1 Final SIR No. 693KA9-26-R-00009.pdf

Federal Aviation Administration (FAA) 800 Independence Avenue SW, Washington, DC 20591

See Section L.4

9. See Section L for proposal submittal instructions.

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L of Submittals, AMS 3.2.2.3-14. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

9-AFN-AWA-AAQ460-Contracting- Team@faa.gov

AREA CODE

NUMBER

EXT.

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTIO

N

PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1

I CONTRACT CLAUSES 32-78

B SUPPLIES OR SERVICES AND PRICES/COSTS 2-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 5-10

J LIST OF ATTACHMENTS 79

D PACKAGING AND MARKING 11 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 12

K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS 80-94

F DELIVERIES OR PERFORMANCE 13-15

G CONTRACT ADMINISTRATION DATA 16-20

L INSTRS., CONDS., AND NOTICES TO OFFERORS 95-112

H SPECIAL CONTRACT REQUIREMENTS 21-31

M EVALUATION FACTORS FOR AWARD 113-123

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at AMS 3.2.2.3-2, Minimum Offer Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, AMS 3.3.1-6)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. RESERVED 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

FAA 4400-81 (01/23)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER RATING

UNDER DPAS (15 CFR 7900)

PAGE OF PAGES

1 123

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

693KA9-26-R-00009

4. RESERVED 5. DATE ISSUED

6. REQUISITION/PURCHASE NUMBER

N/A

7. ISSUED BY CODE AAQ460-AFN 8. ADDRESS OFFER TO (If other than item 7)

AST Environmental Support Services SIR No. 693KA9-26-R-00009

Section B - Supplies or Services and Price/Cost

PART I - SECTION B

SUPPLIES/SERVICES & PRICE/COST

B.1 GENERAL

The purpose of this Time & Material (T&M) contract is to provide expert consultative services for the Federal Aviation Administration’s (FAA’s) Office of Commercial Space Transportation (AST) to facilitate compliance with FAA regulations, National Environmental Policy Act (NEPA), and other environmental regulations and executive orders and allow the FAA to keep pace with industry demands for access to space via licensing and permitting actions. The Contractor must provide all management, supervision, labor, facilities, equipment, material supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for, or incident to, the performance of the requirements set forth in Section C of this contract.

B.2 BASE AND OPTION PERIODS

The term of this contract includes a one (1) year base period and four (4) one-year option periods for a total of up to five (5) years.

B.3 MAXIMUM CONTRACT LIMITATION

The maximum cumulative dollar ceiling value of this contract is $TBD.

B.4 CONTRACT TYPE

This is a Time and Materials (T&M) type contract.

B.5 CLIN STRUCTURE

The following section provides the Pricing/CLIN structure for this contract. Services performed under all CLINs in this Section must be in accordance with Section C, Statement of Work.

Base Year – CLIN 0001

SCLIN 0001A – Labor Services SCLIN 0001B – Travel Support SCLIN 0001C – Materials/Other Direct Costs

Option Year 1 – CLIN 1001

SCLIN 1001A – Labor Services SCLIN 1001B – Travel Support SCLIN 1001C – Materials/Other Direct Costs

Option Year 2 – CLIN 2001

SCLIN 2001A – Labor Services SCLIN 2001B – Travel Support SCLIN 2001C – Materials/Other Direct Costs

Option Year 3 – CLIN 3001

SCLIN 3001A – Labor Services SCLIN 3001B – Travel Support SCLIN 3001C – Materials/Other Direct Costs

Option Year 4 – CLIN 4001

SCLIN 4001A – Labor Services SCLIN 4001B – Travel Support SCLIN 4001C – Materials/Other Direct Costs

B.6 CONTRACT PRICING

(a) Billing Rates The labor billing rates in Attachment *J001, Labor Rate Tables reflect fully burdened hourly rates for each labor category and will apply to all direct labor hours regardless of whether the labor hour is expended by the Contractor or by one of its subcontractors. The labor rates are fully burdened and include direct labor and all indirect costs applicable, including fringe benefits, overhead, G&A, and profit. The billing rates are based on performance at the Contractor (or subcontractor) site and must include applicable indirect costs for office space and all normal supplies and services required to support the work.

This includes, but is not limited to, telephones, faxes, copiers, personal computers, postage, ordinary business software, such as word processing, spreadsheets, graphics, etc., normal copying and reproduction costs.

(b) No Change to Rates if Subcontractors are Added or Deleted The fixed hourly labor rates, in Attachment J001, Labor Rate Tables, represent the billing hourly rates of the Contractor and all its subcontractors. The fixed hourly labor rates in Attachment J001 will not change after the contract award even if a subcontractor is removed by the Contractor or a new subcontractor is added by the Contractor to its team.

The fixed hourly labor rates represent the blended hourly rates of the Contractor and all of its subcontractors. The fixed hourly labor rates will not change after the contract award even if a subcontractor is removed by the Contractor or a new subcontractor is added by the Contractor to its team.

(c) Materials / Other Direct Costs

1) Materials are defined as:

a) Direct materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

b) Subcontracts for supplies and incidental services for which there is no labor category specified in the contract.

c) Other Direct Costs (ODC) (e.g., incidental services for which there is no labor category specified in the contract, travel, computer usage charges, etc.); and,

d) Applicable indirect costs.

2) Indirect costs may be applied to materials in accordance with the Contractor’s established accounting practices.

(d) Travel

If authorized in the TO, the FAA will reimburse the Contractor for travel at actual direct costs in accordance with the limitations set forth in G.9 Travel Reimbursement. No profit is allowed for travel. Indirect costs may be applied to travel in accordance with the Contractor’s established accounting practices.

B.7 ADDITIONAL LABOR CATEGORIES

At any time and throughout the life of the contract, at the request of the Government, the Contractor may propose additional labor categories, rates and descriptions necessary to support requirements of this contract. These additional labor categories, rates, and descriptions will be negotiated on a case-by-case basis. The additional categories, rates and descriptions proposed, upon determination by the Government that they are necessary for the scope of the effort, and that the prices are fair and reasonable, may be incorporated into Attachment J001, Labor Rate Tables.

(End of Section B)

Section C – Description/Specifications/Work Statement

PART II - SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ADVANCED SAFETY ANALYSIS SUPPORT

C.1 BACKGROUND:

The mission of the Federal Aviation Administration’s Office of Commercial Space Transportation (FAA/AST) is to ensure protection of the public, property, and the national security and foreign policy interests of the United States during commercial launch or reentry activities, and to encourage, facilitate, and promote U.S. commercial space transportation. The FAA oversees the licensing, regulation, and safety of the commercial space launches, reentries, and other space-related activities. Per the commercial space transportation regulations at 14 CFR Parts 400, the FAA is responsible for complying with the National Environmental Policy Act (NEPA) and other applicable environmental laws, regulations, and executive orders prior to issuing a launch or reentry vehicle or site license or experimental permit to a commercial operator. As part of this compliance process, the FAA is required to analyze the potential environmental effects of proposed licensed and permitted actions. Mission critical consultative services are necessary to supplement the skill sets of FAA’s staff by reviewing and developing critical technical products that are required to support the FAA’s environmental analysis and licensing and permitting decisions.

C.2 PURPOSE:

The purpose of this contract is to provide expert consultative services for FAA/AST to facilitate compliance with FAA regulations, NEPA, and other environmental regulations and executive orders and allow the FAA to keep pace with industry demands for access to space via licensing and permitting actions.

C.3 SCOPE OF WORK:

The scope of this Statement of Work is as follows.

• Review and comment on license and permit applications submitted to AST for compliance with applicable environmental laws, including NEPA;

• Review and comment on rules developed by AST for compliance with applicable environmental laws, including NEPA; and

• Conduct, develop, or prepare environmental studies, reports, guidance, and analyses related to the environmental effects of space launches and reentries.

• Support public and stakeholder involvement and outreach requirements to facilitate the environmental review of licensing and permitting actions.

C.4 REQUIREMENTS:

AST requires expert consultative support in the area of environmental analysis of space launch and reentry transportation activities and overall performance and evaluation of the environmental review program.

Therefore, the contractor must:

C.4.1 Review and comment on environmental documentation developed by license applicants, or their contractors, to support new commercial space launch or reentry license applications or new launch site or reentry site operator license applications. The Contracting Officer’s Representative (COR) may request the Contractor to revise the documentation per comments received and/or develop supplemental information as appropriate.

C.4.2 Review and comment on environmental documentation developed by license applicants, to support commercial space launch or reentry license renewal applications or commercial space launch site or reentry site operator license renewal applications. The COR may request the Contractor to revise the documentation per comments received and/or develop supplemental information as appropriate.

C.4.3 Review and comment on mitigation compliance documentation developed by commercial space licensees and/or permitees. The COR may request the Contractor to revise the documentation per comments received and/or develop supplemental information as appropriate.

C.4.4 Review and comment on environmental documentation developed by commercial space applicants, or their contractors, to support new experimental permit applications. The COR may request the Contractor to revise the documentation per comments received and/or develop supplemental information as appropriate.

C.4.5 Review and comment on environmental documentation developed by commercial space applicants to support experimental permit renewal applications. The COR may request the Contractor to revise the documentation per comments received and/or develop supplemental information as appropriate.

C.4.6 Conduct, develop, or review studies, reports, guidance, and analyses associated with AST’s Environmental Review Program as requested by the COR.

C.4.7 Review and comment on noise methodologies, assessments, and effects associated with commercial space launch vehicle operations. The COR may request the Contractor to revise the documentation per comments received and/or develop supplemental information as appropriate.

C.4.8 Develop or review public and stakeholder involvement and outreach materials, along with providing public and agency meeting planning, coordination, and implementation support for environmental, licensing, and permitting actions related to commercial space. The COR may request the Contractor to revise the documentation per comments received and/or develop supplemental information as appropriate.

C.4.9 Review and comment on rules developed by AST for compliance with applicable environmental laws, including NEPA. The COR may request the Contractor to revise the documentation per comments received and/or develop supplemental information as appropriate.

C.4.10 Maintain an electronic record of (in MS Word or Adobe Acrobat form) all final environmental documentation and reference materials, to include supporting the development of administrative records associated with litigation and Freedom of Information Act (FOIA) requests. The Contractor must submit an index of documents at least annually, or as requested by the COR.

C.4.11 Submit a monthly report on all work performed, hours expended, and products prepared per project, not later than the 15th day of the month following the reporting period. The contractor must participate in meetings with AST to review the overall environmental review program. Meetings will be conducted at AST or contractor facilities on a bi-monthly basis or as specified by the COR.

C.5. DELIVERABLES:

(a) All applicable deliverables, their required delivery dates, destination of delivery, and schedule for completion of work to be performed will be specified in Section F this contract, as applicable.

(b) For purposes of delivery, all deliverables must be made by close of business (COB) 4:30 P.M. local time (Washington, DC) at destination, Monday through Friday, unless stated otherwise.

(c) All deliverables submitted in electronic format must be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file must be provided within two (2) business days after notification of the presence of a virus. All deliverables must be submitted in a format approved by the COR.

(d) If the deliverable cannot be provided within the scheduled period per contract terms, the contractor is required to contact the Contracting Officer’s Representative (COR) in writing with a reason for the delay and the proposed revised schedule. The request for a revised schedule must include the impact on related tasks and the overall project. A request for a revised schedule must be reviewed and approved by the Contracting Officer. Approval may be subject to penalties, costs, and other actions based on the facts related to the request for a revised schedule.

C.6. PERSONEL QUALIFICATIONS:

The professional labor categories and skill levels required to support the requirements identified in Section C.4 are as follows:

Commercial Job Title:

Principal Consultant /Program Manager

Minimum/General Experience:

A minimum of eight (8) years of successful program management experience on government or corporate environmental support contracts. At least fifteen (15) years of successful experience in National Environmental Policy Act (NEPA) work.

Functional Responsibility:

The Principal Consultant serves as the contractor’s single contract manager, and is the contractor’s authorized interface with all contract and technical Government personnel.

Responsible for developing and managing contractor schedules, supervising all other contractor personnel assigned to the project and ensuring delivery of deliverables on schedule. Primarily responsible for successful execution of contract and maintenance and provision of project management reports

Minimum Education:

A Master’s degree or higher in engineering, mathematics, science, statistics, space studies, environmental science from an accredited university

Senior Consultant/Project Manager

Minimum/General Experience:

At least five (5) years’ experience of progressively increasing responsibility in leading teams in NEPA document preparation.

At least ten (10) years of successful experience in NEPA work.

Functional Responsibility:

The Senior Consultant serves as the day-to-day manager of one or more projects or sub-tasks. May work individually, but more typically will lead and manage a small project team.

Minimum Education:

A Master’s degree or higher in environmental science, environmental management, engineering, mathematics, science, or statistics from an accredited university.

Mid-Level Consultant/Project Manager

Minimum/General Experience:

At least three (3) years’ experience of progressively increasing responsibility in leading teams in NEPA document preparation.

At least five (7) years’ experience of progressively increasing responsibility in environmental analysis and/or preparing of NEPA documentation.

Functional Responsibility:

Provides expertise and professional judgment in the preparation and review of environmental documentation. Performs literature research, conducts technical analyses of environmental impact areas, develops mitigation plans.

Minimum Education:

A Master’s degree or higher in environmental science, engineering, mathematics, science, or statistics from an accredited university.

Consultant

Minimum/General Experience:

At least five (5) years’ experience of progressively increasing responsibility in environmental analysis and/or preparing of NEPA documentation.

Functional Responsibility:

Provides expertise and professional judgment in the preparation and review of environmental documentation. Performs literature research, conducts technical analyses of environmental impact areas, develops mitigation plans.

Minimum Education:

A Bachelor’s Degree or higher in environmental science, engineering, mathematics, science, or statistics from an accredited university.

Junior Consultant

Minimum/General Experience:

At least two (2) years’ experience in the area of environmental analysis.

Functional

Responsibility:

Provides expertise and professional judgment in the preparation and review of environmental documentation. Performs literature research, conducts technical analyses of environmental impact areas, develops mitigation plans.

Minimum

Education:

A BS degree or higher in environmental science, engineering, mathematics, science, or statistics from an accredited university

Researcher

Minimum/General

Experience:

At least two (2) years of environmentally related work experience.

Functional

Responsibility:

Works under close supervision. Contributes to draft sections of deliverables. Incorporates review comments into final deliverables. Coordinates progress with other work team members. Performs data collection (survey work, library research, computer research).

Minimum

Education:

A Bachelor’s Degree in areas such as business, information technology, public policy, engineering, economics, social sciences, physical sciences or related disciplines

Clerical Assistant

Minimum/General Experience:

Experienced in use of general office productivity software such as Microsoft Word.

Functional Responsibility:

Works under close supervision. Prepares final versions of correspondence and other documents from drafts. Performs filing duties. Makes travel arrangements. Makes meeting arrangements.

Minimum Education:

A high school diploma or GED. 40 wpm typing. Training in Microsoft Office or similar.

Part I – The Schedule Section D – Packaging and Marking

PART III - SECTION D

PACKAGING AND MARKING

D.1 PACKING AND PACKAGING

All deliverables under this contract must be preserved and packaged in accordance with the most economical and best commercial practices to assure delivery at the destination and to prevent deterioration and damage due to shipping, handling and storage hazards.

D.2 GENERAL MARKING

In addition to information provided with shipping instructions, all deliverables must be marked on the outside of the packaging with the following:

1. FAA contract number;

2. Contractor's name and address; and

3. List of contents.

D.3 TRANSMISSION OF DELIVERABLES

All deliverable items required by this contract will be shipped F.O.B. destination, within the consignee’s premises, with all mailing and transport expenses prepaid by the Contractor.

(End of Section D)

Section E – Inspection and Acceptance

PART IV - SECTION E

INSPECTION AND ACCEPTANCE

E.1 FAA AMS 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

(JULY 2019)

This screening information request (SIR) 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 Offeror’s and Contractors may obtain the full text via Internet at:

https://fast.faa.gov/contractclauses.cfm

The following contract clause or clauses pertinent to this section are hereby incorporated by reference:

3.10.4-5 Inspection - Time-and-Material and Labor-Hour (April 1996) 3.10.4-15 Certificate of Conformance (April 1996)

E.2 INSPECTION AND ACCEPTANCE

(a) The CO, or his or her duly authorized representative, is authorized to perform inspection on behalf of the Government for the purpose of acceptance of all materials, data, or services to be provided. In this regard, the Contracting Officer’s Representative (COR) is an authorized representative of the CO. Final acceptance of all deliverables under this contract must be made by the CO or designee, in writing.

(b) Inspection, review or the anticipation of acceptance/approval of a deliverable item during the course of its preparation must not be construed as assurance of acceptance of the finished product.

(End of Section E) https://fast.faa.gov/contractclauses.cfm

Section F – Deliverables or Performance

PART V - SECTION F

DELIVERIES OR PERFORMANCE

F.1 FAA AMS 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 (CO) will make the full text available, or Offerors and Contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm

The following contract clause or clauses pertinent to this section are hereby incorporated by reference:

3.10.1-9 Stop-Work Order (April 2025) 3.10.1-11 Government Delay of Work (April 1996) 3.10.1-24 Notice of Delay (March 2009) 3.11-34 F.O.B. Destination (April 1999)

F.2 PERIOD OF PERFORMANCE

The period of performance for the base year will begin on the date of award or the effective date of the contract.

Base Year Date of Award through 12 months thereafter Option Year One 13th month through 24th month Option Year Two 25th month through 36th month Option Year Three 37th month through 48th month Option Year Four 49th month through 60th month

The contract period of performance is effective upon execution of the contract by the Contractor and the FAA CO. If the Government elects to exercise any of the available Option periods, written notification of the Government’s intent to exercise an option will be provided to the Contractor in accordance with the procedures in AMS 3.2.4-35 Option to Extend the Term of the Contract. The Government reserves the right to exercise an Option period unilaterally in accordance with Sections B and F of this contract and at rates and estimated values established in Section B.

F.3 PLACE OF PERFORMANCE

Place of performance is the Contractor’s facility.

F.4 DELIVERABLES

The following are deliverables that are required in connection with this contract:

Deliverables SOW Paragraph Date Due/Frequency Addressee

All Final Environmental Documentation

4.10 TBD COR

Monthly Report 4.11 Month as of 15th day following the reporting period

COR and Contracting Officer

F. 4 3.8.2-22 Substitution or Addition of Personnel (October 2006)

(1) The Contractor must assign only those individuals whose resumes, personnel data, or personnel qualification statements have been submitted and determined by the Contracting Officer to meet the minimum requirements of the contract. The Contractor must not substitute or add personnel except in accordance with this clause.

(2) Substitution of Personnel.

(a) For the first [CO to insert information] days of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.

(b) If an individual becomes, for whatever reason, unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or is expected to devote substantially less effort to the planned work, the Contractor must propose a substitute personnel as required by paragraph (4) below.

(3) Addition of Personnel. If an FAA requirement will increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract, then the Contractor must notify the Contracting Officer to add personnel to the designated labor category. The Contractor must request added personnel as required by paragraph (4) below.

(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least 60 days (if a security clearance must be obtained, at least 30 days) before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer. Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel.

(5) The Contracting Officer may terminate the contract if the Contractor has not made suitable, timely, and reasonably forthcoming replacement of personnel who have been reassigned or terminated or otherwise become unavailable to work under the contract or the resulting loss of productive effort would impair the successful completion of the contract. Alternatively, if the Contracting Officer finds the Contractor to be at fault for the condition, then the Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor's action.

(End of Section F)

Section G – Contract Administrative Data

PART VI - SECTION G

CONTRACT ADMINISTRATION DATA

G.1 FAA AMS 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 (CO) will make the full text available, or Offerors and Contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm The following contract clause or clauses pertinent to this section are hereby incorporated by reference:

3.10.1-22 Contracting Officer’s Representative (April 2012)

G.2 CONTRACT ADMINISTRATION (FAA)

a. Contracting Officer:

FEDERAL AVIATION ADMINISTRATION

Attn: AAQ 460 800 Independence Avenue, S.W., Room Email: 9-AFN-AWA-AAQ460-Contracting-Team@faa.gov

b. Contracting Officer’s Representative

(COR):

FEDERAL AVIATION ADMINISTRATION

Attn: To be provided at time of award

800 Independence Avenue, S.W. Washington, DC 20591

G.3 CONTRACTING OFFICER’S AUTHORITY

The CO 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. In this regard, the CO is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the CO 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, the said authority remains solely with the CO.

The Contractor must immediately notify the CO for clarification when a question arises regarding the authority of any person to act for the CO under the contract or when the Contractor receives direction that appears outside contract scope.

It is the responsibility of the Contractor to contact the CO immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. Costs incurred that were not authorized by the CO and work outside the scope of the contract must be considered unallowable costs and will not be reimbursed by the Government.

G.4 CONTRACTING OFFICER’S REPRESENTATIVE

The COR is responsible for the technical administration of the contract and is the technical liaison with the Contractor. The COR is not authorized to change the scope of work or specifications in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms and conditions of the contract.

The COR is responsible for monitoring progress and overall technical management of the work hereunder and must be contacted regarding questions or problems of a technical nature.

In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the CO be effective or binding upon the Government, unless a contract modification or letter of direction is executed by the CO prior to completion of this contract.

On all matters that pertain to contract terms, the Contractor will contact the CO. When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract, the Contractor must promptly notify the CO. The Contractor under such request must take no action unless and until the CO has issued a letter of direction or a contract modification.

G.5 CORRESPONDENCE PROCEDURES

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

(a) Technical correspondence of a routine nature must be addressed to the COR with an information copy of the correspondence to the CO listed in Section G.2.

(b) Other considerations including technical correspondence involving technical issues and correspondence proposing or otherwise involving waivers, deviations or modifications to the contract, must be addressed to the CO listed in Section G.2, with information copies to the

COR.

(c) All correspondence must include the contract .

G.6 ELECTRONIC COMMUNICATIONS

The Contractor must assure an electronic means for communicating with FAA personnel. The

Contractor must ensure that the communications are compatible with the FAA’s electronic mail system which is currently MS Outlook. The Contractor must also ensure that the Contractor’s electronic mail has the capability to receive and retrieve attachments.

All contract reports/deliverables, including invoices, must be made in electronic format with all linkages and interdependencies readily traceable.

G.7 BILLING INSTRUCTIONS

The Contractor must submit all invoices using the Department of Transportation’s (DOT’s) Delphi eInvoicing system pursuant to Section I AMS clause 3.3.1-40, Electronic Submission of Payment Requests (INTERIM December 2025).

G.8 ALLOWABILITY AND PAYMENT OF SELECTED ITEMS OF COST UNDER

THIS CONTRACT

(a) Training: The Government will not allow costs, nor reimburse costs associated with the Contractor training employees in an effort to attain and/or maintain minimum personnel qualification requirements of the contract. Other training may be approved on a case-by-case basis. Attendance at workshops or symposiums is considered training for the purposes of this clause.

(b) General Purpose Office Equipment (GPOE) and Information Technology (IT): The cost of acquisition of GPOE and IT will not be allowable as direct charges to this contract. The Contractor is expected to have the necessary GPOE and IT required to perform work under this contract. GPOE means equipment normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc. IT means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, movement, control, display, switching, interchange, transmission, or reception of data or information. IT includes computers, ancillary equipment, software, firmware and similar products, services (including support services), and related resources.

(c) Only costs expended in support of specific approved work is allowable under this contract.

G.9 TRAVEL REIMBURSEMENT

G.10.1 Reimbursement

The Contractor will only be reimbursed for travel expenses that are allocable, allowable, and reasonable. All Contractor travel must be identified, except as otherwise provided herein, the Contractor must be reimbursed for travel on the basis of actual expenses incurred subject to the FAA Contract Cost Principles and AMS Clause 3.3.2-1, FAA Cost Principles, and subject to the following:

• All travel whether it is 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 reimburse the Contractor in accordance with the FAA Contract Cost Principles for domestic transportation.

• Reimbursable travel includes only that travel (commercial carrier, or private automobile or auto rental) performed from the Contractor’s facilities to the site of work, between worksites, and from the site of work to the Contractor’s facilities.

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.

• Relocation costs and travel costs incidental to relocation must be approved in advance by the FAA CO in order to be reimbursable under this contract.

• The Contractor must use alternate airports where available and within a reasonable commuting distance if it will result in lower costs.

• The Contractor must conduct a cost analysis prior to the start of travel to determine the overall most cost effective means of transportation.

G.10.2 Per-Diem

The Contractor will be reimbursed for the expense of meals, lodging, transportation between places of lodging or business and places where meals are taken, and any other miscellaneous travel and living expenses incurred in the performance of this contract at the per diem rate as set forth in the FAA Contract Cost Principles. Per Diem must be payable only when the Contractor’s employee is in an authorized travel status. The per diem rate must be established in accordance with the FAA Contract Cost Principles. Receipts are required for all Per Diem Expenses exceeding $75.00. If the Contractor can demonstrate to the FAA CO that copies of receipts can be made available upon request, the CO may waive the requirement to submit receipts over $75.00.

G.10.3 Contractor Travel

To the maximum extent practicable, and consistent with travel requirements, the Contractor must use the most economical transportation rates available.

G.10 RELEASE OF GOVERNMENT OBLIGATION

The Contractor, and each assignee under an assignment entered into under this contract, and in effect at the time of final payment under this contract, must execute and deliver, as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:

Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement by the Contractor; and

Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the CO not more than one (1) year after the date of the release or the date of any notice to the Contractor that the FAA is prepared to make final payment, whichever is earlier.

G.11 CONTRACTOR’S REMITTANCE ADDRESS

Contractor’s remittance address and banking information is contained in the Contractor’s System for Award Management (SAM) records. Contractor is responsible for maintaining the currency of this information.

G.12 REPORTS OF PROBLEMS

In addition to any contract reporting requirements, the Contractor must bring actual or potential problems to the attention of the CO and/or COR as soon as they are known. Oral reports must be followed by written narrative.

In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless a contract modification or letter of direction is executed by the Contracting Officer prior to completion of this contract.

On all matters that pertain to contract terms, the Contractor will contact the Contracting Officer. When the COR requests effort that may be outside the existing scope of the contract, the Contractor must promptly notify the Contracting Officer. The Contractor under such request will take no action unless and until the Contracting Officer has issued a letter of direction or a contract modification. (See also section G.2 above)

G.13 INTERPRETATION OR MODIFICATION

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

(End of Section G)

Section H – Special Contract Provisions

PART VII - SECTION H

SPECIAL CONTRACT PROVISIONS

H.1 FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES

INCORPORATED IN FULL TEXT

3.1.9-1 Electronic Commerce and Signature (JUL 2020)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between: (1) Contracts written on paper and contracts in electronic form;

(2) Pen-and-ink signatures and electronic signatures; and (3) Other legally-required written records and the same information in electronic form.

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant

(a) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash

Algorithm 1 (SHA-1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section 5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015.

Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications: Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

(End of Clause)

3.8.2-17 Key Personnel and Facilities (July 2019)

(a) The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract.

(b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the Contractor must notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and must submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(c) No diversion will be made by the Contractor without the written consent of the Contracting Officer.

(d) The key personnel and/or facilities under this contract are:

Principal Consultant /Program Manager

Senior Consultant/Project Manager

(End of clause)

3.13-15 Confidentiality of Data and Information (November 2016)

(a) In performance of this contract, the contractor and any of its subcontractors, may need access to and use various data and information in the possession of the Government. This data and information may have been obtained under conditions which restrict the Government's right to use and disclose this data and information or which may be adverse to the interests of the Government or other parties if it is disseminated or used in a capacity other than in performance of this contract. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless it is already publicly available; or (2) use for any purpose other than the performance of this contract any data or information which bears a restrictive marking or legend which the contractor has gained access to through the performance of this contract, or information that should be marked according to FAA Order 1600.75 "Protecting Sensitive Unclassified Information (SUI)". For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form.

(b) In the event the work required to be performed under this contract requires access to proprietary data and information of other companies, the contractor must obtain agreement from such other companies for such use unless such data are provided or made available to the contractor by the Government. Two copies of such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use and disclosure of the proprietary data and information as well as any other terms and conditions to be agreed upon between the parties thereto. It is agreed by the contractor that any such data or information, whether obtained by the contractor pursuant to the aforesaid agreement or from the Government, must be protected from unauthorized use by or unauthorized disclosure to any individual, corporation, or organization so long as it remains proprietary.

(c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information as required above. The contractor must obtain from each employee in connection with this contract a signed Non-Disclosure Agreement. This agreement must provide that the employee will not, during employment or anytime thereafter, disclose or use for current or future benefit of any party any of the data (to include any form of Sensitive Unclassified Information (SUI) described in FAA Order 1600.75) or information not publicly available received in connection with the work under the contract.

(d) The contractor agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third-party data or software by the contractor, its employees, subcontractors, or agents.

(e) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that: (1) the contractor considers this clause to be inappropriate and unnecessary in the case of a particular subcontract; (2) the contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition and the reason why; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.

(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information described above obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company. The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed. The FAA reserves the right to audit the deletion. The FAA must provide notice of the audit 10 calendar days prior to the audit.

(g) These restrictions do not limit the contractor's (or subcontractor's) right to use and disclose any data and information obtained from another source without restriction.

H.2 REPRESENTATIONS AND CERTIFICATIONS

Representations and Certifications executed by the Contractor under Section K herein and included in the response to the SIR must be deemed to be incorporated herein by reference and made a part of the contract.

H.3 INTERPRETATION OF CONTRACT (NOTICE OF AMBIGUITIES)

(a) This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto, constitute the parties' complete agreement, and no other prior or contemporaneous agreements either written or oral must be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language, but must be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(b) It is the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time, any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with such obligations may be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies and conflicts.

H.4 FAA RIGHT TO PERFORM OR CONTRACT

The Government…