivery schedules up to 90 days on contracts with an assigned Criticality Designator of C (see 42.1105). Notification that the contract delivery schedule is being extended shall be provided to the contracting office. Subsequent extensions on any individual contract shall be authorized only upon concurrence of the contracting office.

42.302(a)(65)

Accomplish administrative closeout procedures.

42.302(a)(66)

Determine the contractor has a drug-free workplace program and drug-free awareness program (see Subpart 23.5)

42.302(a)(67)

Support the program, product, and project offices regarding program reviews program status, program performance, and actual or anticipated program problems.

42.302(a)(68)

Monitor the contractor’s environmental practices for adverse impact on contract performance or contract cost, and for compliance with environmental requirements specified in the contract. ACO responsibilities include –

(i) Requesting environmental technical assistance, if needed;

(ii) Monitoring contractor compliance with specifications requiring the delivery or use of environmentally preferable products, energy efficient products, products containing recovered materials, and bio-based products. This must occur as part of the quality assurance procedures set forth in Part 46; and

(iii) As required in the contract, ensuring that the contractor complies with the reporting requirements relating to recovered material content utilized in contract performance (see Subpart 23.4)

42.302(a)(70)

De-obligate excess funds after final price determination.

42.302(a)(71)

Ensure the contractor has implemented the requirements of 52.203-13, Contractor Code of Business Ethics and Conduct.

42.302(b)(3)

Negotiate or negotiate and execute supplemental agreements changing contract delivery schedules.

42.302(b)(4)

Negotiate or negotiate and execute supplemental agreements providing for the de-obligation of unexpected dollar balances considered excess to known contract requirements.

42.302(b)(5)

Issue amended shipping instructions and, when necessary, negotiate and execute supplemental agreements incorporating contractor proposals resulting from these instructions.

42.302(b)(9)

Execute supplemental agreements on firm-fixed-price supply contracts to reduce required contract line item quantities and deobligate excess funds when notified by the contractor of an inconsequential delivery shortage, and it is determined that such action is in the best interests of the Government, notwithstanding the default provisions of the contract. Such action will be taken only upon the written request of the contractor and, in no event, shall the total downward contract price adjustment resulting from an inconsequential delivery shortage exceed $250.00 or 5 percent of the contract price, whichever is less.

42.302(b)(10)

Execute supplemental agreements to permit a change in place of inspection at origin specified in firm-fixed-price supply contracts awarded to non-manufacturers, as deemed necessary to protect the Government’s interests.

242.302(a)(12)

Also perform all payment administration in accordance with any applicable payment clauses.

242.302(a)(67)

Also support program offices and buying activities in precontractual efforts leading to a solicitation or award.

242.302(a)(S-73)

Maintain surveillance over contractor compliance with trafficking in persons requirements for all DoD contracts for services incorporating the clause at FAR 52.222-50, Combating Trafficking in Persons, and, when necessary, its Alternate I, as identified in the clause prescription at FAR 22.1705. (See PGI 222.1703.)

242.302(b)(S-70)

Issue, negotiate, and execute orders under basic ordering agreements for overhaul, maintenance, and repair.

The following functions are not normally required but are hereby assigned to DCMA should the need arise:

42.302(a)(1)

Review the contractor’s compensation structure.

42.302(a)(5)

Negotiate forward pricing rate agreements (see 15.407-3).

42.302(a)(6)

Negotiate advance agreements applicable to treatment of costs under contracts currently assigned for administration (see 31.109).

42.302(a)(7)

Determine the allowability of costs suspended or disapproved as required (see Subpart 42.8), direct the suspension or disapproval of costs when there is reason to believe they should be suspended or disapproved, and approve final vouchers.

42.302(a)(8)

Issue Notices of Intent to Disallow or not Recognize Costs (see Subpart 42.8).

42.302(a)(9)

Establish final indirect cost rates and billing rates for those contractors meeting the criteria for contracting officer determination in Subpart 42.7.

42.302(a)(11)

In connection with Cost Accounting Standards (see 30.601 and 48 CFR Chapter 99 (FAR Appendix))—

(i) Determine the adequacy of the contractor’s disclosure statements;

(ii) Determine whether disclosure statements are in compliance with Cost Accounting Standards and Part 31;

(iii) Determine the contractor’s compliance with Cost Accounting Standards and disclosure statements, if applicable; and

(iv) Negotiate price adjustments and execute supplemental agreements under the Cost Accounting Standards clauses at 52.230-2, 52.230-3, 52.230-4, 52.230-5, and 52.230-6.

42.302(a)(12)

Determine the adequacy of the contractor's accounting system. The contractor's accounting system should be adequate during the entire period of contract performance. The adequacy of the contractor's accounting system and its associated internal control system, as well as contractor compliance with the Cost Accounting Standards (CAS), affect the quality and validity of the contractor data upon which the Government must rely for its management oversight of the contractor and contract performance.

42.302(a)(14)

Make payments on assigned contracts when prescribed in agency acquisition regulations.

42.302(a)(15)

Manage special bank accounts.

42.302(a)(16)

Ensure timely notification by the contractor of any anticipated overrun or underrun of the estimated cost under cost-reimbursement contracts.

42.302(a)(18)

Analyze quarterly limitation on payments statements and take action in accordance with Subpart 32.6 to recover overpayments from the contractor.

42.302(a)(21)

For classified contracts, administer those portions of the applicable industrial security program delegated to the CAO (see Subpart 4.4).

42.302(a)(50)

Review, approve or disapprove, and maintain surveillance of the contractor’s purchasing system (see Part 44).

42.302(a)(52)

Review, evaluate, and approve plant or division-wide small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business master subcontracting plans.

42.302(a)(53)

Obtain the contractor's currently approved company- or division-wide plans for small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business subcontracting for its commercial products, or, if there is no currently approved plan, assist the contracting officer in evaluating the plans for those products.

42.302(a)(54)

Assist the contracting officer, upon request, in evaluating an offeror's proposed small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business subcontracting plans, including documentation of compliance with similar plans under prior contracts.

42.302(a)(55)

By periodic surveillance, ensure the contractor's compliance with small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business subcontracting plans and any labor surplus area contractual requirements; maintain documentation of the contractor's performance under and compliance with these plans and requirements; and provide advice and assistance to the firms involved, as appropriate.

42.302(a)(60)

Cause release of shipments from contractor’s plants according to the shipping instructions. When applicable, the order of assigned priority shall be followed; shipments within the same priority shall be determined by date of the instruction.

42.302(a)(61)

Obtain contractor proposals for any contract price adjustments resulting from amended shipping instructions. Review all amended shipping instructions on a periodic, consolidated basis to ensure that adjustments are timely made. Except when the ACO has settlement authority, the ACO shall forward the proposal to the contracting officer for contract modification. The ACO shall not delay shipments pending completion and formalization of negotiations of revised shipping instructions.

42.302(a)(62)

Negotiate and/or execute supplemental agreements, as required, making changes in packaging subcontractors or contract shipping points.

42.302(a)(69)

Administer commercial financing provisions and monitor contractor security to ensure its continued adequacy to cover outstanding payments, when on-site review is required.

42.302(b)(2)

Negotiate prices and execute priced exhibits for unpriced orders issued by the contracting officer under basic ordering agreements.

42.302(b)(6)

Negotiate changes to interim billing prices.

42.302(b)(7)

Negotiate and definitize adjustments to contract prices resulting from exercise of an economic price adjustment clause (see Subpart 16.2).

42.302(b)(8)

Issue change orders and negotiate and execute resulting supplemental agreements under contracts for ship construction, conversion, and repair.

42.302(a)(13)

Review and approve or disapprove the contractor’s requests for payments under the progress payments or performance-based payments clauses.

242.302(a)(7)

See 242.7502 for ACO responsibilities with regard to receipt of an audit report identifying significant accounting system or related internal control deficiencies.

242.302(a)(S-70)

Serve as the single point of contact for all Single Process Initiative (SPI) Management Council activities. The ACO shall negotiate and execute facility-wide class modifications and agreements for SPI processes, when authorized by the affected components.

242.302(a)(S-71)

DCMA has responsibility for reviewing earned value management system (EVMS) plans and for verifying initial and continuing contractor compliance with DoD EVMS criteria. The contracting officer shall not retain this function.

242.302(a)(S-74)

Approve or disapprove contractor business systems, as identified in the clause at 252.242-7005, Contractor Business Systems.

242.302(a)(S-75)

See PGI 242.302(a)(S-75) for guidelines for monitoring contractor costs.

4. Operational Fleet Personnel

The USMC and USN operational fleet personnel are the primary end users for the purposes of this contract. As such, they provide the operational insight to FRC WESTPAC and the Contractor. However, operational fleet personnel DO NOT have authority to change the ID/IQC or TO, are NOT authorized to approve changes to the IDIQ/C or TO, nor are they authorized to direct the Contractor in any way.