Section_E_-_Draft_Posting.docx

ExPRESS RFP TIB-2016-RFP-0002 Section E – Inspection and Acceptance

Table of Contents

ExPRESS RFP TIB-2016-RFP-0002 DRAFT Section E

ExPRESS RFP TIB-2016-RFP-0002 DRAFT Section E

E.1 INSPECTION AND ACCEPTANCE

The basis for acceptance shall be compliance with the requirements set forth in this contract. The Contracting Officer Representatives (CORs) will have the right to reject or require correction of any deficiencies found in deliverables. In the event of rejection of any deliverable, the Contractor will be notified in writing by the COR of the specific reasons why the deliverable was rejected. If no comments from the COR are provided within 20 business days of receipt, the deliverable will be deemed to have been accepted by the FRTIB.

E.2 INSPECTION OF SERVICES – BOTH FIXED-PRICE & COST REIMBURSEMENT

(a) 'Services,' as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system and Quality Control Plan (QCP) acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subContractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge if a fixed-price contract, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government will require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount, or if a cost reimbursement type contract, for no additional fee. When the defects in services cannot be corrected by re-performance, the Government may:

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and

(2) Reduce the contract price, or any fee payable under the contract, to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

(1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service, (or if a cost reimbursement contract, reduce any fee payable by an amount that is equitable under the circumstances), or

(2) terminate the contract for default.

(End of Clause)

E.3 INSPECTION – TIME-AND-MATERIAL AND LABOR HOUR

(a) Definitions

(1) 'Contractor's managerial personnel,' as used in this clause, means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of--

(i) All or substantially all of the Contractor's business;

(ii) All or substantially all of the Contractor's operation at any one plant or separate location at which the contract is being performed; or

(iii) A separate location or facility connected with the performance of this contract.

(2) 'Materials,' as used in this clause, includes data when the contract does not include the "Warranty of Data" clause.

(b) The Contractor shall provide and maintain an inspection system and QAP acceptable to the Government covering the materials and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the entire period of performance, including Phase-In. The Government may also inspect the facility or facilities of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 40 business days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g) (1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may--

(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to:

(1) fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel or

(2) the conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified, or

(3) latent defects.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(End of clause)

E.4 MATERIAL INSPECTION AND RECEIVING REPORT

(a) At the time of each delivery to the FRTIB under this contract, the Contractor shall electronically furnish a Material Inspection and Receiving Report (DD Form 250 series) to the COR.

(b) The Contractor shall prepare the DD Form 250 (see Attachment J.2(c) in accordance with http://www.dtic.mil/whs/directives/forms/eforms/dd0250.pdf .

E.5 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT

(a) The Contractor shall comply with the standard titled CDRL J.1(f) Quality Control Plan, which is hereby incorporated into this contract.

(b) The Contractor shall establish and maintain a Quality System in accordance with the above referenced standard(s) and the Contractor’s Quality Control Plan (QCP). This QCP is hereby incorporated into this contract when approved by the Contracting Officer. If the QCP is submitted as part of a proposal submission and approved before award, then the QCP is hereby incorporated into this contract at time of award. The QCP shall describe the Contractor’s provisions for quality assurance, inspection and test of all supplies to be provided under this Contract, in accordance with the terms of this Contract, including but not limited to the Contract specifications and the above referenced standard. (Note; Formal third-party ISO9000 registration is not required. Formal third-party ISO9000 registration does not relieve the Contractor from the requirements of submitting a QCP.)

(c) In the event of conflict between the Quality Control Plan (QCP) and ANSI/ASQC Q9001-1994, and ISO9000-3, the Government approved QCP shall control.

(d) Government Furnished Property shall be controlled to assure acceptability upon receipt, preclude degradation, damage or misuse during storage, use or test, and assure proper final disposition in accordance with the contract.

E.6 QUALITY ASSURANCE

The following quality assurance provisions are a part of this contract:

(a) The Government’s Contracting Officer Representative (COR) assigned to this contract, and designated as such by the Contracting Officer, has the authority to verify that the Contractor’s quality system, complies with Contract requirements, including the Contractor’s Quality Control Plans, to witness test, and to inspect and accept or reject services provided under this contract.

(b) The Contractor shall comply with the specification titled ANSI/ASQC Q 9001-94 Quality System Model for Quality Assurance in Design/Development, Production, Installation, and Servicing and ISO 9000-3, Guidelines for application of ISO 9001 in the development, supply and maintenance of software, in its most recent version on the contract award date.

(c) The Contractor shall establish and maintain a Quality System in accordance with ANSI/ASQC Q9001-1994, and ISO9000-3 and the Contractor’s QCP as approved by the Contracting Officer. The QCP shall describe the Contractor’s provisions for quality assurance, inspection, and test of all services and supplies to be provided under this contract, in accordance with the terms of this contract, including but not limited to the contract specifications and with ANSI/ASQC Q9001-1994, and ISO9000-3.

(d) Failure of the Contractor to maintain and operate a Quality System in accordance with the terms of the contract may, based upon a written determination of the COR (and consistent with the quality system requirements of the contract), be grounds for rejection of the affected services.

(e) The Contractor shall provide appropriate office space for the COR and staff for the performance of Government evaluations and administrative functions. The office area shall be secure to accommodate meetings of a sensitive nature. File cabinets and suitable desks, both with locking capabilities, computers and chairs, all in good repair, and other miscellaneous office equipment, as required, shall be supplied by the Contractor. A telephone shall be provided to each desk, with not less than one line per two Task Order (TO) staff members. The cost of work-related long distance calls placed by the TO staff will be borne by the Government. The Contractor shall provide parking space to the extent available. In the event a change in location of the TO staff is required, Contractor/TO coordination will take place in order to facilitate Government planning and implementation of a smooth transition.

(f) In the event of conflict between the QCP and ANSI/ASQC Q9001-1994, and ISO9000-3, the Government approved QCP shall control.

(g) Notification of Readiness for Inspection - Unless otherwise specified in the contract, the Contractor shall notify the COR in writing within 2 workdays: (1) when Contractor inspection or tests will be performed in accordance with the conditions of the contract and (2) when the supplies or services performed will be ready for Government inspection.

E.7 POINTS OF INSPECTION AND ACCEPTANCE

Inspection and Preliminary Acceptance of ExPRESS systems components and aggregates, including all Hardware/Equipment, along with all Software, Firmware and Interface requirements shall be performed at the location agreed to by the Contractor, Contracting Officer and the Contracting Officer’s Representative.

Inspection and Final Acceptance by the Government of all Supplies/Services delivered during performance of this contract shall be performed on site by: TBD

E.8 PHASE-IN AND GO-LIVE ACCEPTANCE CRITERIA

(a) The Contractor shall provide the Government with traceability between the overall delivered Service Center solution and the requirements specified in the ExPRESS RFP.

(b) The Contractor shall provide the Government with demonstrable proof that the overall delivered Service Center solution adequately meets the requirements specified in the ExPRESS RFP.

(c) The Contractor will provide assurance to the Government that the overall delivered Service Center solution meets acceptance considerations that include:

(1) The Contractor’s personnel have completed non-disclosure agreements [see Attachments J.2(m) and (n)], background checks, privacy training, etc. and will update these requirements for new personnel, as they expire, or as otherwise necessary.

(2) The Contractor’s personnel possess effective understanding of the FRTIB’s information technology environment and its constraints, and they are prepared to provide the expertise necessary to achieve Service Center Go-Live certification.

(3) The Contractor’s personnel are adequately prepared (e.g., trained, scripted, knowledge-certified) to operate the Service Center.

(4) The Contractor’s comprehensive business process design effort achieves an effective end-to-end result across all the Service Center’s functional areas.

(5) The Contractor’s system(s) interface design exchanges are effective and achieve flawless data migration and integrity expectations in support of the business processes across all the Service Center’s functional areas.

(6) The Contractor’s Assessment and Authorization package(s) enable(s) the FRTIB to recommend granting an Authority to Operate the Service Center.

(7) The Contractor’s overall Service Center solution achieves the full confidence of all of the FRTIB’s business process stakeholders.

(8) The Contractor’s overall Service Center solution achieves the FRTIB’s Authority to Operate.

(9) The Contractor’s overall Service Center solution demonstrates effective and flawless interoperability with the FRTIB’s recordkeeping system(s).

(10) The Contractor’s overall Service Center solution demonstrates that it is an integrated, viable alternative to the FRTIB’s legacy service center operations.

E.9 TRANSFORMATION ACCEPTANCE CRITERIA

The Government will apply substantially the same acceptance criteria, as that identified above, to the Contractor along with any specific acceptance criteria as part of any task order issued in support of the ExPRESS Transformation phase.

E.10 ERRORS

1. In this clause, the following terms have the following definitions:

(1) “Error” has the same meaning as in clause H.33.

(2) “Direct harm” means any negative financial impact that would not have occurred but for the Contractor’s error.

1. Notwithstanding this Section E, the Contractor shall correct any errors that result in direct harm to any individual or entity who is entitled to a right or benefit under FERSA, or any individual or entity who would have been entitled to a right or benefit under FERSA but for the Contractor’s error, at any time discovered, in accordance with Section H.33, or, at the FRTIB’s sole discretion, any applicable inspection and acceptance or warranty clauses.

(End of Section E) image1.jpeg