Section G.pdf

15M10523RA4700028

Federal Judicial Circuit

2nd, 6th, 7th, 9th, 10th, 11th and 12th

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PART I – SCHEDULE

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ROLES AND RESPONSIBILITIES OF GOVERNMENT PERSONNEL

(a) Contracting Officer: The CO has the overall and primary responsibility for the administration of this contract. Only the CO has authority to enter into, administer, or terminate this contract on behalf of the Government. This includes modifying and deviating from the contract terms, conditions, requirement, specifications, and delivery schedules; making final decisions involving such matters as invoice payments or other consideration due to the Government for nonperformance or unsatisfactory performance, interpreting the contract, and resolving disputes; and terminating the contract for default or convenience. The CO also has authority to delegate certain responsibilities to an authorized Government representative.

(b) Contracting Officer’s Representative (COR): The CO will appoint individuals to act as authorized representatives in the monitoring and administration of this contract. This individual is designated in writing as a COR, with a copy to the Contractor. An individual designated as a COR is authorized to perform the following functions and those functions in accordance with COR appointment letter:

(1) Coordinate the technical aspects of this contract and inspect all required services.

(2) Certify, accept and reject invoices deemed improper for payment for the services and/or supplies rendered and allowed under the terms and conditions of this contract. (For rejection of services, see Section E-2(a), Inspection and Acceptance.)

(3) Designate various individuals to assist in monitoring the performance of the contract. Such persons are not official CORs, are NOT authorized representatives of the CO, and may not perform the duties specified in USMS 0012 and JAR 2852.201-70(b), which are incorporated in the contract. The COR responsibility still remains with the COR designated by the CO for that given physical location.

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G.2 USMS 0012 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (AUG

2017)

(a) [Name] is hereby designated as the Contracting Officer’s Representative (COR). The

COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract. The COR is located at:

Phone Number: [Phone] Email: [Email]

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

(End of clause)

G.3 CONTRACT ADMINISTRATION

The primary contract administration office (CAO) and the designated CO for the Circuits are as follows:

Contract Administration Office Contracting Officer Office of Security Contracts CG-3 14th Floor U.S. Marshals Service Headquarters 3601 Pennsy Drive Landover, MD 20785

G.4 TASK ORDERS

A task order, Standard Form (SF) 30, is the official ordering document issued by the CO that requires the Contractor to provide the services as described in Section C of this

G-3 contract. All services will be ordered via task order. It provides the Contractor, among other things, a general description of services required, the maximum number of hours being requested, and the place of performance. The Contractor is not authorized to perform any services nor exceed the total task order ceiling without prior written notice from the CO. Payment will not be made for unauthorized work or costs.

G.5 OVERTIME SERVICES

(a) Overtime hours and/or funds will be authorized by the CO via task order. The

COR is delegated authority to request overtime services within the maximum hours and funding level provided on a given task order. The Contractor shall not perform overtime services that will exceed the maximum funding level provided by the task order unless expressly authorized under the terms and conditions of this contract.

(b) Payment will not be made for unauthorized overtime worked or for overtime costs exceeding the maximum funding level.

G.6 PRICE ADJUSTMENT PROCEDURES RESULTING FROM WAGE

DETERMINATION INCREASES

(a) Price adjustments resulting from wage determination increases/decreases incorporated into this contract will be processed in accordance with Federal Acquisition Regulation FAR clause 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) incorporated in Section I of the contract.

(b) Applicability:

The SCA and the FLSA contract price adjustments only apply to the labor categories listed on the Department of Labor's wage determinations that perform the work of the contract: CSO and LCSO.

Price adjustment requests will be based on the total number of hours ordered by the CO for a given contract period. Each position equates to a maximum of 1903 hours per contract period.

The Contractor shall submit a pricing adjustment claim to the CO as follows:

o The Government gives Fair Notice to both the Contractor and the Union of its intent to exercise an option period (FAR part 22.1010) through issuing a 60 day notice warns to both parties. This notice warns both parties to conclude CBA negotiations in order to timely submit the CBA for SCA purposes prior to the award date of the option:

Untimely: If the CBA is not timely submitted, prior to the option period of performance start date, the CBA will not be incorporated into the following contract period

Timely: Prior to period of performance start date of the option period

G-4 o If the CBA is submitted by the Contractor timely, prior to the option period of performance start date, the CO will submit an e98 to the DOL requesting a wage determination based on the collective bargaining agreement. On receipt of the DOL issued WD the CO will unilaterally modify the contract to include the DOL WD effective the first day of the new contract period.

o The Contractor shall notify the CO of any price adjustment claimed, within 30 days after the effective date of the wage change unless the CO extends the 30 day period in writing. Both price adjustment increases and decreases shall be reported to the CO (see FAR clause 52.222-44(e)):

Untimely: If the increase is not timely submitted, within the 30 day period, the pricing adjustment claim will not be incorporated into the following contract period, unless the CO extended the period in wiring.

Timely: Within 30 days after the effective date of the wage change or the deadline of a written extension previously granted by the CO.

o Upon agreement of the parties, the contract unit price labor rates will be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment.

Revised WDs are effective the first day the new contract period, even though the WD revision may be dated several months prior to incorporation.

Price adjustments are limited to direct labor hourly rates, fringe benefits and the accompanying increases or decreases in social security and unemployment taxes and worker’s compensation insurance, and shall not otherwise include any amount for other direct costs, general and administrative costs, overhead, or profit (see FAR clause 52.222- 43(e)).

The Federal Unemployment Tax Act (FUTA) and State Unemployment Tax Act (SUTA) payments are normally not affected by a WD revision.

Increases in general liability insurance, state gross receipts taxes and bonding costs are also not allowable as part of an SCA adjustment (despite such costs being calculated based on total wages or total revenue).

A general calculation of a price adjustment is the delta between the new and old hourly rate, times the number of hours allowed plus the H&W increase and the change in taxes to determine the adjustment due. There are other considerations, i.e., adding FUTA, SUTA, and

G-5 other when applicable. The Contractor shall utilize a Government provided format when calculating and submitting a price adjustment.

Title Hours Actual Rate Paid Prior FY

CBA/

WD

New FY

Delta/Hr. Total Wage Increase/ Decrease

Delta Fringe Benefit & Insurance

H&W ($0.00/ hr.)

FICA

(0.00%)

WCI

(0.00%)

Amt.

Due

CSO # Hrs. $00.00 $00.00 Difference Times # Hrs.

Difference Plus Plus Plus Total

LCSO # Hrs. $00.00 $00.00 Difference Times # Hrs.

Difference Plus Plus Plus Total

(c) Certification: As required in FAR clause 52.222-43, the Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which an adjustment is provided under this clause.

(d) Upon agreement of the parties, the CO will modify the contract price or contract unit price labor rates in writing. The Contractor must continue performance until an agreement on or determination of any such adjustment and its effective date has been made. Violation of this requirement can be used as grounds for contract default.

G.7 INVOICE REQUIREMENTS

(a) Invoice Procedures: The Contractor shall prepare and submit one (1) invoice per

CLIN per month for the District to the designated COR or as specifically instructed in Optional Form 347, “Order for Supplies or Services,” and/or Standard Form 30, “Amendment of Solicitation/Modification of Contract,” whichever is applicable. The Government has provided a sample SF-1034 and SF- 1035, Public Voucher for Purchases and Services Other than Personal, in Section J, Attachments 3(G) and 3(H). The invoice shall include an itemized breakdown by facility by position type; e.g., CSO or LCSO on the SF-1035 Continuation Page. The Contractor must submit a proper invoice in order to receive payment.

Invoices shall be sent to the Government for receipt by the tenth (10th) calendar day of each month.

The Contractor’s invoice shall include the following information. Invoices submitted without these numbers will be considered incomplete, will be returned and will not be paid.

(1) The name and address of the business concern;

(2) The invoice date;

(3) Contract number, task order and/or modification number;

(4) A description and the quantity of supplies or services furnished, as well as the associated contract line item number(s);

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APPROVING OFFICIAL

I certify to the best of my knowledge and belief that the supplies/services shown on this invoice have been received and are accepted.

Contracting Officer’s Representative Date

(5) Shipping and payment terms;

(6) The name, title, telephone number and complete mailing address of the responsible official to whom payment is to be sent;

(7) The name, title, telephone number and mailing address of the person to be notified in the event of a defective invoice;

(8) Tax payer identification number (TIN), usually a Social Security Number if the Contractor is an individual or their employer identification number if a company, and Data Universal Numbering System (DUNS) number;

(9) The date delivery occurred or the period over which services were provided; and

(10) The Contractor shall include the following statement on each invoice:

Payment will only be made after the following conditions have been met:

(1) After contract performance/payment of CSO and Government acceptance of equipment or services;

(2) After receipt of a proper invoice and the required Monthly Activity

Report (MAR) (see Section C.24.6, Court Security Officer Monthly Activity Report and Section J.3(F);

(3) Only for the number of hours actually performed, less any deductions for deficient performance and for reimbursable expense(s) actually paid and considered allocable, allowable, and directly applicable to this contract.

(b) Shift Differential: Shift Differential will not be invoiced as a separate rate. It shall be included as part of the fully burdened Direct Labor rate in the offeror’s proposal. The Government will not reimburse the Contractor for Shift Differential invoices.

(c) Invoicing for Overtime:

(1) All hours billed in excess of a 40-hour work week (Sunday through

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Saturday), or in accordance with the terms of the Contractor’s Collective Bargaining Agreement, shall be authorized by the COR prior to performance and the submission for payment (See terms and conditions set forth in Section C.23, Overtime and Holiday Performance.) Where the Contractor incurs overtime without the COR’s approval, the Government will have no liability to pay for those services.

(2) In addition to the invoice requirements stated above, the voucher for overtime must be annotated with the following information:

(i) The name and ID number of the employee who worked; and

(ii) The number of hours in excess of the employee’s normal 40 hour work week.

(d) Invoicing for CSO Travel: The Contractor will be reimbursed for transportation, lodging, meals and incidental expenses incurred by the LCSO(s) and CSO(s) authorized to travel. Reimbursement will only be made to the extent allowed by Federal Acquisition Regulation FAR part 31.205-46 Travel costs, the Department of Justice Travel Guide, and Federal Travel Regulations, prescribed by the General Services Administration in effect at the time of travel. Travel costs will not be reimbursed in an amount greater than the cost of, and time required for coach class, commercially scheduled air or ground travel by the most expeditious route unless coach air or ground travel is not available and the Contractor certifies to this fact in the voucher or other documents retained as part of the contract records to support a claim or post-audit. The invoice shall include the CSO employee name and ID number and be accompanied with a CSO-010 Court Security Officer Contract Travel Authorization Attachment J.3(C) and a CSO-011 Court Security Officer Travel Expense Reimbursement Attachment J.3(D) for travel reimbursement.

(e) Invoicing Period: Invoices shall be submitted on a monthly basis only and shall be submitted in accordance with Section G.7(a), Invoice Payments.

G.8 INVOICE PAYMENTS

The Government will, on a monthly basis, pay the Contractor upon submission of a proper invoice, the total of the amount due for the services in accordance with this contract.