2022 FCT SIR Section H FINAL.pdf

SOURCE SELECTION SENSITIVE DRAFT SIR

PART I – SECTION H

SPECIAL CONTRACT REQUIREMENTS

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H.1 CERTIFICATION OF CONTROLLERS

This clause must apply if the air traffic controllers to be employed under this contract have not been certified to perform at the premises under a contract existing immediately prior to the contract period of this contract. During a period not to exceed 30 days after contract startup, one or more representatives of the FAA will be available at the premises to certify those air traffic controllers who qualify to perform under this contract, as described in the SOW. If a full complement of air traffic controllers has not qualified for certification within the first 30 days of the contract period, the contract may be terminated for default under the terms of Clause

3.10.6.4 "Default (Fixed Price Supply and Service)."

H.2 REPORT TO WORK

Given the essential nature of air traffic control services, contractor ATC personnel are expected to make a reasonable effort to report for work during hazardous geological/weather conditions; however, they are not expected to disregard their personal safety or that of others in attempting to report for work. Contractor ATC personnel who are unable to report for duty must notify their facility as soon as possible. If it is determined, in coordination with their FAA District Point of Contact, that hazardous geological/weather conditions exist or are imminent, Contractor Facility Managers/Supervisors must take actions to release operational personnel from duties as soon as operational requirements permit or delay the arrival for duty. Notification of these actions must be accomplished in accordance with the Statement of Work requirements.

H.3 RIGHT OF FIRST REFUSAL FOR FAA CONTROLLERS

The contractor must offer right of first refusal to FAA controllers who desire to remain at their current sites and accept employment with the contractor.

This must include FAA controllers who retire as a result of Congressional buyout legislation. The right of first refusal must be for a period up to 30 days prior to the contractor's reporting date.

(a) This clause applies to the extent that this contract requires contractor employees.

H.4 RELEASE AND DISSEMINATION OF INFORMATION

The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without prior written

H-2 consent of the Contracting Officer. Except as required by law or regulation, no news release, public announcement, or advertising material concerned with this contract must be issued by the contractor without prior written consent of the COR or the Contracting Officer. Two (2) copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for review prior to publication.

H.5 ENFORCEMENT ACTIONS

The contractor agrees that all actions taken by the FAA in enforcement are pursuant to those specified in applicable regulations and are sovereign acts of the United States.

H.6 CONFIDENTIALITY OF DATA AND INFORMATION

(a) The Contractor, in performance of this contract, may have need for access to and use of various types of data and information in the possession of the Government which the Government obtained under conditions which restrict the Government's right to use and disclose the data and information, or which may be of a nature that its dissemination or use other than in the performance of this contract, would be adverse to the interests of the Government or other parties. Therefore, the Contractor agrees 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 the Government has otherwise made the data and information available to the public; and

(2) Use for any purpose other than the performance of this contract that data which hears a restrictive marking or legend.

(b) In the event the work required to be performed under this contract requires access to proprietary data of other companies, the Contractor must obtain agreement from such other companies for such use unless such data is 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 of disclosure, and other terms and conditions to be agreed upon between the parties thereto. It is agreed by the Contractor that any such data, whether obtained by the Contractor pursuant to the aforesaid agreement or from the Government, must be protected from unauthorized use or disclosure to any individual, corporation, or organization so long as it remains proprietary.

(c) Through formal training in company policy and procedures, the Contractor agrees to make employees aware of the requirement to maintain confidentiality of

H-3 data and information, as required above, to the end that they will be disciplined in the necessity to refrain from divulging either the proprietary data of other companies or data that is obtained from the Government to anyone except as authorized. The Contractor must obtain from each employee, engaged in any effort connected with this contract, an agreement, in writing, which must in substance provide that such employee will not, during his/her employment by the Contractor, or thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual any trade secrets, confidential information, or proprietary/restricted data (to include Government "For Official Use Only") received in connection with the work under this 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 and its employees.

(e) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under the contract. the Contractor must return all such data and information 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 Contracting Officer that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to a company), have been deleted from the Contractor's records and destroyed.

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

H.7 LICENSES AND PERMITS

The contractor must, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations, in connection with the execution of the work.

H.8 FAA SUPPLEMENTAL STAFFING FOR SPECIAL EVENTS

The Government reserves the right to assign FAA controllers for supplemental staffing whenever the FAA determines that that special operations or other non-recurring unscheduled activities or events require such augmentation.

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H.8.1 The FAA Headquarters Program Office or Terminal Service Center Office will coordinate with the Contractor in advance to provide details such as number of controllers assigned, assignment dates, and supervisory responsibilities.

H.8.2 The FAA will ensure that FAA personnel are onsite for the duration of the event to act as a focal point and provide leadership. When present, FAA personnel assume ATC operational responsibilities. Operational use of FCT personnel to support the event will be at the discretion of the associated District in coordination with the FCT air traffic manager. At no time will contractor personnel be responsible for supervision of FAA personnel nor will FAA supervise contractor personnel.

H.8.3 The FAA retains liability for the actions of all FAA personnel during the event.

The contractor retains liability for the actions of contractor personnel in accordance with FAA Order 7210.54 "FAA Contract Tower Operation and Administration".

H.9 UNRESTRICTED ACCESS

The contractor grants unto the Government the right of unrestricted access to facility sites at all times during the term of this contract.

H.10 GOVERNMENT-FURNISHED EQUIPMENT (GFE)

The Government will provide the contractor with an itemized inventory of GFE for each FCT in accordance with SOW Section C.5.1. The contractor must acknowledge custody of GFE by signing the inventory and must relinquish custody of GFE to the Government upon request. The Contractor must promptly notify the Contracting Officer in writing of any property that is excess to the needs of the Contractor to complete performance of the contract. The Contractor must dispose of such items as directed or authorized by the Contracting Officer.

H.11 PERSONAL SERVICES

No personal services must be performed under this Contract. No contractor employee will be directly supervised by the Government. All individual contractor employee assignments and daily work direction must be given by the applicable contractor supervisor. If the contractor believes that any Government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the contractor must promptly notify the Contracting Officer of this communication or action.

The contractor must not perform any inherently Governmental actions under this Contract. No contractor employee must hold him or herself out to be a Government employee, agent or representative. No contractor employee must state orally or in

H-5 writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, contractor employees must identify themselves as contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with the contract, the contractor employee must state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The contractor must ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause must limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier.

H.12 ADHERENCE TO PLANS

The contractor must adhere to the following plans as submitted unless the FAA approves a subsequent modification:

1. Staffing Plans

2. Facility Training Plan

3. Quality Assurance Program Plan

4. Contingency Plan

5. Phase-In/Phase-Out Plan

6. Security Plan

7. Alcohol Misuse Prevention Program Plan

8. Drug Testing Program Plan

9. Safety Management System Plan

H.13 OPTION CLINS

During the period of performance of the contract, the FAA anticipates the need to add additional sites to the areas. The option CLINS in Part I – Section B, for each area, gives FAA the flexibility to do that based on the proposed estimated price of the CLIN. The proposed estimated price of the CLIN is based on providing a minimum of four (4) FTEs. FAA realizes that more than four (4) FTEs may be required to staff the site. Therefore no CLIN may be exercised until the plans in clause H.12, along with a detailed proposal, have been submitted and approved. The proposed estimated price of the contract will be adjusted accordingly. FAA reserves the right under the provisions of AMS clause 3.10.1-12 Alternate II, to exercise these options multiple

H-6 times for each area during the period of performance of the contract.

H.14 COST SHARING PROGRAM

The cost sharing program affords those control towers that are presently in the FCT program, but whose Benefit/Cost (B/C) ratio has fallen below 1.0, an opportunity to enter into a cost-share arrangement with the FAA. The cost share allows the FCT whose B/C ratio is below 1.0 to remain in the Program by agreeing to pay a portion of the cost of providing ATC services based on the site's B/C ratio. For example, an airport with a B/C ratio of 0.75 would pay 25% of the cost of contract operation and the FAA would pay the remaining 75%. Currently, Congress has placed a 20% cap on the airport sponsor’s share.

An agreement between the contractor and the operating airport and an agreement between the FAA and the operating airport provides for contractor operating costs. A modification (signed by the FAA Contracting Officer and the Contractor) will be issued to incorporate both of the above-mentioned agreements. The agreement between the FAA and the operating airport will be included under Section J of the contract. Terms for the administration of the Cost Sharing Program will be addressed in the result and above-mentioned agreements

H.15 SUBCONTRACTORS/CONSULTANTS

Before employment of any subcontractor/consultant under this contract, the Contractor must obtain the written approval of the Contracting Officer. The notification for consent to subcontract must be submitted, in writing. 60 days in advance, to the Contracting Officer. In requesting such approvals, the Contractor must furnish all pertinent information required by the Contracting Officer, which may include, but not be limited to, the name or names of individuals or companies under consideration, extent of the proposed employment, the unexecuted subcontract document, any potential conflict of interest and the rate of reimbursement. Consent to subcontract any portion of the contract must not relieve the contractor of any responsibility under the contract.

The Contracting Officer has sole responsibility for approving subcontracts and consultant agreements. If consent is given to subcontract, the contractor must obtain the Contracting Officer's written approval before making any substitution of subcontractors or consultants.

H.16 CONTINUITY OF SERVICES, AMS 3.8.2-11 (OCTOBER 2018)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them.

The Contractor agrees to:

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(1) Furnish phase-in training and

(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor must, upon the CO's written notice:

(1) Furnish phase-in, phase-out services for up to 90 days after this contract expires and

(2) Negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan must specify a training program and a date for transferring responsibilities for each division of work described in the plan, and must be subject to the CO's approval. The Contractor must provide sufficient experienced personnel during the phase- in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor must allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor must also disclose necessary personnel records and allow the successor to conduct onsite interviews with these employees. If selected employees are agreeable to the change, the Contractor must release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor must be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

H.17 SERVICE CONTRACT REQUIREMENTS AS TO VACATION PAY

H.17.1 Employee credit for service with a Predecessor Contractor

This paragraph applies if the contract wage determination contains a provision referring to a "successor" contractor, e.g., "1 week paid vacation after 1 year of service with a contractor or successor." "Successor" as used in such provisions means the contractor on this contract when the contractor employs, without a break in service, a service employee formerly employed by the immediately preceding contractor under a similar Government contract at the same location ("predecessor contractor"). Consequently, if the contractor employs without a break in service, any service employee who was employed by it's predecessor contractor for similar work at the same location, the contractor in computing the employee's "year of service" must include all continuous service for the predecessor contractor subsequent to the later of the following dates: (1) the date of employment by the predecessor contractor; or (2) if. while employed by the predecessor contractor, the employee had an anniversary date or dates on which the

H-8 employee became entitled to vacation benefits, the most recent of such employee's full vacation benefit on such anniversary date even though during part of the "year of service- the employee had been employed by the predecessor contractor.

H.17.2 When Predecessor Contractor Not Involved

This paragraph applies if the contract wage determination does not refer to a "successor" contractor, but contains a provision such as "1 week paid vacation after I year of service with an employer." The term "an employer" in such provision means the contractor on this contract. The contractor in computing a service employee's "year of service" must include all continuous service performed by the employee subsequent to the later of the following dates: (I) the date of employment by the contractor, or (2) the employee's most recent anniversary date for which paid vacation was granted.

H.17.3 Part - time Employees

If the contract wage determination contains either type of provisions quoted in paragraph H.17.1 or H.17.2, above, part-time service employees working a regularly scheduled work week must receive a paid vacation on a pro-rata basis. For example, an employee who has worked for the contractor two days per week for a year or, without a break in service, the contractor and a predecessor contractor where the wage determination contains language like that quoted in H.16.1, above, must be entitled to two days paid vacation of two-fifths of the vacation benefits to which full time-time employees are entitled.

H.17.4 Break In Service

For the purpose of this provision, the term "break in service" does not include an employee's change in employment status from an employee of a predecessor contractor to an employee of a contractor.

H.18 AVIATION OPERATIONS INSURANCE

The FAA will procure aviation operations insurance coverage for the FCT locations. This insurance will provide $10,000,000 coverage per occurrence with no aggregate limit. All claims above $10 million are the responsibility of the contractor. Contractors providing ATC services at the FCT locations will be named insureds. Sponsor provided airports may be additional insurers under the policy. The contractor has the option of purchasing aviation operations insurance over and beyond the $10M provided by the FAA, as a supplemental/secondary policy. The insurance referenced exclusively in this clause means coverage for personal injury or property damage resulting from Air Traffic Control operations provided at the FCT locations. Contractors are required to provide all other types of insurance enumerated in Clause H.19, "Insurance".

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H.19 INSURANCE

This clause excludes that coverage described in H.18 above:

(a) During the term of this contract and any extension, the contractor must maintain at its own expense the insurance required by this clause. Policies must include all terms and provisions required by the Federal Aviation Administration.

(b) The contractor must maintain and furnish evidence of the following insurance, with the stated minimum limits:

(1) Worker's Compensation and Employer's Liability. The contractor must comply with applicable Federal and State workers' compensation and occupational disease statutes.

The contractor must maintain employer's liability coverage of at least $100,000, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(2) Automobile Liability. If automobiles will be used in connection with performance of this contract, the contractor must maintain automobile liability insurance written on a comprehensive form of policy with coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(3) Aircraft Liability. If Contractor aircraft will be used in connection with performance of this contract, the contractor must maintain aircraft public and passenger liability insurance with coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury must be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(4) Watercraft Liability. When watercraft will he used in connection with performing the contract, the contractor must provide watercraft liability insurance. Limits must be at least $1,000,000 per occurrence. The policy must include coverage for owned, non-owned and hired watercraft.

(5) Environmental Impairment Liability. When the contract may involve hazardous wastes, the contractor must provide environmental impairment liability insurance with coverage of at least $1.000,000 bodily injury per occurrence and $1,000,000 property damage per occurrence. Such insurance must include coverage for the clean up, removal, storage, disposal, transportation, and use of pollutants.

(6) Medical Malpractice. When the contract will involve health care services, the contractor must maintain medical malpractice liability insurance with coverage of at

H-10 least $500,000 per occurrence.

(c) Each policy must include substantially the following provision:

"It is a condition of this policy that the company furnish written notice to the U.S.

Federal Aviation Administration 30 days in advance of the effective date of any reduction in or cancellation of this policy."

(d) The contractor must furnish a certificate of insurance or, if required by the Contracting Officer, true copies of liability policies and manually countersigned endorsements of any changes, including the FAA's contract number to ensure proper filing of documents.

Insurance must be effective, and evidence of acceptable insurance furnished, before beginning performance under this contract. Evidence of renewal must be furnished not later than five days before a policy expires.

(e) The maintenance of insurance coverage as required by this clause is a continuing obligation, and the lapse or termination of insurance coverage without replacement coverage being obtained will be grounds for termination for default. (End of clause)

H.20 INDEMNITY (GOVERNMENT NEGLIGENCE EXCEPTED)

The Contractor must be responsible for and must indemnify and hold the Government harmless in connection with any loss or liability from damage to or destruction of property (including Government furnished property) or from injuries to or death of persons (including the agents and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused by performance of work under this contract, unless such damage, destruction, injury or death is caused solely by the active negligence of the Government. The liability of the Government will be determined by application of the Federal Tort Claims Act. The Contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed on Government premises in whole or in part. This clause does not apply to accidents caused by defects or deficiencies in supplies delivered under this contract.

H.21 CONTRACTOR TESTIMONY

All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to:

(a) any work required by, and/or performed under this contract, or

(b) any information provided by any party to assist the Contractor in the performance of this contract, H-11 must be immediately reported to the Contracting Officer. Neither the Contractor nor its employees must testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge in a final court order.

H.22 ATTORNEY/CLIENT PRIVILEGE

During performance of this contract, the Contractor may be required to attend meetings at which FAA employees seek and receive legal advice from FAA attorneys. The FAA intends, and the Contractor agrees, that such advice is to be treated as confidential legal advice, that the Contractor will not discuss such legal advice with non-FAA personnel, that such advice will not be included in notes, written reports, or minutes of such meetings and that for purposes of asserting the Attorney-Client privilege with regard to such information, the Contractor must be considered an agent of the FAA.

In the event of litigation or any other legal proceeding, involving third parties to which the Contractor is not a named party, the Contractor must support the FAA by promptly providing to the FAA any documents requested which the Contractor may have in its possession, and by making Contractor employees available to assist FAA for any purpose, including but not limited to attendance at depositions or testimony at hearings.

This provision does not preclude the Contractor or the Contractor employees from being represented by Counsel retained by the Contractor or the Contractor employee, provided such representation is at no direct cost to the Government.

H.23 MAINTENANCE OF RECORDS AND LITIGATION SUPPORT

The Contractor must maintain all records, notes, memoranda, correspondence, and Government documents, upon which notes or annotations have been made. These records must be maintained for a minimum of two (2) years following contract closeout, or longer if required by the Contracting Officer and needed for the completion of any litigation or hearings. The records must be freely delivered to the FAA upon request, and must not be withheld by the contractor for any reason. The Contractor waives any statutory rights it may have for withholding the documents.

In addition, the Contractor must support the FAA in litigation to whatever extent required by the FAA. In the event any request for support to the FAA occurs after the period of performance of the contract, separate contractual arrangements will be made for costs incurred.

H.24 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

H-12 the scope of his/her authority, must be interpreted as modifying or otherwise affecting the terms of this contract. All requests for interpretation or modification must be made in writing to the Contracting Officer.

H.25 REPRESENTATIONS AND CERTIFICATIONS

Representations and Certifications executed by the Contractor under Section K of SIR DTFAWA-XX-X-XXXXX, and included in the Contractor's response to SIR DTFAWA-XX-X-XXXXX must be deemed to be incorporated herein by reference and made a part of this contract.

The incorporation specifically includes the prime contractor's completed Section K certifications dated.

H.26 ADHERENCE TO PERFORMANCE LEVEL STAFFING PLAN AND

LABOR HOURS

In performance of this effort, the contractor must comply with its staffing plan and provide labor hours at the contract full performance level as indicated in the staffing plans and "FCT Contract Labor Rates and Hours" which will be added to Section J upon contract award. Full performance level is defined as actual hours worked (direct labor hours of the prime contractor) exclusive of vacation, holiday and sick leave, to satisfy 100% of the hours negotiated. Because situations may arise that cause the contractor not to meet the full performance level, a performance range of plus or minus 2% of the negotiated hours will be addressed on a firm fixed price basis. Any level of performance outside this performance range will be addressed on a level of effort basis. When the contractor provides labor hours less than or more than the full performance range, downward or upward price adjustments must be made. If the contractor provides labor hours that exceeds 102% and does not obtain approval from the Contracting Officer, FAA will not make an upward adjustment. At the end of each fiscal year, price adjustments must be made to the contract subject to the following limitations:

Adjustments in price for air traffic control specialists labor hours may be made when the actual hours worked exceeds 102%, and must be made when the actual hours worked are less than 98% of the full performance level labor hours as indicated in the staffing plans and "FCT Contract Labor Rates and Hours" attachment which will be incorporated at time of contract award. Only when prior approval has been obtained from the Contracting Officer will an upward adjustment be made above the 102%. For example, the full performance level is 8,000 hours yearly at a site. The contractor’s records indicate that 8,200 hours were actually provided during the year. If approved, the FAA will pay the contractor for 40 hours worked in excess of 8,160 hours including overhead, fringe benefits and profit (102 % of 8,000 hours=8,160 hours; Full performance range is 7,840 to

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8,160, i.e., 8,200 hours – 8,160 hours = 40 hours). If the contractor works less than 7,840 hours, the contract amount will be reduced for each hour not worked.

The contractor may work within the full performance range of 98% to 102%, without the Contracting Officer's prior approval. The contractor must obtain the Contracting Officer's prior approval if the contractor does not plan or forecast to work within the full performance range of 98% to 102%. When the contractor provides working hours that exceeds 102% and does not notify the Contracting Officer, FAA must not make upward price adjustments.

Upward and downward adjustments are subject to hourly pay, fringe benefits, overhead, general and administrative expenses and profit, on a dollar for dollar basis.

H.27 TRAVEL & SUBSISTENCE

(a) Travel must be reimbursed IAW Federal Acquisition Regulation

(FAR 31.205-46).

(b) All travel, whether it be within the continental United States or outside the continental United States, must be accomplished by commercial carrier, privately-owned automobile or auto rental and the cost paid by the Contractor. The Government will reimburse the Contractor IAW the General Services Administration's (GSA) Federal Travel Regulations for domestic transportation on the basis of actual cost if by commercial or Government carrier, and at the current rate per mile, plus road and bridge tolls, when travel is performed by private automobile. The GSA Federal Travel Regulation, Section 301-11.101, establishes the allowance for M&IE as follows: When travel is more than 12 but less than 24 hours, the allowance is 75% of the applicable M&IE rate. When travel is 24 hours or more, the allowance is 75% of the applicable M&IE rate on the day of departure and the last day of travel, and 100% of the applicable M&IE rate for each full day of travel."

(c) The travel reimbursable herein includes only that travel (commercial carrier, or private automobile or auto rental) performed from the Contractor's plant to the site of work, between the sites of work, and from the site of work to the Contractor's plant. 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.

H.28 KEY PERSONNEL AND FACILITIES, AMS 3.8.2-17 (JULY 2019)

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(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:

Operations Manager

[List key personnel and/or facilities]

(End of clause) Operations Manager

Minimal Qualifications: Ten years of experience in the functional area of Air Traffic Control.

Functional responsibility: The contractor must provide an Operations Manager that will be responsible for directing, controlling and reporting on all FCT performance areas under the jurisdiction of the contractor. The Operations Manager must immediately notify the FCT Program Office concerning incidents affecting NAS operational safety. The Operations Manager must be responsible for mitigation planning for all FCT performance areas to insure compliance with FAA orders and procedures and make mitigation plans available to the FCT Program Office, as directed. The Operations Manager must maintain strong working relationships with the FCT Program Office, FAA Service Area POC’s, Service Area organizations associated with FAA ATC operations, and FAA District Offices.

H.29 SMALL, SMALL DISADVANTAGED, WOMEN-OWNED AND

SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS

SUBCONTRACTING PLAN

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(a) This clause does not apply to offerors who are themselves small business concerns.

(b) Definitions:

(1) Subcontract, as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

(c) The offeror shall submit a subcontracting plan in accordance with Section L.18.1.6 Tab F, Volume I.

(d) In addition to the requirements of Section L.18.1.6 Tab F Volume I, the offeror's subcontracting plan shall include the following:

(1) A statement of total dollars planned to be subcontracted.

(2) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to (i) small business concerns, (ii) socially and economically disadvantaged business concerns and (iii) women-owned small business concerns.

(3) A description of the method used to develop the subcontracting goals.

(4) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Procurement Automated Source System (PASS) of the Small Business Administration, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, small disadvantaged and women- owned small business concerns trade associations). A firm may rely on the information contained in PASS as an accurate representation of a concern's size and ownership characteristics for purposes of maintaining a small business source list. A firm may rely on PASS as its small business source list. Use of the PASS as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, publicizing subcontracting opportunities, etc.) in this clause.

(5) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with (i) small business concerns, (ii) socially and economically disadvantaged business concerns, and (iii) women-owned small business concerns.

(6) The name of the individual employed by the offeror who will administer the

H-16 offeror's subcontracting program, and a description of the duties of the individual.

(7) A description of the efforts the offeror will make to assure that small, small disadvantaged and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(8) Assurances that the offeror will include the clause AMS 3.6.1-3 in this contract titled “Utilization of Small, Small Disadvantaged and Women-Owned, and Service- Disabled Veteran Owned Small Business Concerns '' in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) who receive subcontracts in excess of $5,000,000 ($1,000,000 for construction of any public facility) to adopt a plan similar to the plan agreed to by the offeror.

(9) Assurances that the offeror will:

(i) Cooperate in any studies or surveys as may be required,

(ii) Submit periodic reports in order to allow the Government to determine the extent of compliance by the offeror with the subcontracting plan,

(iii) Submit Subcontracting Reports for Individual Contracts in electronic format (MS Excel File Size 4KB) via FAA web site located at http://www.faa.gov/sbo ("Subcontracting Report for Individual Contracts") to the contracting officer and to Fred.Dendy@faa.gov (include electronic signature on Page 2 of the report).

Additionally, these reports shall be submitted in accordance with the instructions contained at FAA web site http://www.faa.gov/sbo/, Instructions for Completing the Subcontracting Report for Individual Contracts. Submit SF 295, Summary Subcontract Report, in accordance with the instructions on the SF 295; and

(iv) Ensure that its subcontractors agree to submit Subcontracting Reports for Individual Contracts and Standard Form 295.

(10) A recitation of the types of records the offeror will maintain to demonstrate procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of its efforts to locate small, small disadvantaged and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., PASS), guides, and other data that identify small, socially and economically disadvantaged and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small, socially http://www.faa.gov/sbo/

H-17 and economically disadvantaged or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating

(A) Whether small business concerns were solicited and if not, why not,

(B) Whether socially and economically disadvantaged business concerns were solicited and if not, why not,

(C) Whether women-owned small business concerns were solicited and if not, why not, and (D) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact the following:

(A) Trade associations,

(B) Business development organizations, and

(C) Conferences and trade fairs to locate small, socially and economically disadvantaged and women-owned small business sources.

(v) Records of internal guidance and encouragement provided to buyers through

(A) Workshops, seminars, training, etc., and

(B) Monitoring performance to evaluate compliance with the program's requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having company or division-wide annual plans need not comply with this requirement.

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(1) Assist small, socially and economically disadvantaged and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the contractor's lists of potential small, small disadvantaged and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small, socially and economically disadvantaged and women-owned small business concerns in all ``make-or-buy'' decisions.

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(3) Counsel and discuss subcontracting opportunities with representatives of small, small disadvantaged and women-owned small business firms.

(4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, socially and economically disadvantaged or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan.

H.30 SERVICE CONTRACT ACT MINIMUM WAGE DETERMINATION

AND COLLECTIVE BARGAINING AGREEMENT AMENDMENT

This contract is subject to the Service Contract Act of 1965, as amended. If any Service Contract Act minimum wage determination or collective bargaining agreement is furnished for any site covered by this contract, the wage determination or collective bargaining agreement will be shown in Part III Section - J, Attachment J-6 (to be provided with the FINAL SIR release). In those tower sites where the 2022 – WDR Updated rate is different than the WD referenced in that file, the offeror is required to pay a minimum of the higher of the two rates to SCA Staff.

End Section H h.27 TRAVEL & Subsistence