Acquisition Management Contract Administration, Functions, & Key Players

1. Acquisition ManagementContract Administration, Functions, & Key Players Presenter(s) Dorian Ridley-Curtis, Division Chief Project Management Oversight Division Sonja Rousey, Team Leader/Contracting Officer Saul Simmons, Senior Contract Specialist Sandra Bailey, Contract Specialist LaStar Matthews, Procurement Analyst Crystal Johnson, Contract Specialist

2. Contract Administration Contract Overview Contract Modifications Contract Reporting Requirements eInvoicing Yearly Incurred Cost Submittals Contractor Performance Assessment Reporting System 2019 PMO Requirement Overview Q&A 2019 Capital Project Management Workshop

3. Contract Overview Contract Administration involves those activities performed by Government officials after a contract has been awarded to determine how well the Government and the Contractor performed to meet the requirements of the contract. Contract Administration is a system that ensures Contractors perform in accordance with the terms, conditions, and specifications of the contract. 2019 Capital Project Management Workshop

4. Contract Overview (cont….) Government Personnel Contracting Officer (CO)- The Contracting Officer has the authority to enter into, administer, or terminate contracts and make related determinations and findings. Contracting Officers may bind the Government only to the extent of the authority delegated to them. Contract Specialist (CS) - Business advisors to the Program Managers who assist in planning and execution of the acquisition processes to acquire goods and services needed to accomplish the agency’s mission, and facilitates the contract administration functions and provide assistance to the CO. Contracting Officer Representative (COR)/Alternate Contracting Officer Representative (ACOR) - Upon delegation by the CO, the COR/ACOR act as liaisons with the contractor during the performance of the contract to direct the technical effort being performed and to monitor the progress and quality of the contractor’s performance in accomplishing tasks required by the statement of work. Plays a critical role in developing and managing contracts. 2019 Capital Project Management Workshop

5. Contract Overview (cont….)COR Appointment • COR Designation Memorandum. • Level II Certification. • Proposed COR/ACOR’s must meet the requirements of the Federal Acquisition Certification for COR’s, and be FAC-COR certified prior to appointment. 2019 Capital Project Management Workshop

6. Contract Overview (cont….) Contract Types Cost-Reimbursement Contracts: (FAR 16.301-1) – Cost-reimbursement type contracts provide for payment of allowable incurred costs, to the extent prescribed in the contract. These contracts establish an estimate of total cost for the purpose of obligating funds and establishing a ceiling that the Contractor may not exceed (except at its own risk) without the approval of the Contracting Officer. Cost-Plus-Fixed-Fee Contracts: (FAR 16.306) – A cost-plus-fixed-fee contract is a cost-reimbursement contract that provides for payment to the Contractor of a negotiated fee that is fixed at the inception of the Contract. Firm-Fixed Price Contracts: (FAR 16.202-1) - A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. 2019 Capital Project Management Workshop

7. Contract Modifications A contract modification is any written change to the terms of the contract. A contract cannot be changed verbally, it must be in writing. (FAR 2.101) Types of Contract Modifications Two types: • Unilateral (FAR 43.103(b)) – A contract modification signed only by the Contracting Officer. (e.g., administrative changes) • Administrative Changes • Change Orders (under the authority of the applicable “changes” clause) • Termination Notices • Exercising Options • Suspension of Work/Stop Work Orders 2019 Capital Project Management Workshop

8. Contract Modifications (cont.…) Types of Modifications continued….. • Bilateral (FAR 43.103(a)) – A contract modification signed by both the Contracting Officer (CO) (e.g. Supplemental Agreement) • Changes – in the terms and conditions of the contract • Changes – within the general scope of the contract: • Changes clause for changes in specs/SOW, delivery, work hours, materials, etc.. • Default clause for time extensions agreed as results of un-excusable Contractor delays. • Dispute clause for funding payment as a result of claims. • Option clause for extending the term of contract when other changes are also being made that require Contractor agreement. • Excusable delays clause for time extensions when Contractor delays are beyond the Contractor’s control. • Differing site conditions clause for equitable adjustment in price/time of performance. • Suspension of work clause for adjustment of price as a result of CO unreasonable delays. 2019 Capital Project Management Workshop

9. Contract Modifications (cont….) Personnel Additions • Please refer to Section H.28 Substitution of Key Personnel and Non-Key Personnel for details regarding the contractual requirements regarding personnel changes. Modifications to Key and Non-Key Personnel Change request must be submitted to the cognizant Contract Specialist in writing along with the proposed person’s resume (in J-2 format), with a revised J-7 forms, and a written justification. Changes must be approved by the COR/ACOR and the CO. Bilateral modification will be issued to change Section B and H of the contract. New labor category proposed must be submitted in writing along with market research for the labor rate and labor category that is being proposed. 2019 Capital Project Management Workshop

10. Contract Reporting Requirements The following is a list of reporting requirements for the Government and/or the Contractor throughout the duration of the contract: • Contract Performance Assessment Reporting System (CPARS) – An interim, annual, and final performance evaluation must be submitted for all task orders valued over $150,000 (SAT) at www.cpars.gov. • Annual Order Close-Out Report – due within 30 days after the end date of each performance period to include a list of all expired orders under the IDIQ base contract. • Cost Report – due by the 15th of each month. The monthly Task Order Cost Report as reference under the base IDIQ contract under Section F, Clause F.11 requires each PMOC to provide a Task Order Cost Report. The monthly cost report is to minimize risk to the Government regarding cost overruns and provide additional assistance with managing the burn rate under a CPFF type task order. 2019 Capital Project Management Workshop

11. Contract Reporting Requirements (cont.…) • Electronic Subcontracts Reporting Systems (eSRS) – Contractors must submit its Individual Subcontract Report (ISR) by April 30th and October 30theach year for the entire performance period of the task order, to show compliance with their subcontractor plan. • This requirement only applies to Task Orders valued over $700,000. • Registration and submission is required at www.esrs.gov. • CS/CO review of the submitted report happens within 30 days of submission, and either accepted or rejected. • FFATA Sub-Award Reporting System (FSRS) -- Contractors are required to file a Federal Funding Accountability and Transparency Act (FFATA) Sub-Award by the end of the month following the month in which Contract award any sub-contract greater than $25,000 at www.fsrs.gov . 2019 Capital Project Management Workshop

12. Contract Reporting Requirements (cont.…) • Employment reports on Veteran - the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) requires Contractors and Subcontractors to report annually to the Department of Labor the number of employees in the workplaces, by job category and hiring location, who are qualified covered veterans, no later than September 30thof each year following a calendar year during the performance period of the contract/task order. • VEVRAA also requires Contractors and Subcontractors to report the number of new hires during the reporting period who are qualified covered veterans. • Contractors shall submit a VETS-100A report annually to the DOL VETS-100A website at https://vets100.dol.gov/vets100 and provide confirmation to the CO, even if the Contractor has no covered veterans or new employees to report during the reporting period. 2019 Capital Project Management Workshop

13. eInvoicing • Invoices shall be submitted electronically into the FTA E-Invoicing System via the Delphi E-Invoicing System. • Access to the system is granted by request from the COR/ACOR. • Vendor MUST obtain access within 10-15 days of award. • Withholding of Fixed Fee – 15% of the fixed fee must be withheld per invoice until the maximum of 15% of the total fixed fee or $100,000 is reached (See Section B of the task order for details). • A request of change banking information for Contractor payments can be submitted to FTA’s Office of Accounting: Michael.Whitaker@dot.gov , CC: COR, ACOR, CO, and CS. 2019 Capital Project Management Workshop

14. Incurred Cost Due Dates Of Submissions Incurred cost claims are due six months after completion of the Contractor’s fiscal year end. Per the Allowable Cost and Payment Clause (FAR 52.216-7(d)(2)). Allowable cost and payment clause applies to cost-reimbursement type contracts (FAR 16.307). Adequacy Checklist can be found at: https://www.dcaa.mil/Home/ICSubmissionAdequacy. 2019 Capital Project Management Workshop

15. Incurred Cost (cont.…) Adequacy Review We check the schedules listed under FAR 52.216-7(d)(2)(iii). Any missing or unreconcilable schedule will deem the submission as inadequate. Recommend self-assessment at http://www.dcaa.mil/incurred_cost_checklist.html. 2019 Capital Project Management Workshop

16. Contractor Performance Assessment Reporting (CPARS) • The Federal Acquisition Regulation (FAR) requires that contractor performance information be collected (FAR Part 42.15) and used in source selection evaluations (FAR Part 15). • Past Performance Evaluations are required for Contracts or Orders under the applicable thresholds specified in FAR 42.1502(a) through (f). • Past Performance Evaluations Prepared (FAR 42.1502) • Interim Evaluations - At Least Annually for all contracts or orders for all business sectors meeting the thresholds in FAR 42.1502. • Final Evaluations - At Time Work Under the Contract or Order is Completed • Past Performance Information (PPI) Shall Be Entered into CPARS 2019 Capital Project Management Workshop

17. CPARS (cont….) • Purposes: • Ensure Current, Complete, and Accurate Information on Contractor Performance Available for Use in Source Selections. • Support Best Value Source Selection Decisions – Awards for Proven Performers. • Provide Up-To-Date Documentation of Contractor’s Ability to Provide Quality, On-Time Products and Services that Conform to Contractual Requirements. • Motivate Improved Performance. • Support Responsibility Determinations of Prospective Contractors. 2019 Capital Project Management Workshop

18. CPARS (cont…) Reporting Frequency • New Contracts/Orders (First Interim Report) • Required if Period of Performance > 365 Days. • Must reflect evaluation at least 180 days of calendar days of performance. • Period of Performance Should be Consistent with Dates on FPDS Contract Action Report (CAR). • Annual Interim Reports • Required at least every 12 months throughout the period of performance up to final report. Can be updated with other reviews. • Required Upon: • Change in Program/Project Management Responsibility • Transfer of Contract, BOA, BPA to a Different Contracting Activity • Shall be Started Prior to Transfer of Assessing Responsibility 2019 Capital Project Management Workshop

19. CPARS (cont…) Reporting Frequency • Final Report • Required at Contract Completion: • Delivery of Final Major End Item • End of Period of Performance • End of Last Option Period Which Will be Exercised • Required Upon Contract Termination. • Final Period of Performance Greater Than 12 Months Must be Approved by Contracting Officer. 2019 Capital Project Management Workshop

20. CPARS (cont….) Evaluation Factors and Ratings Evaluation Factors (FAR 42.1503) Evaluation Ratings (42.1503) 2019 Capital Project Management Workshop

21. CPARS (cont….) Evaluation Process 2019 Capital Project Management Workshop

22. CPARS (cont..) Evaluation Process The entire evaluation process must be completed within 120 days following the end of the period of performance. This timeframe includes the CR’s 60-day comment period. 2019 Capital Project Management Workshop

23. 2019 PMO Requirement Overview • Indefinite Delivery Indefinite Quantity Contract (IDIQ) whereby Firm Fixed Price (FFP), Cost Plus Fixed Fee (CPFF), Cost Plus Award Fee (CPAF), or Labor Hours (LH) can be utilized. • 5 Year Period of Period of Performance. • Maximum value of all contracts shall not exceed $670M. • Guaranteed minimum is $25K which shall be issued via a single task order award at the time of the base contract award. 2019 Capital Project Management Workshop

24. 2019 PMO Requirement Overview (cont….) • Reserving at least 5 awards for small business. • Anticipated staggered awards 4th Quarter FY 2019. • Adequate Accounting System: • Must have and maintain an adequate accounting system in accordance with Generally Accepted Accounting Principles (GAAP), FAR 16.301, and Cost Accounting Standards (CAS). 2019 Capital Project Management Workshop

25. Questions 2019 Capital Project Management Workshop