RWSL FLS RCP Section G.pdf

Screening Information Request (SIR) No. 693KA7-24-R-00006

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PART I – SECTION G

CONTRACT ADMINISTRATION DATA

G.1 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)

AMS

CLAUSE

TITLE DATE

3.10.1-22 Contracting Officer’s Representative April 2012

G.2 CONTRACT ADMINISTRATION (FAA)

The Contractor must use the following Government contacts and addresses for all matters regarding the Contract.

(a) Contracting Officer (CO) Patrick Weare, Flight Services Branch, AAQ-240 600 Independence Avenue, SW Washington, D.C. 20591 Phone: 202-267-5483 Email: patrick.weare@faa.gov

(b) Contract Specialist (CS): TBD

(c) Contracting Officer’s Representative (COR): TBD

G.3 CONTRACT ADMINISTRATION (CONTRACTOR)

(a) Contract Manager: TBD

(b) Program Manager: TBD

G.4 CONTRACTING OFFICER’S AUTHORITY

a) The Contracting Officer 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. Accordingly, the Contracting Officer is the only individual https://fast.faa.gov/contractclauses.cfm

G-2 who has the authority to enter into, administer, or terminate this contract, including but not limited to (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor of any cost incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. In addition, the Contracting Officer 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, this authority remains solely with the Contracting Officer.

b) The Contracting Officer may designate, in writing, representatives to perform functions required to administer this contract. However, any implied or expressed actions taken by these representatives must be within the limits expressly detailed within the Contracting Officer’s written designations. The Contracting Officer will provide the Contractor copies of all relevant written designations. If any individual alleges to be a representative of the Contracting Officer and the Contractor has not received a copy of the document designating that representative, the Contractor must refrain from acting upon the representative’s requirements and immediately contact the Contracting Officer to obtain a copy of the document designating that individual as a representative of the Contracting Officer.

c) It is the responsibility of the Contractor to contact the Contracting Officer immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. Work not ordered by the Contracting Officer and/or work outside the scope of the contract will not be reimbursed by the Government. The Contractor must immediately notify the Contracting Officer for clarification when a question arises regarding the authority of any person to act for the Contracting Officer under this contract. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

d) The Contractor must submit request for modification(s) of this contract to the Contracting

Officer, with a copy of the request to any appointed Contracting Officer’s Representative

(COR).

G.5 TECHNICAL DIRECTION

(a) Performance of the work under this contract will be subject to the technical direction of the COR identified in G.2. 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, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual Statement of Work provided that there is no cost or schedule impact or change in contract requirement consistent with Section C;

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2) Provisions of written information to the Contractor that assist in the interpretation of drawings, specifications, or technical portions of the work description; and

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

(b) Technical direction must be issued in writing by the COR and must be within the scope of Section C, Statement of Work. The COR does not have the authority to, and may not, issue technical direction that:

1) Constitutes an assignment of additional work outside the Statement of Work;

2) Constitutes a change as defined in the AMS Clauses 3.10.1-12 Changes-Fixed

Price (April 1996), 3.10.1-13 Changes – Cost Reimbursement (April 1996), and 3.10.1-14 Changes- Time and Materials or Labor Hours (April 2022);

3) In any manner that causes an increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

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

or

5) Interferes with the Contractor’s right to perform the terms and condition of the contract.

(c) The Contractor must express its concurrence that any such technical direction is entirely within the scope of this contract and consistent with this provision by endorsing the written direction of the work so directed.

(d) If, in the opinion of the Contractor, any instruction or direction by the COR falls within the categories defined in paragraph (b) above, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) business days after receipt of such instruction or direction.

(e) Upon receipt of the notification from the Contractor, the Contracting Officer will advise the Contractor, in writing, if the technical direction is within the scope of the contract and does not constitute a change to the contract within a reasonable length of time. If the technical direction would constitute a change to the contract, the FAA may proceed with incorporating the change into the contract in accordance with the applicable AMS Changes clause.

(f) Failure of the Contractor and Contracting Officer to agree that the technical direction is within the scope of the contract will be subject AMS Clause 3.9.1-1 Contract Disputes.

G.6 INTERPRETATION OR MODIFICATION

No verbal statement by any person, or written statement by anyone other than the Contracting Officer or his or her authorized representative acting within the scope of his or her authority, shall be interpreted as modifying or otherwise affecting the terms of this solicitation or any resulting Contract. All requests for interpretation or modification must be made in writing to the

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Contracting Officer.

G.7 CORRESPONDENCE PROCEDURES

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

(a) All correspondence must contain a subject line, commencing with the contract number and a delivery order number, if applicable.

(b) Technical Correspondence of a routine nature must be addressed to the designated COR with an information copy of the correspondence to the CO.

(c) Other correspondence, including technical correspondence where patent or technical data issues (if any) are involved, and correspondence which proposes or otherwise waivers, deviations, or modifications to the contract requirements, terms or conditions must be addressed to the Contracting Officer, with an information copy of the correspondence to the COR.

(d) The Contractor must not use “express” or “overnight” mail for the day-to-day transfer of correspondence. The premium services should only be used sparingly and in situations when the regular US mail delivery system would not be adequate for the timely transfer of technical or contract related documentation.

(e) The FAA and Contractor may use email to transmit correspondence and/or data when deemed necessary and appropriate. The date stamp of the email will be considered the delivery date of the document. If the date stamp is after 5:00pm Eastern Time or is on a weekend or holiday, the delivery date will be considered the next business day.

(f) All correspondence regarding contract administration must be addressed in accordance with this clause, unless otherwise requested by the Contracting Officer.

G.8 INVOICING

Separate invoices must be submitted for every delivery order. The Contractor must submit invoices no more frequently than monthly.

Payment for work performed under this contract will be made in accordance with AMS 3.3.1-17 Prompt Payment but is subject to review and approval by the Contracting Officer or other designated individuals. The payment will be made pursuant to AMS 3.3.1-34 Payment by Electronic Funds Transfer – System for Award Management.

The Contracting Officer will authorize payments in amounts determined to be allowable in accordance with AMS 3.3.2-1, FAA Cost Principles.

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In the event of questioned costs, the Contracting Officer may withhold the total amount, or any portion, due on any invoice until such time as the Contracting Officer determines the validity of any and all questioned costs.

Costs not invoiced within twelve months of them being incurred by the Contractor are unallowable under this contract.

G.8.1 INVOICE SUBMISSION

The Contractor must submit invoices via the Delphi e-Invoicing web portal in accordance with AMS 3.3.1-40 Electronic Submission of Payment Requests.

G.8.2 INVOICE MARKING

(a) In addition to the requirements specified in AMS 3.3.1-17 Prompt Payment, the Contractor must include the following information on each invoice:

1) The number of the delivery order under which the work was performed;

2) Period of performance covered by invoice;

3) The Contracting Officer’s name and routing symbol;

4) Labor performed, listed by person, category, hours, rates, and amounts;

5) Subcontractor costs properly billable in accordance with the applicable delivery order, with name of subcontractor, description of work, list of deliverables, a breakdown of all costs billed, and including supporting documentation of the costs incurred;

6) List of supplies, materials, equipment, and any other item properly billable in accordance with the applicable delivery or task order, with the quantity and cost of each item, to include supporting documentation of the price paid for the item

7) Travel to include a breakdown of all actual travel costs incurred. All invoiced travel costs must be substantiated by submission of supporting documentation in accordance with AMS 3.3.2-2, Reimbursement for Travel and Subsistence and Section G.8.3, Travel Reimbursement;

8) Miscellaneous Other Direct Costs (ODC) properly billable in accordance with the applicable delivery order, with the quantity and cost of each item;

9) Current amounts invoiced, total amounts invoiced to date, and the remaining balance on the delivery order; and

10) All invoices must include the following certification signed and dated by an authorized company representative:

CERTIFICATION: I hereby certify that the attached invoice is true and correct to the best of my knowledge, information and belief.

Signature of Official Date of Signature Signer’s name typed or printed Signer’s Title

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(b) For the final invoice for each delivery order, the Contractor must submit the following additional information:

1) Contractor's assignment of refunds, rebates, and credits;

2) Contractor's release;

3) List of any inventions, copyrights, or patents relating to work under the Contract;

and

4) The final invoice must be marked as “Final Invoice”.

G.8.3 TRAVEL REIMBURSEMENT

The Contractor will be reimbursed for allocable, allowable, and reasonable travel expenses in accordance with the Federal Travel Regulations (FTR). All Contractor travel must be identified and have prior written approval by the COR and Contracting Officer.

Except as otherwise provided herein, the Contractor will be reimbursed for travel on the basis of reasonable actual expenses incurred subject to the following:

1) Travel: The Contractor must ensure that:

a. All travel, whether it be 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 only reimburse the Contractor in accordance with the “Federal Travel Regulations” (FTR) effective at the time of travel. Additional reimbursable costs may include bridge tolls and current rates per mile.

b. The travel reimbursement herein includes only that travel (commercial carrier, private automobile, or automobile rental) performed in accordance with this statement of work. 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.

c. Relocation costs and or incidentals to relocate will not be reimbursed.

d. The Contractor must use alternate airports where available and within reasonable commuting distances if it will result in lower costs to the Government.

e. The contractor must conduct a cost analysis prior to requesting and submitting for travel approval to the COR/CO to establish that due diligence has been performed on behalf of the Contractor.

f. The Contractor must submit all travel requests immediately upon the Government’s request and no later than five (5) days before the day of departure.

Emergency/Urgent travel requirements may be required, and the Contractor must provide such justification to the COR/CO for acceptance.

2) Per Diem:

a. The Contractor will be reimbursed for the reasonable expense of meals, lodging, transportation between place of lodging or business and places where meals are taken in accordance with the current “Federal Travel Regulations” (FTR).

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b. Receipts are required for all Per Diem Expenses being submitted for reimbursement exceeding $75.00. To find current rates in the Continental United States (“CONUS Rates”), the U.S. General Services Administration (GSA) link is: https://www.gsa.gov/travel/plan-book/per-diem-rates

c. Cell phones, internet/air card usage, office equipment, and office supplies are not reimbursable.

3) Contractor Use of Government Discount Rates:

a. To the maximum extent practical, and consistent with travel requirements, the Contractor agrees to use the reduced air transportation rates and reduced hotel accommodation rates where Government rates are available.

b. Upon the notification from the Contractor to the COR/CO, the Contracting Officer will provide the identified Contractor for travel with an agency letter of identification for presentation as proof of travel on behalf of the Government to be used for lodging, air fare, or automobile rental.

c. The Contractor must use the Federal Travel Directory--which General Services Administration (GSA) publishes monthly, identifying current contract airlines and hotels--for all required travel. The symbol in the Federal Travel Directory for discount rates is (CRC).

4) The FTR regulations and information are available online at:

www.gsa.gov/federaltravelregulation

G.9 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data for obligations under this contract will be set forth in individual Delivery Orders.

END OF SECTION G

https://www.gsa.gov/travel/plan-book/per-diem-rates http://www.gsa.gov/federaltravelregulation

G.4 CONTRACTING OFFICER’S AUTHORITY