NEXV3 SIR Sect G.docx

693KA8-23-R-00005

Page G-1

PART I – SECTION G

CONTRACT ADMINISTRATION DATA

TABLE OF CONTENTS

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

3.1-1 Clauses and Provisions Incorporated by Reference (July 2019) 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)

CONTRACT ADMINISTRATION POINTS OF CONTACT

Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Telephone (Office): 202-267-1016 Email: alessha.m.mason@faa.gov

Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Telephone (Office): 202-267-6311 Email: shaun.miles@faa.gov

Federal Aviation Administration 800 Independence Avenue SW; Rm 509 Washington, DC 20591 Telephone (Office): 202-267-0497 Telephone (Cell): 703-867-4688 Email: Adam.Gayzik@faa.gov

Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Telephone (Office): TBD Telephone (Cell): TBD Email: first.last@faa.gov

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the CO is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the CO is the only person authorized to approve changes to any of the requirements under this contract, and not withstanding any provision contained elsewhere in this contract, the said authority remains solely with the CO.

The Contractor must immediately notify the CO for clarification when a question arises regarding the authority of any person to act for the CO under the contract or when the Contractor receives direction that appears outside contract scope.

The Contractor must contact the CO immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. Costs incurred that are not authorized by the CO and work outside the scope of the contract must be considered unallowable costs and will not be reimbursed by the Government.

CONTRACTING OFFICER’S REPRESENTATIVE (COR) / Alternate COR Responsibilities

a) The COR, and in the absence of the COR, the ACOR acts as the single point of contact within the FAA for all matters related to the technical and management aspects of the overall contract and Order. The COR and ACOR are responsible for the technical administration of the contract, technical liaison with the Contractor, final inspection and acceptance of all deliverables, and should be contacted regarding questions or problems of a technical nature.

b) If at any time during the performance of this contract or any Order, should administrative problems arise which will have an adverse impact on timely performance by the Contractor or affect the contract price, the Contractor must immediately notify the Contracting Officer to obtain official confirmation and refrain from acting on such advice or comments until confirmed by the Contracting Officer.

c) In no event, however, will any understanding or agreements, modification, change Order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. All requests for interpretation or modification must be made in writing to the Contracting Officer.

d) Neither the COR nor ACOR is authorized to change the scope of work or specifications in the contract, make any commitments, or otherwise obligate the Government or authorize any changes that affect the contract price, terms and conditions of the contract, and delivery schedule, or contract period of performance.

e) Performance of the work under this contract must be subject to the technical direction of the COR or ACOR. The term “technical direction” is defined to include, without limitation, the following:

1. Directions to the Contractor that redirect the contract effort, shift work, emphasis between work areas or tasks, required pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual Statement of Work (SOW);

2. Provision of written information to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of the work description; and

3. Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.

f) Technical direction must be issued in writing by the COR or ACOR and must be within Scope of Work. The COR / ACOR do not have authority to and may not issue any technical direction which:

1. Constitutes an assignment of additional work outside the SOW;

2. Changes any of the expressed terms, conditions, or specifications of the contract; or

3. Interferes with the Contractor’s right to perform the terms and conditions of the contract.

g) The Contractor must proceed promptly with the performance of technical directions duly issued by the COR or ACOR in the manner prescribed by this clause and within his authority under the provisions of this clause. If in the opinion of the Contractor, any instruction or direction by the COR or ACOR falls within the categories defined in a-f above, the Contractor must not proceed but must notify the Contracting Officer in writing within three (3) workdays after receipt of any such instruction or direction to request the Contracting Officer to modify the Contract accordingly. Upon receipt of the notification from the Contractor, the Contracting Officer will:

1. Advise the Contractor in writing, within five (5) calendar days after receipt of the Contractor’s letter, that the technical direction is within the scope of the contract effort and does not constitute a change to the contract; or

2. Advise the Contractor, within a reasonable length of time, that the Government will issue a written change order.

h) A failure of the Contractor and Contracting Officer to agree that the technical direction is within the scope of the contract or a failure to agree upon the contract action to be taken with respect thereto must be subject to the provisions of AMS 3.9.1-1, Contract Disputes.

i) The COR or ACOR are changeable by the Government at any time. The Contracting Officer will promptly provide the Contractor such notification of the change in writing, including the name and address of the successor COR / ACOR.

CORRESPONDENCE PROCEDURES

To promote timely and effective contract administration, correspondence submitted under this contract (except invoices and deliverable items) is subject to the following procedures:

a) Technical correspondence of a routine nature must be addressed to the designated COR with an information copy of the correspondence to the CO and CS listed in section G.2.

b) Other correspondence involving technical issues and correspondence regarding waivers, deviations or modifications to the contract, must be addressed to the CO and CS listed in section G.2, with information copies to the COR.

c) All correspondence must include the contract number and a Delivery/Task Order number (if applicable). Citations of relevant or affected areas of the contract must be provided, as applicable.

ELECTRONIC COMMUNICATIONS

The Contractor must assure an electronic means for communicating with FAA personnel. The Contractor must ensure that the communications are compatible with the FAA’s electronic mail system, which is currently Microsoft Outlook. The Contractor must also ensure that the Contractor’s electronic mail has the capability to receive and retrieve attachments.

All contract reports and deliverables, including invoices, must be made in electronic format with all linkages and interdependencies readily traceable.

ELECTRONIC PAYMENTS REQUESTS - INVOICES

The Contractor must submit all invoices using the Department of Transportation’s (DOT’s) Delphi eInvoicing system pursuant to Section I AMS clause 3.3.1-40, Electronic Submission of Payment Requests (April 2022).

ORDERING

GENERAL

The number of orders that may be issued is not limited, provided the total combined value of all orders does not exceed the contract ceiling.

ORDERING PROCEDURES

The CO will issue a delivery order or task order using Section B priced CLINs. In scope effort, within the contract ceiling, where Section B CLIN-pricing does not exist, is subject to negotiation between the parties. Supplies and/or Services will be ordered under this contract as described in the following subsections.

Supplies via Delivery Orders

a) The CO will issue delivery orders on Fixed Price CLINs unless otherwise specified.

b) The performance of delivery orders is subject to the following:

· They are effective as of the date specified on the order;

· The Contractor must notify the CO, CS and the COR if it determines that the ordered work cannot be made within the required completion date;

· They may be either incrementally funded or fully funded; and

· They will have a specific period of performance (PoP) stated by the CO.

Time and Material (T&M) Task Orders

a) The CO will issue task orders using Time and Material for labor and material. Travel and other ODCs will be at actual cost.

b) The performance of task orders is subject to the following:

· They are effective as of the date specified on the order;

· The Contractor must notify the CO, CS and the COR if it determines that the task ordered work cannot be accomplished within the required completion date;

· They may be either incrementally funded or fully funded; and

· Each task order will have a distinct period of performance and a not-to-exceed amount that will be recoverable in performance of the Order.

c) Government issued Task Orders will contain the following information as applicable:

· Task Order number

· Reference to paragraph(s) in Section C (Contract SOW), as applicable;

· Detailed Statement of Work (SOW) that describes the work to be accomplished;

· Travel or ODCs as required;

· Period of Performance (PoP);

· Request for pricing;

· Acceptance criteria;

· Assumptions upon which the Contractor’s proposal should be based;

· Deliverables, their requirements, and their due date and;

· Proposal due date.

d) While dependent on the scope of the effort, proposals will generally be due within 5-14 calendar days after requested by the CO. If requested by the Contractor the CO may allow additional time to submit the proposal.

e) Only the CO can request a Task Order Proposal from the Contractor. Task Order proposals may include the following and any other information requested by the CO:

· A description of the technical approach to performing the Task Order’s SOW;

· The planned date for the commencement of work and any proposed revisions to the Government’s original schedule of performance;

· A basis of estimate for the proposed price that includes: identification of the proposed labor categories, the rationale for the labor categories proposed, the proposed number of hours per labor category, and the applicable labor rates for each labor category based on the PoP;

· A resume for each proposed Key Personnel (if not previously approved for the labor category proposed) that demonstrates the proposed personnel’s experience and qualifications that meet the minimum requirements for that labor category as specified in Attachment J03, Position Description and Qualification. All resumes must be approved by the COR and/or CO;

· Any assumptions influencing the proposed technical approach and proposed price;

· The travel and material costs needed to perform the task including a detailed justification for each proposed trip or ODC; and

· The total estimated cost for completion of the work, broken out by labor, travel, material and ODCs, and any other elements of cost.

The Contractor’s proposal is subject to review, negotiation, and approval by the CO and may result in the issuance of an Order by the CO.

BILLING INSTRUCTIONS AND CONTRACT FUNDING

Billing Instruction In order to receive payment and in accordance with prompt payment standards, the Contractor must submit a proper invoice for payment for accepted equipment, services and data in accordance with AMS clause 3.3.1-40 Electronic Submission of Payment Requests (April 2022). See Section I. In addition, invoices must also be sent via email to the distribution below.

A proper invoice contains the following:

a) Invoice number and invoice date;

b) Name and address of Contractor;

c) Contract number (to include applicable Delivery or Task Order number(s) and Contract Line Item Numbers (CLINs);

d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

e) Contractor or bank address where electronic payment is to be sent;

f) Name, title, phone number, mailing address, and email address (if available) of person to be contacted in the event of a defective invoice;

g) Billing period covered, identified by month, day and year;

h) Supporting documentation or backup documentation as follows:

1. FAA Form 4500-1 (for supplies [i.e., hardware/equipment shipments]);

2. An FAA QRO signed FAA Form 256, Inspection Report for Material and/or Services (Acceptance for supplies)

3. Detail for all travel, by person, with vouchers included for lodging, rental car, airfare, and other expenses greater than $75;

4. Receipts for invoiced material/equipment and ODCs; and

5. Copies of the COR’s authorization for each trip and ODC expense invoiced.

i) Certification and signature of an appropriate management official as follows:

I certify that this invoice is correct and in accordance with the terms of the contract.

I further certify that the cost included herein have been incurred, represent payments made by the Contractor, and properly reflect the work performed.

[Signature of official] [Date of signature] [Signer’s name typed or printed] [Signer’s title] The Contractor must submit invoices no more than once per month unless otherwise authorized by the CO.

The CO will authorize payments in amounts determined to be allowable in accordance with AMS Guidance T3.3.2 Contract Cost Principles.

Payment is subject to review, approval and certification by the CO. In the event of questioned costs, the CO may withhold any or all invoice amounts until the Contractor provides all required data to the satisfaction of the CO. Payment will be made in accordance with FAA AMS Clause 3.3.1-34 Payment by Electronic Funds Transfer- System for Award Management.

Compliance with these instructions will reduce correspondence and other causes for delay to a minimum and will thus promote prompt payments to the Contractor.

Upon completion, termination, or expiration of the contract, the Contractor must submit a final voucher clearly marked “FINAL.” The final voucher must contain an itemized accounting of total contract costs that includes certification that all contractual requirements have been satisfied and certification that all previous Contractor vouchers have been paid.

Contract Funding The following funds are hereby made available and represent the maximum liability of the Government.

The following funding table will be incorporated in each DO issued.

TOTAL

TRAVEL REIMBURSEMENT

Reimbursement The Contractor will only be reimbursed for travel expenses that are allocable, allowable, and reasonable. All Contractor travel must be identified in an approved TO. Except as otherwise provided herein, the Contractor must be reimbursed for travel on the basis of actual expenses incurred subject to the FAA Contract Cost Principles and AMS Clause 3.3.2-1, FAA Cost Principles, and subject to the following:

· All travel, whether it is within the continental United States or outside the continental United States, must be accomplished by commercial carrier, rail, privately-owned automobile or auto rental, and the cost paid by the Contractor. The Government will reimburse the Contractor in accordance with the FAA Contract Cost Principles for domestic transportation.

· Reimbursable travel includes only that travel (commercial carrier, or private automobile or auto rental) performed from the Contractor’s facilities to the site of work, between worksites, and from the site of work to the Contractor’s facilities. Travel within a Government installation where Government transportation is available, and travel performed for personal convenience, including daily travel to and from work, will not be reimbursed.

· Relocation costs and travel costs incidental to relocation must be approved in advance by the FAA CO in order to be reimbursable under this contract.

· The Contractor must use alternate airports where available and within a reasonable commuting distance if it will result in lower costs.

· The Contractor must conduct a cost analysis prior to the start of travel to determine the overall most cost effective means of transportation.

Per Diem The Contractor will be reimbursed for the expense of meals, lodging, transportation between places of lodging or business and places where meals are taken, and any other miscellaneous travel and living expenses incurred in the performance of this contract at the per diem rate as set forth in the FAA Contract Cost Principles. Per Diem must be payable only when the Contractor’s employee is in an authorized travel status. The per diem rate must be established in accordance with the FAA Contract Cost Principles. Receipts are required for all Per Diem Expenses exceeding $75.00. If the Contractor can demonstrate to the FAA CO that copies of receipts can be made available upon request, the CO may waive the requirement to submit receipts over $75.

Contractor Travel To the maximum extent practicable, and consistent with travel requirements, the Contractor must use the most economical transportation rates available.

CONTRACTORS REMITTANCE ADDRESS

IAW Section I AMS clause 3.3.1-34 Payment by Electronic Funds Transfer - System for Award Management, the Contractor must enter the data below:

(To be Completed by Contractor)

· Electronic payment sent to;

· Bank Information;

· Title on Bank Account;

· EFT Information;

· Routing/ABA Number;

· Bank Account Number;

· Bank Contact; and

· Contractor Contact

SUBCONTRACTING PLAN REPORTS

IAW Section I AMS clause 3.6.1-4 “Small Business Subcontracting Plan (October 2022)” the Contractor must enter the information for the Subcontracting Report For Individual Contracts (formerly the Standard Form 294 (SF 294)) and the Summary Subcontract Report (formerly the Standard Form 295 (SF-295)) into the Electronic Subcontracting Reporting System (ESRS) at www.esrs.gov.

The Contractor must ensure this requirement is part of all subcontracts that meet AMS 3.6.1-4. The Contractor must notify the Contracting Officer and the FAA Office of Small and Disadvantaged Business Utilization (OSDBU) at when the report is submitted:

Allen Bresley, Manager (FAA) allen.bresley@faa.gov Lakisha Davis, (FAA) lakisha.davis@faa.gov Jeri Bird, (FAA) jeri.bird@faa.gov Lelanie Rivera, (FAA) lelanie.rivera@faa.gov