FCSA RFP Sec G_sb.pdf

QTA-010-CTA-0010

SECTION G

CONTRACT ADMINISTRATION

G.1 AUTHORIZED USERS

Only authorized users may place orders under the Basic Contract. In order to qualify as an authorized user, a duly warranted Contracting Officer (as that term is defined in FAR Subpart 2.1) in good standing must have an appropriate signed delegation of authority from GSA. For purposes of this Basic Contract, these authorized users are identified as Ordering Contracting Officers (OCOs).

This Basic Contract is for use by all Federal agencies, authorized Federal Contractors, and others as listed in General Services Administration (GSA) Order ADM 4800.2F, ELIGIBILITY TO USE GSA SOURCES OF SUPPLY AND SERVICES, September 17, 2009, as modified from time to time.

G.2 ROLES AND RESPONSIBILITIES

This section describes the roles and responsibilities of Government personnel after Basic Contract award. The Government may modify the roles and responsibilities at any time during the period of performance of the Basic Contract.

G.2.1 GSA Program Manager The Government has appointed a Program Manager, who shall perform various programmatic functions for the overall success of the FCSA program. The Program Manager has no actual, apparent or implied authority to bind the Government for any acts or omissions.

G.2.2 Procuring Contracting Officer (PCO) The GSA PCO is the sole and exclusive Government Official with actual authority to award the Basic Contract. After award of the Basic Contract, the GSA PCO may delegate any or all of the contract administration functions described in FAR Section 42.302.

G.2.3 Ordering Contracting Officer (OCO) As described in Section G.1, only an authorized user, who is a delegated OCO, may place and administer an Order under the Basic Contract. For each Order, a Statement of Work (SOW) or Performance Work Statement (PWS) must be submitted to the GSA PCO for a scope determination according to Section G.3.1. Upon request, the OCO for any specific Order may provide a copy of the applicable delegation of authority.

The OCO for each Order is the sole and exclusive Government Official with actual authority to take actions which may bind the Government for that Order. Contractors

G-1 shall ensure that an OCO has the required delegation by requesting a copy of the OCO delegation prior to award of an Order if the Contractor does not have a copy of the OCO delegation.

G.2.4 Contracting Officer’s Representative (COR) and Contracting Officer’s Technical Representative (COTR) The OCO for each Order may designate a Contracting Officer’s Representative (COR) or Contracting Officer’s Technical Representative (COTR) to provide certain assistance to the OCO for that Order. The specific rights and responsibilities of the COR or COTR for each Order shall be described in writing, which upon request shall be provided to the Contractor. A COR/COTR has no actual, apparent or implied authority to bind the Government.

G.2.5 Ombudsman Pursuant to FAR Section 16.505 (a)(9)(i) no protest is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except for (A) a protest on the grounds that the order increases the scope, period of performance, or maximum value of the contract; or (B) a protest of an order valued in excess of $10 million. Note: this authority to protest expires on May 27, 2011.

GSA has appointed an Ombudsman to review complaints from Contractors and ensure they are afforded a fair opportunity to be considered. The Ombudsman is a senior GSA official who is independent of the GSA PCO or OCO.

The Ombudsman is:

Task and Delivery Order Ombudsman Office of the Chief Acquisition Officer U.S. General Services Administration 1800 F Street, N.W.

Washington, DC 20405

G.3 ORDERING PROCEDURES

Ordering procedures must comply with the following:

(a) FAR Section 16.505;

(b) Orders are not exempt from the development of acquisition plans (see FAR

Subpart 7.1), and an information technology acquisition strategy; (see FAR Part 39).

(c) The OCO shall include the evaluation procedures in Task Order Requests

(TORs) and establish the time frame for responding to TORs, giving Offerorrs a

G-2 reasonable proposal preparation time while taking into account the unique requirements and circumstances of the effort;

(d) Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the Basic Contract;

(e) Contractors are required to respond to each TOR with either a proposal or a statement of “No Bid” along with the reason for not submitting a proposal;

(f) All costs associated with the preparation, presentation, and discussion of the

Offeror’s proposal in response to a TOR will be at the Offeror’s sole and exclusive expense; and

(g) All Orders placed under the Basic Contract are subject to the terms and conditions of the Basic Contract at time of order award. In the event of any conflict between the Order and the Basic Contract, the Basic Contract will take precedence.

G.3.1 Statement of Work A written SOW or PWS will always be used. Prior to placement of an order, the SOW/PWS must be provided to the GSA PCO to be reviewed. The GSA PCO will provide a scope determination to the OCO.

Any changes to the SOW/PWS or expansion of the original requirement during the fair opportunity process will require an additional scope review by the GSA PCO.

G.3.2 Fair Opportunity OCOs must follow the Fair Opportunity procedures specified in FAR Section 16.505(b)(1) and the exceptions to Fair Opportunity in FAR Section 16.505(b)(2). Use of the GSA eBuy system by the OCO will ensure that all Basic Contract holders are notified of each TOR request. Information and instructions on the use of the eBuy system is furnished at www.gsa.gov/ebuy.

G.3.3 Order Evaluation FAR Subpart 15.3 does not apply to the ordering process. Formal evaluation plans or scoring of quotes or offers are not required; however, the OCO must consider price under each Order as one of the factors in the selection decision pursuant to FAR Section 16.505(b)(1)(ii)(E).

G.4 BILLING AND INVOICING

The Contractor shall submit invoices directly to the address designated by the OCO on the Task Order/Delivery Order.

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G.4.1 Central Contractor Registration (CCR) The Contractor shall register in the Central Contractor Registration (CCR) system, which is a central database of data in support of Agency missions, prior to being awarded a contract (FAR Subsection 52.204-7). The registration form is at www.ccr.gov and requires the Contractor’s Data Universal Numbering System (DUNS) number.

G.4.2 GSA Management Fee The GSA Management Fee for the FCSA contracts is 2 percent. This 2 percent fee shall be included in all prices. The Contractor shall not invoice for the GSA Management Fee as a separate line item.

The Contractor shall make Electronic Funds Transfer (EFT) arrangements for payment of the GSA management fee. The Contractor shall forward fees collected to the GSA Finance Office by EFT within 30 calendar days of the close of each calendar month for which the fees apply. Failure to pay the fee within 60 calendar days may result in termination of this contract.

G.5 REPORTING REQUIREMENTS

G.5.1 Monthly Business Volume (Sales) Report The Contractor shall provide monthly sales/business volume reports using the format specified in Section J to the GSA Program Manager via e-mail. Business Volume is calculated as the total amount of a Task Order/Delivery Order received by the Contractor that period. The reporting period shall be for the beginning through the end of the previous month and reports are due by the 15th calendar day of each month. If there are no orders received during the reporting period, the report is still required and shall state “no ordering activity” for that period.

The report shall contain at a minimum the following information:

Contractor Name and Contract Number – Company name and GSA IDIQ Contract Number.

Reporting Period – The monthly reporting period in which orders were received, usually from the 1st of the month through the last day of the month.

Title - “FCSA Monthly Business Volume (Sales) Report”

For each Task Order/Delivery Order:

Date of Task Order/Delivery Order – The date Task Order/Delivery Order is signed.

Agency Name or Ordering Agency – Name of the Agency/Organization that issued the Task Order/Delivery Order. It also includes the name, address, agency point of contact and telephone number.

G-4 http://www.ccr.gov/

Description of Services – A brief description of the equipment and/or services Period of Performance – The actual date the service begins and ends. This should be identified within the Task Order/Delivery Order.

Task Order/Delivery Order Number – The order number assigned by the agency that places the order.

Total Value (Dollar Amount) of Order – Dollar amount of the Task Order/Delivery Order, not including options.

Total Sales this Month – Cumulative total value of Orders for this month.

Cumulative Sales to Date – Cumulative total of all Task Order/Delivery Orders since contract award.

The Contractor shall also provide copies of each Task Order/Delivery Order received during the reporting period in PDF format to the Program Manager on the 15th calendar day of each month.

G.5.2 Monthly Revenue Report The Contractor shall provide a monthly revenue report using the format specified in Section J to the GSA Program Manager via e-mail. The report shall provide detail relating back to individual Task Orders/Delivery Orders that have been invoiced and paid by the Ordering Agency. The monthly revenue report shall contain, at a minimum, the following information:

Contractor Name and Contract Number – Company name and GSA IDIQ Contract Number Reporting Period – The monthly reporting period in which invoices were received, usually from 1st day of the month through the last day of the month.

Title - “FCSA Monthly Revenue Report”

For each Task Order/Delivery Order:

Date Payment Received – Date the payment is received by the Contractor from the Ordering Agency. This may be in the form of a check or electronic funds transfer.

Agency Name or Ordering Activity – Name of the Agency/Organization that issued the delivery order. It also includes the name, address, agency, point of contact, and telephone number.

Description of Services – A brief description of the equipment and/or services.

Task Order/Delivery Order Number – The order number assigned by the agency that places the order.

Total Value (Dollar Amount) of Order – Total dollar amount of the Task Order/Delivery Order.

Amount Received – Total dollar amount received by the Contractor, from the Agency.

GSA Management Fee Collected – This fee is 2 percent of the total amount received in payment by the Agency .

G-5

GSA Management Fee Remitted – Total dollar amount remitted to GSA for a particular order per month. This number is calculated as a percentage of the total amount received by the Contractor from the Agency.

Remaining Balance of Un-remitted GSA Management Fee – This number is calculated as the difference between the total dollar amount due to GSA for a particular order per month and the total amount received by the Contractor from the Agency.

EFT Number – Transaction identification number of EFT and amount. If more than one EFT payment is submitted for the reporting period, the Contractor shall identify all EFT Numbers and Amounts for the reporting period. The total EFT Amount(s) shall total the “GSA Management Fee Remitted” identified on the report.

G.5.3 Annual Program Review Report The Contractor shall provide an annual program report covering the topics specified below to the GSA Program Manager via e-mail. The report shall be submitted to the Program Manager within 3 business days of the annual program review. See Section G.6.

The Annual Program Review Report shall cover the following topics:

(a) Task Order Performance Identify all Task Orders in progress and completed in the past year.

Identify the quality of performance for each Task Order and Identify any issues and resolution actions/plan.

(b) Additional Topics as identified by the GSA PCO.

G.6 PROGRAM REVIEWS

The Contractor shall attend an annual program review with the GSA Program Office.

These reviews may be held at the GSA or Contractor facility. Agenda items may include, but not be limited to: Task Order and Service Level Agreement performance against Task Order metrics, contract status, projected business volume forecast, upcoming opportunities, marketing, conferences, and any other outstanding issues.

Program Reviews will be conducted at no additional/direct cost to the Government.

Such written reports shall be submitted to the Program Manager within 3 business days of the annual program review.

G.7 CONTRACT MANAGEMENT OF PAST PERFORMANCE AFTER AWARD

The Government will evaluate Contractor performance in accordance with the criteria under FAR Subpart 42.15.

G-6

Contractors will be required to register in the appropriate past performance assessment systems to review and respond to their surveys as prescribed by the OCO at the Order level.

G.8 MARKETING

Contractors shall develop company specific FCSA brochures for distribution at trade shows, conferences, seminars, etc. All marketing and promotional materials, including information on the Contractor webpage, must be submitted to the FCSA Program Office and approved by GSA prior to distribution. Marketing materials may be co-branded with marks owned or licensed by the Contractor and GSA, as long as they comply with GSAM 552.203-71, Restriction on Advertising.

The Contractor shall be responsible for ongoing sales and marketing during the life of this contract.

G.9 EQUIPMENT REMOVAL

All Contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by the Contractor, at the Contractor’s expense, within 90 calendar days after the service termination date. All dismantling and removal of equipment shall be performed by the Contractor during normal Government business hours at the location. Advance notice must be provided to the local Government contact to ensure that such dismantling and removal occurs with a minimum of disruption. Exceptions to this requirement shall be mutually agreed upon and written notice issued by the OCO.

G.10 CONTRACT CLOSEOUT

Contract closeout shall be accomplished within the guidelines set forth in:

• FAR Part 4 Administrative Matters

• FAR Part 42 Contract Administration and Audit Services

• GSA Order OGP 2800.1 Appendix 507A or successor(s)

• GSAM Subpart 504.8

(END OF SECTION G)

G-7

G.7 CONTRACT MANAGEMENT OF PAST PERFORMANCE AFTER AWARD