16 6973GH-22-R-00016.pdf

SOLICITATION, OFFER AND AWARD

3. SOLICITATION TYPE1. CONTRACT NO. 2. SOLICITATION NUMBER

6. ISSUED BY CODE 7. ADDRESS OFFER TO (If other than Item 6)

5. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

PAGE OF PAGES

1 76

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

9. FOR

INFORMATION

CALL

CAUTION: LATE Submissions, Modifications and Withdrawals. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

10. TABLE OF CONTENTS

17. OFFER DATE16. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

14C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

14B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER14A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

13. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT PAYMENT the designated point(s), within the time specified in the schedule.

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 price set opposite each item , delivered at

11. 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

NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period .

OFFER (Must be fully completed by offeror)

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

27. AWARD DATE

(Signature of Contracting Officer)

26. CONTRACT AUTHORITY

24. PAYMENT WILL BE MADE BY

25. NAME OF CONTRACTING OFFICER (Type or print)

CODE 23. ADMINISTERED BY (If other than Item 6)

ITEM

(4 copies unless otherwise specified)

22. SUBMIT INVOICES TO ADDRESS SHOWN IN21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

20. ACCOUNTING AND APPROPRIATION19. AMOUNT18. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by CONTRACT AUTHORITY)

CODE

04/19/2022 X

AAQ0721-AFN

AAQ-721 LOGISTICS CENTER ACQ

FAA AERONAUTICAL CENTER

PO BOX 25082

BLDG 014-AHQ, ROOM 233A

OKLAHOMA CITY OK 73125

1600 CS 05/18/2022

Jason M. Perry 405 jason.m.perry@faa.gov

954-3141

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PAGE(S)

Jason M. Perry

6973GH-22-R-00016

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 76

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-22-R-00016

All Questions are due NLT 26 April 2022 by 1600

CST.

PROPOSAL is DUE NLT 18 May 2022 by 1600 CST.

For contract system administration purposes the following will reflect the PRISM CLIN structure that allows for the entry of specific requirements and funding at the individual delivery/task order level.

Reference "Attachment 2_Schedule B.xlsx" for specific pricing at the item level by contract period.

00001 BASE YEAR - EVALUATION, Sched B. (Attachment 2)

Evaluation, IAW SOW Sections 3.1

Electronic & IT: 03

FOB: Destination

00002 BASE YEAR - REPAIRS, Sched B. (Attachment 2)

Repairs, IAW SOW Sections 3.1

Electronic & IT: 03

FOB: Destination

00003 BASE YEAR - SPARES, Sched B. (Attachment 2)

Spares, IAW SOW Sections 3.2

Electronic & IT: 03

00004 BASE YEAR - TRAINING, Sched B. (Attachment 2)

Training, IAW SOW Sections 4.0

Electronic & IT: 03

00005 BASE YEAR - ENGINEERING, Sched B. (Attachment 2)

Eng Serv, IAW SOW Section 4.0

Electronic & IT: 03

00006 BASE YEAR - SHIPPING AND FREIGHT, Sched B.

(Attachment 2) Shipping, IAW SOW Section 9.0

Electronic & IT: 03

00007 BASE YEAR - TRAVEL, Sched B. (Attachment 2)

Travel, IAW SOW Section 12.0

Electronic & IT: 03

00008 BASE YEAR - OVER AND ABOVE, Not to Exceed amount in Sched B. O&A, SOW Section 8.0

Electronic & IT: 03

00009 MINIMUM ORDER 1 EA

Electronic & IT: 03

Continued ...

3 76

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-22-R-00016

00010 OPTION YEAR I - EVALUATION, Sched B. (Attachment

2) Evaluation, IAW SOW Sections 3.1

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

FOB: Destination

00011 OPTION YEAR I - REPAIRS, Sched B. (Attachment 2)

Repairs, IAW SOW Sections 3.1

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

FOB: Destination

00012 OPTION YEAR I - SPARES, Sched B. (Attachment 2)

Spares, IAW SOW Sections 3.2

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00013 OPTION YEAR I - TRAINING, Sched B. (Attachment 2)

Training, IAW SOW Sections 4.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00014 OPTION YEAR I - ENGINEERING, Sched B. (Attachment

2) Eng Serv, IAW SOW Section 4.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00015 OPTION YEAR I - SHIPPING AND FREIGHT, Sched B.

(Attachment 2) Shipping, IAW SOW Section 9.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00016 OPTION YEAR I - TRAVEL, Sched B. (Attachment 2)

Travel, IAW SOW Section 12.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

4 76

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-22-R-00016

00017 OPTION YEAR I - OVER AND ABOVE, Not to Exceed amount in Sched B. O&A, SOW Section 8.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00018 OPTION YEAR II - EVALUATION, Sched B. (Attachment

2) Evaluation, IAW SOW Sections 3.1

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

FOB: Destination

00019 OPTION YEAR II - REPAIRS, Sched B. (Attachment 2)

Repairs, IAW SOW Sections 3.1

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

FOB: Destination

00020 OPTION YEAR II - SPARES, Sched B. (Attachment 2)

Spares, IAW SOW Sections 3.2

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00021 OPTION YEAR II - TRAINING, Sched B. (Attachment

2) Training, IAW SOW Sections 4.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00022 OPTION YEAR II - ENGINEERING, Sched B.

(Attachment 2) Eng Serv, IAW SOW Section 4.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00023 OPTION YEAR II - SHIPPING AND FREIGHT, Sched B.

(Attachment 2) Shipping, IAW SOW Section 9.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-22-R-00016

Days After Award

00024 OPTION YEAR II - TRAVEL, Sched B. (Attachment 2)

Travel, IAW SOW Section 12.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00025 OPTION YEAR II - OVER AND ABOVE, Not to Exceed amount in Sched B. O&A, SOW Section 8.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00026 OPTION YEAR III - EVALUATION, Sched B.

(Attachment 2) Evaluation, IAW SOW Sections 3.1

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

FOB: Destination

00027 OPTION YEAR III - REPAIRS, Sched B. (Attachment

2) Repairs, IAW SOW Sections 3.1

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

FOB: Destination

00028 OPTION YEAR III - SPARES, Sched B. (Attachment 2)

Spares, IAW SOW Sections 3.2

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00029 OPTION YEAR III - TRAINING, Sched B. (Attachment

2) Training, IAW SOW Sections 4.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00030 OPTION YEAR III - ENGINEERING, Sched B.

(Attachment 2) Eng Serv, IAW SOW Section 4.0

Electronic & IT: 03

(Option Line Item)

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-22-R-00016

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00031 OPTION YEAR III - SHIPPING AND FREIGHT, Sched B.

(Attachment 2) Shipping, IAW SOW Section 9.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00032 OPTION YEAR III - TRAVEL, Sched B. (Attachment 2)

Travel, IAW SOW Section 12.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00033 OPTION YEAR III - OVER AND ABOVE, Not to Exceed amount in Sched B. O&A, SOW Section 8.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00034 OPTION YEAR IV - EVALUATION, Sched B. (Attachment

2) Evaluation, IAW SOW Sections 3.1

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

FOB: Destination

00035 OPTION YEAR IV - REPAIRS, Sched B. (Attachment 2)

Repairs, IAW SOW Sections 3.1

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

FOB: Destination

00036 OPTION YEAR IV - SPARES, Sched B. (Attachment 2)

Spares, IAW SOW Sections 3.2

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00037 OPTION YEAR IV - TRAINING, Sched B. (Attachment

2) Training, IAW SOW Sections 4.0

Electronic & IT: 03

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-22-R-00016

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00038 OPTION YEAR IV - ENGINEERING, Sched B.

(Attachment 2) Eng Serv, IAW SOW Section 4.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00039 OPTION YEAR IV - SHIPPING AND FREIGHT, Sched B.

(Attachment 2) Shipping, IAW SOW Section 9.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00040 OPTION YEAR IV - TRAVEL, Sched B. (Attachment 2)

Travel, IAW SOW Section 12.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

00041 OPTION YEAR IV - OVER AND ABOVE, Not to Exceed amount in Sched B. O&A, SOW Section 8.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 0

Days After Award

Section A - Solicitation/Contract Form Clauses

AC1047 ITEM FORM, FIT AND FUNCTION (JAN 1997)

(a) The item(s) to be purchased as a result of this SIR must be compatible as to form, fit, and function, with those items specified in Part I, Section B.

(b) If offers for items other than those identified herein are received, offerors of such items are hereby advised that proof of form, fit, and function, is the responsibility of the offeror. Such proof shall be submitted with the offer and form, fit, and function, must be ascertainable within a reasonable time in order to be considered on this acquisition.

(c) The FAA may or may not be able to timely evaluate offers for items other than those identified in this particular acquisition. However, offerors are encouraged to submit complete engineering/manufacturing data, prototypes, etc., which may be evaluated for form, fit, and function, on future acquisitions of the item(s) identified herein.

(d) The FAA reserves the right to reject any offer received on this SIR which cannot be evaluated for form, fit, and function, as originally received, within a reasonable time.

Section B - Supplies or Services/Prices Section B - Schedule

B.1 SECTION B - THE SCHEDULE

The contractor shall furnish all labor, facilities, materials and equipment, services, and transportation required to furnish the supplies and services set forth below in accordance with the terms, conditions, and provisions set forth herein. Details of the services to be furnished can be found at Section C herein and all other related attachments referenced at Section J.

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract. The precise quantities of supplies and services required are unknown and will be ordered as needed with the issuance of delivery/task orders. Estimated requirements are not a representation to an offeror or contractor that the estimated quantity will be ordered, or that conditions affecting requirements will be stable or normal. The only person authorized to either issue or modify task orders under this IDIQ contract is the Contracting Officer.

The minimum obligation under this contract is $5,000.00, subject to the availability of funds. This amount (at least) will be obligated on the first delivery/task order, issued concurrently with the contract. The Government has no obligation to order additional supplies services or issue additional task orders to the contractor beyond the minimum obligation specified above.

See "Attachment 2_Schedule B.xlsx" with the pricing detailed line item pricing for this contract.

Clause List

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

Clause List

C.1 SCOPE OF WORK

The contractor shall provide the supplies and services identified in SECTION B, Supplies or Services/Prices (Attachment 2) in accordance with the attached Statement of Work (Attachment 1), and with all other terms and conditions set forth herein.

Clause List

Section D - Packaging and Marking Clause List

AC2102 PRESERVATION, PACKAGING, PACKING AND MARKING (JUL 1997)

(a) All items unless otherwise specified shall be individually packaged to American Society for Testing and Materials (ASTM) D 3951 (packaging). Performance testing of packaging will be IAW ASTM D 4169 assurance level II distribution cycle 18.

(b) All items shall be marked IAW Mil STD 129 ‘Marking for Shipment and Storage’. Bar coding is required, 128 symbology is preferred; however, 3 of 9 will be accepted.

(c) Common hardware items shall be packaged in multiple unit pack quantities compatible with the unit of issue (UI) or Quantity per unit pack (QUP). BULK QUANTITIES ARE NOT ACCEPTABLE.

(d) The following paragraph concerns only Federal Aviation Administration (FAA) items that are shipped to a contractor for repair:

The FAA will endeavor to ship all items in reusable containers. All items shall be returned to the FAA in the same or equal (see A. above) containers. In those instances where material is shipped in specialized containers (plastic/fiberglass shipping cases, metal crates, etc.), that material will be returned in the original container. If an FAA-owned container is not reusable, the contractor shall notify the Contracting Officer, offer to furnish a new comparable container, and state its price. At its option, the FAA may accept the contractor's offer, or independently furnish a suitable shipment container.

Copies of the ASTMs can be attained from:

ASTM

100 Barr Harbor Dr.

West Conshohocken, PA 19428

(610) 832-9500

Copies of Mil STD 129 can be attained from:

DODSSP

Customer Service

Standardization Documents Order Desk

700 Robbins Avenue Building 4D

Philadelphia, PA 19111-5094

Section E - Inspection and Acceptance Clause List

3.10.4-2 INSPECTION OF SUPPLIES - FIXED PRICE (NOV 1997)

3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR

1996)

3.10.4-5 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (APR 1996)

3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)

AC1908 INSPECTION AND ACCEPTANCE AT DESTINATION (JUN 2015)

(a) Final inspection and acceptance shall be at destination.

(b) Although source inspection by the Government is not anticipated under this contract, the provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled AMS 3.10.4-2 Inspection of Supplies - Fixed Price (Nov-97)

Section F - Deliveries or Performance Clause List

3.2.2.8-3 DELIVERY OF EXCESS QUANTITIES (APR 1996)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

3.11-34 F.O.B. DESTINATION (APR 1999)

3.11-53 F.O.B. POINT FOR DELIVERY OF GOVERNMENT FURNISHED PROPERTY (APR 1999)

3.2.2.8-2 VARIATION IN QUANTITY (OCT 2019)

(a) A variation in the quantity of any contract item will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation must be limited to: 0 % increase and 0% decrease (Contracting Officer insert percentages). This permissible variation must be limited to n/a *

*Contracting Officer insert the designations(s) to which the percentages apply, such as (1) the total contract quantity, (2) item 1 only, (3) each quantity specified in the delivery schedule, (4) the total item quantity for each destination, or (5) the total quantity of each item without regard to destination.

(End of clause)

AC0168 AUTHORIZED PERFORMANCE (JUL 2015)

The execution of a contract shall not constitute authority for the contractor to commence performance. Performance shall be ordered by the issuance of a formal delivery order by an authorized Contracting Officer of the Mike Monroney Aeronautical Center. Orders issued orally or by written telecommunications shall reference a formal delivery order number and shall be confirmed by issuance of the formal delivery order.

AC1137 CHANGE TO INDIVIDUAL DELIVERY ORDER SCHEDULE (JAN 1997)

(a) The delivery schedule(s) of all delivery orders issued hereunder shall be established in accordance with the terms of the contract.

(b) In the event that the Contractor fails to deliver in accordance with the established delivery schedule(s) and if such failure is not due to an excusable delay as defined in the Default clause of this contract, the Government and the Contractor may at the Government's option, negotiate a revised delivery schedule(s) in exchange for adequate consideration to the Government. A contract modification will not be required, but the delivery order(s) shall be amended in writing accordingly.

(c) A delivery order change or amendment made pursuant to this clause shall not affect the delivery schedule(s) of any other delivery order(s) issued under this contract.

(d) This clause shall not limit the Government's rights under the Default clause.

AC1604 CONTRACT PERIOD (JUN 2015)

The effective period of this contract is 1 year from date of award with four one-year option periods.

AC1817 ACCELERATED DELIVERY (JAN 1997)

Any Schedule for delivery or performance may be expedited at the contractor's option, if without additional expense to the Government.

Section G - Contract Administration Data Clause List

3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)

AC0116 OPTION TO EXTEND SERVICES (JUN 2015)

The Government may unilaterally exercise its option to extend the term of the contract for performance of specified services pursuant to Section I, AMS Clause 3.2.4-34, Option to Extend Services , by written notice to the contractor not later than the expiration date of the current contract period.

AC0135 INVOICING PROCEDURES - GENERAL (JAN 2017)

(a) In addition to the requirements set forth at AMS Clause 3.3.1-17, Prompt Payment, for the submission of a proper invoice, the contractor shall submit a separate invoice for (1) each month of performance of services, or (2) those items of supplies furnished, as follows:

(1) The original to: 9-AMC-AMZ-FAA-APInvoices@faa.gov (Preferred) or mail to:

DOT/FAA AMK-311/314

P.O. Box 25710

Oklahoma City, OK 73169-0710

(2) One Copy to jason.m.perry@FAA.gov or:

FAA, Mike Monroney Aeronautical Center

Office of Acquisition Services (AAQ-(insert routing symbol))

P.O. Box 25082

Oklahoma City, OK 73l25

(3) One Copy to Donald.Brown@faa.gov or:

FAA, Mike Monroney Aeronautical Center

Donald Brown

P.O. Box 25082

Oklahoma City, OK 73l25

(b) Each invoice shall highlight the following information:

(1) Contract number and applicable Delivery Order number.

(2) Noun description of services and/or supplies, including applicable line item number(s) and quantity(s) that were provided.

(3) Extended totals for invoiced quantities.

(c) All contractors invoicing services to the FAA in labor hours shall maintain on file, and submit when required for verification or audit, certified time logs showing a daily start and ending work times, the daily total of productive hours charged to the contract, a daily entry for any non-productive work-hours and cumulative totals for each pay period.

AC2604 INCREMENTAL FUNDING (JAN 1997)

(a) The Government reserves the right to incrementally fund this contract on a periodic basis to promote efficiency in the utilization of fiscal allotments through the routine budget process or the use of interim funding measures such as under congressional ""continuing resolution"" procedures.

(b) Delivery orders will be periodically issued to provide a not-to-exceed amount of funds. Such amount will be sufficient to cover contract performance for the period specified in the order, plus an estimated cost for terminating the contract should additional funds not be available to continue performance under the contract.

(c) This clause becomes inoperative when the contract period is fully funded.

AC4530 WARRANTY - COMMERCIAL PRODUCTS (JUN 2015)

(a) The contractor warrants that the products (‘products’ includes equipment, fabrication processes, raw or finished materials, and intermediate assemblies) conform to contract requirements. The contractor also warrants that products are free of design defects (except defects in FAA-provided final designs) and defects in materials or workmanship.

(b) The contractor shall replace or repair any products which fail in operation within 12 months from the date of receipt. The Contracting Officer will give written notice of any defect or nonconformance to the contractor within a reasonable period of time after discovery. Replacements of contract items shall be made promptly and on an FOB destination basis. FAA will install replacements at no expense to the contractor.

(c) Products replaced under the provisions of this warranty shall remain the property of FAA unless the contractor wishes to obtain ownership. In this case, the contractor shall notify FAA of such in writing not later than the date of receipt by FAA of the replacement products. The contractor is responsible for packaging and shipping costs.

(d) The rights and remedies of FAA provided in this clause are in addition to and do not limit any rights afforded to FAA by any other clause of this contract or under applicable Federal or State law, including the Uniform Commercial Code.

AC4550 DELIVERIES TO THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (JUL

2015)

(a) Security procedures at the MMAC require that all mail, materials, packages or parcels of any kind be delivered to a central screening point, for inspection by the FAA. This affects mail and other deliveries destined for all organizations located on MMAC property, including government organizations, contractors and permit holders.

After passing security inspection, the mail or material may be handled and delivered by the FAA. FAA will make every reasonable effort to conduct inspections and handle items in a careful manner so as to avoid damage or delay.

(b) This inspection is for the benefit of the FAA only. The FAA makes no representation that any material passing inspection is without hazard, poses no threat, or that it conforms in form, fit, function or quantity to the expectations of the intended recipient.

(c) The FAA shall not be liable for any 1) loss, damage or shortage of any mail or materials, 2) injury, or 3) delay in performance resulting from such inspection and handling, unless liable under the Federal Tort Claims Act (28 U.S.C. 2671-2680).

(d) Any item destined for the contractor that fails to pass inspection remains the property of the contractor, who is responsible for its disposition and coordination with law enforcement agencies as necessary.

Section H - Special Contract Requirements Clause List

H.1 CONTRACTOR EMPLOYEE ACCESS

(a)Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5,United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1)Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto acce (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2)Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, "Policies and Procedures of Safeguarding and Control of SSI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3)Information designated as "For Official Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4)Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b)"Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c)Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d)The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e)Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f)The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(g)Before receiving access to IT resources under this contract the individual must receive a security briefing, which the Contracting Officer’s Representative (COR) will arrange, and complete any nondisclosure agreement furnished by DHS.

(h)The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved inwriting by the COR, is strictly prohibited. In the event of violation of this provision, the FAA will take appropriate actions with regard to the contract and the individual(s) involved.

(i)Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE).

(j)Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS and FAA harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

(k)Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of DHS IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department’s Chief Security Officer (CSO) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

(1)There must be a compelling reason for using this individual as opposed to a U. S. citizen; and

(2)The waiver must be in the best interest of the Government.

(l)Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

(End of clause)

H.2 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY

If the Contracting Officer notifies the Contractor in writing that a strike or picketing: (a) is directed at the Contractor or subcontractor or any employee of either; and (b) impedes or threatens to impede access by any person to a DHS facility where the site of the work is located, the Contractor shall take all appropriate action to end such strike or picketing, including, if necessary, the filing of a charge of unfair labor practice with the National Labor Relations Board or the use of other available judicial or administrative remedies.

(End of clause)

H.3 CONTRACT ORDERS FOR OVER-AND-ABOVE TASKS AND PROCEDURES

(a) The Contracting Officer (CO) may issue contract orders for over-and-above or miscellaneous tasks during the performance period of the contract. Concurrent accomplishment of more than one task at a time may be required.

The contractor shall perform the tasks in the priority order unless written approval is received from the CO to deviate from the priority order.

(b) Over and above (O&A) tasks will be issued upon completion of the following sequence of action:

(1) The CO will issue a request for task proposal.

(2) The contractor will submit a task proposal to the CO including:

(A) A proposed technical/management plan (if requested)

(B) A milestone schedule (if requested)

(C) Proposed completion date

(D) Proposed travel costs

(E) A breakdown of the proposed labor hours and costs by labor category

(c) Each task will be negotiated by the CO and, when mutual agreement is reached, a contract modification will be issued.

(1) Each contract order for an over and above task will contain the following information:

(A) An appropriate contract order number

(B) A description of the services to be performed

(C) Any special requirements relating to the specific task to be performed

(D) Period of performance

(E) Price

(d) The CO may issue O&A tasks under this contract at any time within the term of this contract. The contractor will be given a minimum of 5 working days to commence work under any task issued unless otherwise negotiated (except in the case of emergencies).

(e) Whenever, in the opinion of the CO, the need for services is an emergency, the CO may issue a contract order for an O&A task directing the contractor to proceed with performance of the work specified. Such contract modification will specify a ceiling price. The contractor will submit a task proposal within 10 calendar days from the date of receipt of the contract order. Following receipt of the contractor’s proposal, negotiations will be conducted to establish a price.

(f) Any completion type task issued during the term of this contract and not completed within the term specified in the applicable contract order, shall be completed by the contractor within the term of the contract.

H.4 SECURITY PROCEDURES

A. Controls

1. The Contractor shall comply with the U.S. Customs and Border Protection (CBP) administrative, physical and technical security controls to ensure that the Government’s security requirements are met.

2. All Government furnished information must be protected to the degree and extent required by local rules, regulations, and procedures. The Contractor shall comply with all security policies contained in CBP Handbook 1400-05C, Information Systems Security Policies and Procedures Handbook.

3. All services provided under this contract must be compliant with the Department of Homeland Security (DHS) information security policy identified in DHS Management Directive (MD) 4300.1, Information Technology Systems Security Program and DHS 4300A, Sensitive Systems Handbook.

4. All Contractor employees under this contract must wear identification access badges when working in CBP facilities. Prior to Contractor employees’ departure/separation, all badges, building passes, parking permits, keys and pass cards must be given to the Contracting Officer’s Technical Representative (COTR). The COTR will ensure that the cognizant Physical Security official is notified so that access to all buildings and facilities can be revoked.

NOTE: For contracts within the National Capitol Region (NCR), the Office of Internal Affairs, Security Management Division (IA/SMD) should be notified if building access is revoked.

5. All Contractor employees must be registered in the Contractor Tracking System (CTS) database by the Contracting Officer (CO) or COTR. The Contractor shall provide timely start information to the CO/COTR or designated government personnel to initiate the CTS registration. Other relevant information will also be needed for registration in the CTS database such as, but not limited to, the contractor’s legal name, address, brief job description, labor rate, Hash ID, schedule and contract specific information. The CO/COTR or designated government personnel shall provide the Contractor with instructions for receipt of CTS registration information.

Additionally, the CO/COTR shall immediately notify IA/SMD of the contractor’s departure/separation.

6. The Contractor shall provide employee departure/separation date and reason for leaving to the CO/COTR in accordance with CBP Directive 51715-006, Separation Procedures for Contractor Employees. Failure by the Contractor to provide timely notification of employee departure/separation in accordance with the contract requirements shall be documented and considered when government personnel completes a Contractor Performance Report (under Business Relations) or other performance related measures.

B. Security Background Investigation Requirements

1. In accordance with DHS Management Directive (MD) 11055, Suitability Screening Requirements for Contractors, Part VI, Policy and Procedures, Section E, Citizenship and Residency Requirements, contractor employees who require access to sensitive information must be U.S. citizens or have Lawful Permanent Resident (LPR) status. A waiver may be granted, as outlined in MD 11055, Part VI, Section M (1).

2. Contractor employees that require access to DHS IT systems or development, management, or maintenance of those systems must be U.S. citizens in accordance with MD 11055, Part VI, Section E (Lawful Permanent Resident status is not acceptable in this case). A waiver may be granted, as outlined in MD 11055, Part VI, Section M (2).

3. Provided the requirements of DHS MD 11055 are met as outlined in paragraph 1, above, contractor employees requiring access to CBP facilities, sensitive information or information technology resources are required to have a favorably adjudicated background investigation (BI) or a single scope background investigation (SSBI) prior to commencing work on this contract. Exceptions shall be approved on a case-by-case basis with the employee’s access to facilities, systems, and information limited until the Contractor employee receives a favorably adjudicated BI or SSBI. A favorable adjudicated BI or SSBI shall include various aspects of a Contractor employee’s life, including employment, education, residences, police and court inquires, credit history, national agency checks, and a CBP Background Investigation Personal Interview (BIPI).

4. The Contractor shall submit within ten (10) working days after award of this contract a list containing the full name, social security number, place of birth (city and state), and date of birth of employee candidates who possess favorably adjudicated BI or SSBI that meets federal investigation standards.. For employee candidates needing a BI for this contract, the Contractor shall require the applicable employees to submit information and documentation requested by CBP to initiate the BI process.

5. Background Investigation information and documentation is usually submitted by completion of standard federal and agency forms such as Questionnaire for Public Trust and Selected Positions or Questionnaire for National Security Positions; Fingerprint Chart; Fair Credit Reporting Act (FCRA) form; Criminal History Request form; and Financial Disclosure form. These forms must be submitted to the designated CBP official identified in this contract.

The designated CBP security official will review the information for completeness.

6. The estimated completion of a BI or SSBI is approximately sixty (60) to ninety (90) days from the date of receipt of the properly completed forms by CBP security office. During the term of this contract, the Contractor is required to provide the names of contractor employees who successfully complete the CBP BI or SSBI process. Failure of any contractor employee to obtain and maintain a favorably adjudicated BI or SSBI shall be cause for dismissal. For key personnel, the Contractor shall propose a qualified replacement employee candidate to the CO and COTR within 30 days after being notified of an unsuccessful candidate or vacancy. For all non-key personnel contractor employees, the Contractor shall propose a qualified replacement employee candidate to the COTR within 30 days after being notified of an unsuccessful candidate or vacancy. The CO/COTR shall approve or disapprove replacement employees. Continuous failure to provide contractor employees who meet CBP BI or SSBI requirements may be cause for termination of the contract.

C. Security Responsibilities

1. The Contractor shall ensure that its employees follow the general procedures governing physical, environmental, and information security described in the various DHS CBP regulations identified in this clause. The contractor shall ensure that its employees apply proper business practices in accordance with the specifications, directives, and manuals required for conducting work under this contract. Applicable contractor personnel will be responsible for physical security of work areas and CBP furnished equipment issued under this contract.

2. The CO/COTR may require the Contractor to prohibit its employees from working on this contract if continued employment becomes detrimental to the public’s interest for any reason including, but not limited to carelessness, insubordination, incompetence, or security concerns.

3. Work under this contract may require access to sensitive information as defined under Homeland Security Acquisition Regulation (HSAR) Clause 3052.204-71, Contractor Employee Access, included in the solicitation/contract. The Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the CO.

4. The Contractor shall ensure that its employees who are authorized access to sensitive information, receive training pertaining to protection and disclosure of sensitive information. The training shall be conducted during and after contract performance.

5. Upon completion of this contract, the Contractor shall return all sensitive information used in the performance of the contract to the CO/COTR. The Contractor shall certify, in writing, that all sensitive and non-public information has been purged from any Contractor-owned system.

D. Notification of Contractor Employee Changes

1. The Contractor shall notify the CO/COTR via phone, facsimile, or electronic transmission, immediately after a personnel change become known or no later than five (5) business days prior to departure of the employee.

Telephone notifications must be immediately followed up in writing. Contractor’s notification shall include, but is not limited to name changes, resignations, terminations, and reassignments to another contract.

2. The Contractor shall notify the CO/COTR and program office (if applicable) in writing of any proposed change in access requirements for its employees at least fifteen (15) days, or thirty (30) days if a security clearance is to be obtained, in advance of the proposed change. The CO/COTR will notify the Office of Information and Technology (OIT) Information Systems Security Branch (ISSB) of the proposed change. If a security clearance is required, the CO/COTR will notify IA/SMD.

E. Non-Disclosure Agreements

When determined to be appropriate, Contractor employees are required to execute a non-disclosure agreement (DHS Form 11000-6) as a condition to access sensitive but unclassified information.

[End of Clause]

H.5 SPECIAL SECURITY REQUIREMENT – CONTRACTOR PRE-SCREENING

1. Contractors requiring recurring access to Government facilities or access to sensitive but unclassified information and/or logical access to Information Technology (IT) resources shall verify minimal fitness requirements for all persons/candidates designated for employment under any Department of Security (DHS) contract by pre-screening the person /candidate prior to submitting the name for consideration to work on the contract. Pre-screening the candidate ensures that minimum fitness requirements are considered and mitigates the burden of DHS having to conduct background investigations on objectionable candidates. The Contractor shall submit only those candidates that have not had a felony conviction within the past 36 months or illegal drug use within the past 12 months from the date of submission of their name as a candidate to perform work under this contract. Contractors are required to flow this requirement down to subcontractors. Pre-screening involves contractors and subcontractors reviewing:

a. Felony convictions within the past 36 months. An acceptable means of obtaining information on felony convictions is from public records, free of charge, or from the National Crime Information Center (NCIC).

b. Illegal drug use within the past 12 months. An acceptable means of obtaining information related to drug use is through employee self certification, by public records check; or if the contractor or subcontractor already has drug testing in place. There is no requirement for contractors and/or subcontractors to initiate a drug testing program if they do not have one already in place.

c. Misconduct such as criminal activity on the job relating to fraud or theft within the past 12 months. An acceptable means of obtaining information related to misconduct is through employee self certification, by public records check, or other reference checks conducted in the normal course of business.

2. Pre-screening shall be conducted within 15 business days after contract award. This requirement shall be placed in all subcontracts if the subcontractor requires routine physical access, access to sensitive but unclassified information, and/or logical access to IT resources. Failure to comply with the pre-screening requirement will result in the Contracting Officer taking the appropriate remedy.

Definition: Logical Access means providing an authorized user the ability to access one or more computer system resources such as a workstation, network, application, or database through automated tools. A logical access control system (LACS) requires validation of an individual identity through some mechanism such as a personal identification number (PIN), card, username and password, biometric, or other token. The system has the capability to assign different access privileges to different persons depending on their roles and responsibilities in an organization.

[End of Clause]

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 contract.

(c) 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)

3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JAN 2022)

(a) Definitions.

(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.

(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.

(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:

(i) The awarding of any Federal contract.

(ii) The making of any Federal grant.

(iii) The making of any Federal loan.

(iv) The entering into of any cooperative agreement.

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.

(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an…