OES SIR Sect G.pdf

693KA8-23-R-00004

PART I – THE SCHEDULE

SECTION G – CONTRACT ADMINISTRATION DATA

FOR

SCREENING INFORMATION REQUEST

Solicitation Number: 693KA8-23-R-00004

Ontario Engineering Services (OES)

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

TABLE OF CONTENTS

G-i

G.1 FAA ACQUISITION MANAGEMENT SYSTEM (AMS) CLAUSES

G.1.1 FAA AMS CLAUSES INCORPORATED BY REFERENCE

G.2 FAA CONTRACT ADMINISTRATION POINTS OF CONTACT

G.3 CONTRACTING OFFICER’S AUTHORITY

G.4 ORDERING PROCEDURES

G.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR) / ALTERNATE COR

RESPONSIBILITIES

G.6 CORRESPONDENCE PROCEDURES

G.7 G.7 TRAVEL REIMBURSEMENT

G.7.1 REIMBURSEMENT

G.7.2 PER DIEM

G.7.3 CONTRACTOR TRAVEL

G.8 PREPARATION, SUBMISSION, AND PROCESSING OF INVOICES

(CDRL-A018)

G.8.1 BILLING INSTRUCTIONS

G.9 RELEASE OF GOVERNMENT OBLIGATION

G.10 WORK AT RISK IS PROHIBITED

LIST OF TABLES

Table G-1: AMS Clauses Incorporated by Reference

Table G-2: FAA Points of Contact

Table G-1: OES Funding

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G.1 FAA ACQUISITION MANAGEMENT SYSTEM (AMS) CLAUSES

G.1.1 FAA AMS CLAUSES 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)

Table G-2: AMS Clauses Incorporated by Reference

Number Description Date

3.10.1-22 Contracting Officer’s Representative April 2012

G.2 FAA CONTRACT ADMINISTRATION POINTS OF CONTACT

The name and contact information of the FAA's Contracting Officer (CO), Contracting Officer’s Representative (COR), Alternate Contracting Officer’s Representative (ACOR), Property Management Administrator (PMA), and Quality Reliability Officer (QRO) are as follows:

Table G-3: FAA Points of Contact

Role Name Email Address Phone Number

Contract Specialist (CO) Austin W. Francis Austin.w.francis@faa.gov

Contract Specialist (CS) Maria Ashby Maria.j.ashby@faa.gov

Contracting Officer’s Representative (COR)

TBD at Contract Award

Alternate Contracting Officer’s Representative

(ACOR)

TBD at Contract Award

Property Management Administrator (PMA)

TBD at Contract Award

Quality Reliability Officer

(QRO)

TBD at Contract Award

G.3 CONTRACTING OFFICER’S AUTHORITY

The CO assigned to this contract is responsible 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 notwithstanding 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.

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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 were 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.

G.4 ORDERING PROCEDURES

Technical Support Services tasks will be ordered under T&M or FFP. Most task orders will be issued under T&M CLINs X002A. T&M task orders will include the work described in Section C. The T&M task orders will contain a Statement of Work (SOW) which will cover specific activities to be performed. These task orders will include CLIN X002A labor Level of Effort (LOE) and CLIN X002B Direct Charges. FFP Task Orders will either order 1) Items included in CLINs X001 (Fabricated Racks, Mod Kits, Site Kits, and Rack Subassemblies) or 2) specific requirements for special FAA projects to be completed under CLINs X003. The specific work to be completed under CLINs X003 will contain any of the efforts described in Section C.

In addition to the incorporated AMS ordering clauses, ordering procedures are as follows:

1. The Contractor must not begin any work on an order until a firm priced order is issued by the CO.

The order is considered issued on the date the FAA CO signs and distributes the order to the contractor. Priced CLINs in Section B, Supplies or Services and Prices/Cost, can be ordered unilaterally by the CO.

2. When the need for services arises, the CO will send a Request for Task Order Proposal (RFTOP) to the Contractor. The RFTOP will include:

A SOW that identifies the work to be performed, the period of performance, the place of performance, and any supplementary terms and conditions specific to the work to be performed;

Instructions for submission of the technical proposal, including the submission of any resumes; and

Instructions for submission of the price proposal.

3. Unless the RFTOP specifies a different timeframe, within fourteen (14) days of receipt of the RFTOP the Contractor must submit a Task Order Proposal that includes:

A narrative identifying any Organizational Conflicts of Interest (OCI) and potential OCIs or a certification that the Contractor is not aware of any OCIs or potential OCIs;

A technical proposal that complies with the RFTOP instructions, including the submission of resumes;

A price proposal that complies with the RFTOP instructions; and

Any other information requested in the RFTOP.

4. The FAA will evaluate Task Order proposals to ensure that the proposed:

Approach is technically feasible;

Approach represents an efficient solution to performing the work;

Personnel meet labor-category qualifications and possess the specific skills necessary to perform the work; and

Pricing is fair and reasonable.

Proposals that satisfy all of the bullets above will be deemed acceptable.

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5. If the Contractor’s proposal is not deemed acceptable the FAA may, at its sole discretion:

Request clarification, further information, or a revised proposal from the Contractor; or

Determine that the proposal is unacceptable and withdraw the RFTOP.

6. Upon receipt of an acceptable proposal, the FAA will issue a Task Order that includes the following:

TO number;

FAA points of contact, Task Order CO and Task Order COR;

Place and period of performance;

A description of the work to be performed and deliverables with required delivery dates;

Personnel-security and security requirements;

List of GFP/GFE/GFI;

ODCs and Travel Not-to-Exceed amount; and

Supplementary terms and conditions.

In addition to the above, o Firm-Fixed-Price Task Orders will also include an Invoicing Schedule;

o Time-and-Materials or Labor-Hour Task Orders will also include estimated labor hours and mix and a not-to-exceed labor ceiling; and o Hybrid Task Orders will also include an Invoicing Schedule, estimated labor hours and mix, and a labor ceiling, as applicable.

If any of these elements are not included in a Task Order, the Contractor must immediately notify the Contracting Officer sending the Task Order.

The Contractor is responsible for all costs associated with the preparation, presentation, and discussion of the Contractor’s proposal in response to a RFTOP.

G.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR) / ALTERNATE

COR RESPONSIBILITIES

The COR’s responsibilities are as follows:

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.

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.

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

G-4 completion of this contract. All requests for interpretation or modification must be made in writing to the Contracting Officer.

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.

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:

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);

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

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.

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:

Constitutes an assignment of additional work outside the SOW;

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

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

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:

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

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

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 (January 2020).

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.

G.6 CORRESPONDENCE PROCEDURES

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

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1. Technical correspondence of a routine nature must be addressed to the designated COR with an information copy of the correspondence to the CO listed in G.2 and, if applicable, a copy to the

ACOR.

2. Other considerations including technical correspondence involving technical issues and correspondence proposing or otherwise involving waivers, deviations, or modifications to the contract, must be addressed to the CO listed in G.2, with information copies to the COR and if applicable a copy to the ACOR.

3. All correspondence must include the contract number and a Task Order number (if applicable).

4. All correspondence regarding contract administration will be addressed in accordance with this subparagraph, unless otherwise changed by the CO.

G.7 G.7 TRAVEL REIMBURSEMENT

G.7.1 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 (October 2019), 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.

G.7.2 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.

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G.7.3 CONTRACTOR TRAVEL

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

G.8 PREPARATION, SUBMISSION, AND PROCESSING OF INVOICES

(CDRL-A018)

The Contractor must prepare and submit invoices IAW the AMS Clause 3.3.1-40 Electronic Submission of Payment Requests (April 2022) incorporated into Section I of this contract. The FAA anticipates the submission of invoices once per month. However, each Task Order will specify the frequency of invoice submissions. The Contractor must submit invoice details IAW CDRL-A018 along with every invoice.

G.8.1 BILLING INSTRUCTIONS

The Contractor must submit invoices monthly. The CO will authorize payments determined to be allowable IAW the following clauses:

AMS Clause 3.3.1-1 Payments (July 2018)

AMS Clause 3.3.1-5 Payments under Time-and-Materials and Labor Hour Contracts (October 2021)

The following funding table will be incorporated in each Task Order/Delivery Order (TO/DO) issued.

Table G-4: OES Funding

DO/TO DO/TO CLIN

PR

Number

PR Item Number

Accounting & Appropriation Data

Funded Amount

Total

G.9 RELEASE OF GOVERNMENT OBLIGATION

The Contractor, and each assignee under an assignment entered into under this contract/task order and in effect at the time of final payment under this contract/task order, must execute and deliver, at the time as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract and Task Order, subject only to the following exceptions:

Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement, by the Contractor.

Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract/task order, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the CO not more than 1 year after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

G.10 WORK AT RISK IS PROHIBITED

For purposes of this Section, “work at risk” is defined as work performed and/or costs incurred by the contractor, or any of the contractor’s personnel, team members, or subcontractors, that has not been

G-7 authorized in accordance with a properly issued and executed contract task order issued by the CO. The contractor must not work any personnel, team member, or subcontractor at risk. The Contractor must immediately notify the CO of all changes that cause or could be expected to cause a working at risk situation.

End of Section G