DTFASA-17-R-L0001 posted on 26 OCT.pdf

DTFASA-17-R-L0001

SOLICITATION, OFFER, AND

AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

10/25/2016

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

ES-17-00086

6. PROJECT NO.

7. ISSUED BY

Federal Aviation Administration Eastern Service Area Southern Region, AAQ-510 1701 Columbia Avenue College Park, GA 30337

8. ADDRESS OFFER TO

ATTN: Bill Lockard-AAQ-510 Eastern Service Area Southern Region

9. FOR INFORMATION

CALL:

A. NAME

Bill Lockard

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(404) 305-5761

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, Identifying no., date):

Establish and operate the food service facilities at the Federal Aviation Administration (FAA) Air Route

Traffic Control Center (ARTCC) Building, Hampton, Georgia, for the purpose of selling foods and non-alcoholic beverages.

This requirement is offered to all qualified, responsive small business concerns and offers will be considered using the evaluation factors in Section “M” of the solicitation package

11. The Contractor shall begin performance within 10 calendar days and complete it within calendar days after receiving Award, notice to proceed. This performance period is mandatory, negotiable.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 digital copies to perform the work required are due at the place specified in Item 8 by

(hour) local time (date): Sealed envelopes containing offers shall be marked to show Offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Offerors providing less than the calendar days indicated here for

Government acceptance after the date offers are due will not be considered and offer will be rejected.)

AMOUNTS

Materials $ Labor $ Total $

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each.)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN (Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(2 copies unless otherwise specified)

ITEM

25. RESERVED.

26. ADMINISTERED BY

Federal Aviation Administration Eastern Service Area, Southern Region, AAQ-510

27. PAYMENT WILL BE MADE BY

THIS IS A NO COST CONTRACT

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO

SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

Kimberly Burt

PART I - SECTION B

SUPPLIES/SERVICES & PRICE/COST

This requirement is for establishing and operating the food service facilities at the Federal

Aviation Administration (FAA) Air Route Traffic Control Center (ARTCC) Building, Hampton, Georgia, for the purpose of selling foods and non-alcoholic beverages.

The main North American Industry Classification System (NAICS) size standard code for this requirement is 722310 Food Service Contractors, with a small business size standard of $38.5M.

Work will not begin until after the issuing of a Notice to Proceed (NTP).

Period of Performance Start Date End Date

Base 01 NOV 16 31 OCT 17

Option Year 1 01 NOV 17 31 OCT 18

Option Year 2 01 NOV 18 31 OCT 19

Option Year 3 01 NOV 19 31 OCT 20

Option Year 4 01 NOV 20 31 OCT 21

Exact dates to be determine at time of award

PART I - SECTION C

SCOPE OF WORK

PART I - SECTION C

SCOPE OF WORK

CAFETERIA SERVICES

FEDERAL AVIATION ADMINISTRATION

ATLANTA AIR ROUTE TRAFFIC CONTROL CENTER (ARTCC)

HAMPTON, GA 30228

I. Scope of Operation. The Operator shall establish and operate the food service facilities at the Federal Aviation Administration (FAA) Air Route Traffic Control Center (ARTCC) Building, Hampton, Georgia, for the purpose of selling foods and non-alcoholic beverages. The

Contracting Officer does retain the right to bar the sale of some items.

The estimated average total number of 352 employees is onsite Monday through Friday. The

Government does not guarantee the number of employees working in the area nor does it express or imply the percentage of employees who will patronize the food service operations. The

Operator shall have the use of rooms designated for the cafeteria.

II. Contract Period. This contract shall be effective November 1, 2016, and will extend through October 31, 2017.

III. Sale Prices. Current sale prices for individual items shall be prominently displayed in the food serving line area. No price increases will be made without one month’s prior written notice to the Contracting Officer.

IV. Garbage Disposal. The Operator shall be responsible for the accumulation and removal of garbage, cans, refuse, etc. The Operator shall provide garbage and trash cans with lids. These cans and the collection area shall be maintained in a tidy and sanitary condition at all times. As a minimum, collection areas and trashcans shall be disinfected at least weekly. The Operator shall be required to provide a dumpster for the food service operations garbage, trash, refuse, etc. In addition, the Operator shall be required to provide a separate container for collection of used greases and/or cooking oils. The placement locations for the grease barrel and refuse containers shall be coordinated with the Contracting Officer’s Representative (COR). Disposal of these greases, cooking oil, garbage, etc. and type of refuse associated with the food service operation, shall be the responsibility of the Food Service Operator.

V. Days and Hours of Service. As a minimum, service shall be available six (6) days per week. Monday through Friday, 6:00 AM - 7:30 PM; and Saturday, 6 AM - 2:00 PM. Breakfast service shall be available from 6:00 AM - 10:00 AM. Lunch and Dinner service shall be available from 11:00 AM - 7:30 PM, except on Saturdays, 11:00 AM - 2:00 PM. The contractor has the option to reduce services from six (6) days per week to five (5) days per week (Monday through

Friday) if sales fail to support six-day operation. The contractor also has the option to be closed on the following days:

New Year’s

Martin Luther King’s Birthday

Presidents’ Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas

Prior to the Operator closing for the above stated holidays, a notice shall be posted on all doors leading into the dining and queue-up areas one week in advance.

VI. Menus. The Contractor is given the latitude to design a menu that fulfills the desires of the customers; however, their desires must not impose an undue hardship to the provider. As a minimum, the daily menu will consist of breakfast items and deli-type/grill lunch items. In addition to the cafeteria services, the Contractor must have available, a reasonable variety of sandwiches, snacks, seven days a week including holidays.

VII. Quality of Food and Service. The Operator shall serve appetizing foods, promptly and efficiently, under clean and sanitary conditions. The Operator shall prevent bottle necks and service interruptions for which he/she is responsible. All food served must comply with health department regulations and generally accepted good operating practices within the food service industry.

VIII. Payment to the Government. The Operator is not required to pay rent for the use of the space provided by the Government upon commencement of service.

IX. Government Use of Premises. It is not intended that the Operator reimburse the

Government for use of the dining area. The purpose of this provision is to insure complete

Government control over the dining area and to permit use of dining tables and facilities by the government personnel who bring their own lunch.

X. Subsidization. The Government will not subsidize the contractor to cover any loss of revenue or profit.

SPECIAL PROVISIONS

1. Definitions.

The term "Secretary" means the Secretary of Transportation and the term "head of the agency" means the Administrator, Federal Aviation Administration. The term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the head of the agency or the Secretary.

The term "Contracting Officer" means the person executing this contract on behalf of the

Government, and any other officer or civilian employee who is a properly designated contracting officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his written authority

The words "Contractor” and "Operator" will be considered to be synonymous, as are the words

"contract and "agreement."

"Operating Facilities" means furniture, furnishings, special lighting fixtures, draperies, decorations, decorating or other special finishing work, signs, appliances, and trade fixtures, etc., furnished and installed or used by the Operator in its operations at the facility.

"Gross Receipts" means the total amount received, realized by or accruing to the Operator from all sales, for cash or credit, of services, materials or other merchandise, made pursuant to the privileges authorized by this contract rendered at or from the of determination of the amount due the Operator for each transaction, whether for cash or credit, and not at the time of billing or payment, unless otherwise specifically stated in this contract; provided, however, that any taxes imposed by law which are separately stated and paid by the customer, and directly payable to the taxing authority by the Operator, will be excluded from gross receipts.

2. Government-Operator Relationship. Nothing in this contract shall be construed as in any way creating or establishing a partnership relationship between the parties hereto or as constituting the Operator as an agent or representative of the Government for any purpose or in any manner.

3. Federal, State, and Local Law. The Operator shall, at its own cost and expense: (a) comply with all Federal, State, and local laws, including but not limited to county and local ordinances, rules and regulations now or hereafter in force, which are applicable to the operation of its facility;

(b) obtain and pay for all necessary licenses and permits; and (c) pay all fees and charges assessed under Federal, State, and local law insofar as they are applicable to its facility.

4. Termination of Contract.

a. Either party may terminate this contract by giving the other party written notice of its intention to do so. Other than a termination by the Government in the interest of National defense, any such notice of termination shall be given at least ninety (90) days in advance of the effective date of termination.

b. The CO may, by written notice to the Operator, terminate this contract, in whole or part, for default upon the happening of any of the following events:

(1) Filing by, or the final adjudication against the Operator of any petition in bankruptcy, or the making of any transfer or assignment for the benefit of creditors, which transfer or assignment has not been authorized previously by the Government.

(2) The abandonment of the concession or discontinuance thereof. Should this occur, the Government shall not be responsible for the protection of the Operator’s merchandise, fixtures, supplies or equipment, and may remove same from premises for storage and/or disposal.

(3) The failure of the Operator to perform, keep, or observe any of the terms, covenants or conditions of this contract, after the expiration of any period of warning or notice given by the CO to the Operator concerning such failure.

c. The Government’s termination of this contract for default shall be deemed to be a decision of the CO as to a dispute concerning a question of fact within the meaning of the cause of this contract entitled “Disputes.”

d. In the event this contract is terminated for default, the Government may retain as liquidated damages any monies which have been prepaid or advanced to the Government based on occupancy to the end of the contract period.

e. In the event of termination in accordance with paragraph (a) of this Clause 6, the Operator shall be entitled to have any monies which have been prepaid or advanced to the Government based on occupancy of the premises to the end of the contract period refunded to it by the

Government.

f. If after notice of termination for default of this contract under this Clause, the termination shall be deemed to have been properly effected pursuant to paragraph (a) of this Clause.

5. Waiver of Performance. The failure of the Government to insist in any one or more instances upon a strict performance by the Operator of any one of the terms of this contract shall not be construed as a waiver or relinquishment thereof for the future, but rather, said terms shall continue and remain in full force and effect. No waiver by the Government of any terms hereof shall be deemed to have been made in any instance unless specifically expressed in writing as an amendment to this contract.

6. Employee Wages. All employees must be paid at an hourly rate not lower than those specified under the Department of Labor’s most current wage and hour determination.

7. Security. A valid, government issued photo ID is required at all times and shall be provided to the Security Guard at the gate entrance, before admittance to this facility. The Operator and each of his/her employees engaged in work under this contract shall execute and submit to the

Federal Aviation Administration FD-258 Fingerprint Chart (2 copies) and SF 85P Questionnaire for Public Trust Positions (1 copy). Upon approval of Security Clearances, an FAA-supplied picture ID badge will be issued to employees. Personnel of the Operator will not be allowed to perform services under this contract until the CO has received the required forms. The necessary forms will be supplied by the CO. All food service employees will wear FAA-supplied badges, above the waist, on the front of the body, and on the outermost clothing at all times.

8. ARTCC Facility Rules and Regulations. The Operator shall have the responsibility of ensuring that he/she, any subcontractors, and/or any persons under their control shall obey and abide by all rules, regulations, and/or any implementations thereof declared as authorized by law for the care, operation, maintenance, and/or protection of the facility.

Failure of the Operator, subcontractor, and/or any persons under their control under this clause shall, in addition to assessment of any penalty provided by law, be cause for termination of this contract.

9. Restrictions.

a. Unless specifically authorized in writing by the CO, the Operator shall not remove any

Government-owned equipment from the premises

b. The contractor cannot provide any packaged meal or drinks already provider in this facility by the existing Vending Machine Provider. The Vending Machine Provider will be contracted with in conjunction with the Georgia Business Enterprise (GBE) program.

10. Promotion. The Government agrees to maintain an atmosphere conducive of the business under this contract.

11. Sanitation.

a. All food service operations under this contract shall be conducted in conformance with the requirements for a Grade A food establishment, as set forth in Publication 934 of the U.S.

Public Health Service (or revision thereof), or in conformance with local requirements for a top grade establishment, if the latter should be more stringent; provided however, that the Operator shall not be responsible for any structural deficiencies in the facility, which are the responsibility of the Government.

b. Employees suspected, or found to have a communicable disease, shall be removed from duty immediately. Each food handler shall be required to pass a medical examination annually at no cost to the Government, as may be required by applicable local regulations.

c. The food handlers shall wear plastic gloves and hair nets/hats to cover hair on the head, while serving and/or preparing food.

12. Inspections.

a. Post-Contract Inventory. Prior to the Food Service Operator taking occupancy of the premises, a pre-inventory inspection shall be done concurrently by the Operator, Contracting

Officer, and Contracting Officer’s Representative.

Routine Inspections. Periodic inspections shall be performed by the Contracting Officer, and/or

Contracting Officer’s Technical Representative (COTR). The Government reserves the right to do impromptu inspections/inventories of the kitchen operations, at any time during the term of this contract. Any unsafe condition found by such official shall be corrected by the Operator. The

Operator is liable for any loss or destruction, except for normal wear and tear. Normal wear and tear will be determined by the Contracting Officer.

c. Health. The facility operated under this contract may be inspected periodically by the

COTR, or representative of local health department. After each inspection, the Operator will be provided a copy of the report within 24 hours of the inspection. The Operator shall also provide their plan of action for correcting any deficiencies.

d. Fire Prevention. Periodic inspections shall be performed by an FAA appointed fire inspector. Any unsafe condition found by such official, shall be corrected immediately by the

Operator.

e. Industrial Safety. Periodic inspections shall be performed by an FAA appointed Safety

Officer. Any unsafe condition found by such official, shall be corrected immediately by the

Operator.

13. Responsibilities of the Government.

It shall be the responsibility of the Government to:

a. Provide space (as described in Paragraph I, Scope of Operation), retaining use of the

Dining Area (as described in Paragraph IX, Government Use of Premises).

b. Maintain and repair this space including repainting and/or redecorating walls, ceilings, etc., floors, floor coverings, etc. Maintenance of floor drains, sink drains, garbage disposals, etc., resultant of the Operators negligence will be the responsibility of the Operator.

c. Maintain existing space heating, air conditioning and ventilating systems.

d. Maintain existing lighting fixtures, including lamp replacement.

e. Provide and permit the Operator use of kitchen equipment.

f. Provide and maintain utilities required of kitchen equipment. Telephone and service is provided by the Government.

g. Subject to adequate day-by-day maintenance of equipment by the Operator, the

Government will maintain and/or repair Government-owned equipment, providing that damages and/or malfunctions are not resultant of Operator’s negligence. Repairs resultant of the

Operator’s negligence will be made known to the Operator by the CO, and those repairs will be the responsibility of the Operator.

h. Provide cleaning of queue-up area floor in front of the serving line and dining area floor.

i. Maintain an effective program for the extermination of rodents and vermin in the kitchen and dining area.

j. Make sure improvements and alterations as it may deem necessary or desirable to prepare or recondition assigned space for its intended purpose, including improvements and alterations necessary to conform to applicable health and sanitary requirements.

14. Responsibilities of the Operator.

It shall be the responsibility of the Operator to:

a. Provide prompt, efficient, and courteous service.

b. Obtain licenses and permits as required by State and local authorities, and shall observe all applicable building, health, sanitary and other regulations and laws.

c. Utilize reasonable care in the use of Government-owned space and equipment. Upon termination of contract, relinquish such space and equipment in as good of condition as found, except for ordinary wear and tear. The Operator shall be responsible for replacing any items missing upon termination of contract. A final inventory shall be taken by the CO, COTR, and

Food Service Operator, prior to the Operator vacating the premises, before the date of termination.

d. The Operator shall provide supplies necessary to operate food service such as pots, pans, cooking utensils, napkins, knives, forks, spoons, plates, cups, plastic tumblers, salt and pepper shakers, food and condiments, other than those provided by the Government. The Operator shall provide disposable supplies for take out service, as needed.

e. The Operator shall perform routine and periodic maintenance of Government-owned space and equipment in accordance with the maintenance schedule identified in Attachment A.

The Government reserves the right to make periodic, unannounced, inspections of the kitchen space and/or equipment. The Government will provide maintenance of the Government-owned material, unless maintenance and/or repair is required due to the negligence of the Operator, which will be determined by the Contracting Officer.

f. Maintain areas behind counter, kitchen areas, freezers, coolers, storage rooms, and two

(2) rest rooms in a clean and sanitary condition.

g. Insure that all goods are stored on metal racks, a minimum of two (2) inches above the floor. No foods will be left out, unattended, for prolonged periods of time, unless food is stored in an enclosed container.

h. Insure that all pots, pans, dishes, and utensils are washed and properly stored before

Operator’s last employee leaves for the day. This excludes coffee cups and glasses left by

Government employees during the shifts when the Operator and/or their employees are not on premises.

i. All articles found by the Operator, or its agents or employees, or found by patrons and given to the Operator, shall be turned in to the Government (CO or COTR) during normal administrative hours as lost-and-found items.

j. Operator and/or their employees shall park in the main parking lots. Parking behind the

ARTCC building is prohibited.

15. Surrender of Possession.

a. As of the date this contract expires or is terminated as provided for elsewhere in the contract, the Operator shall immediately and peaceably yield up to the Government the premises in good repair in all respects, reasonable wear and tear excepted, and the Government may without further notice take possession of the premises.

b. Upon prior written notice to the Contracting Officer, the Operator shall have the right at any time during the terms of this contract to remove any operating facilities it may erect or install or use in or on the premises, and any or all fixtures and equipment and other property installed or placed by it at its expense in or about the leased premises; subject, however, to any valid lien, which the Government may have thereon for unpaid charges or fees; and provided that, upon removal of any such operating facilities, the Operator shall restore the premises to a condition satisfactory to the Contracting Officer.

c. The Operator shall be deemed to have abandoned to the Government any operating facilities and other facilities, equipment and property of the Operator, which it has failed to remove from the premises or possession of the Government within fifteen (15) calendar days after the end of the period of this contract, or the effective date of termination thereof, unless the Contracting

Officer waives this requirement, in writing. Expenses associated with the removal of abandoned

Operator’s equipment and restoration of the facilities at the Government’s expense may be recovered from the Operator as provided by law. In the event it is necessary for the Government to remove such facilities, equipment, and/or property, the Government shall not be subject to any liability by reason of the removal of the custodial care of same.

16. Establishment of Operating Facilities.

a. The Operator shall provide and install, at its own expense, all operating facilities and furnish all supplies and materials, not provided by the Government within this contract, required for the service under this contract.

b. All such installations shall be subject to the safety standards and similar criteria and with regulations established for the facility and for compatibility of design, quality, conditions or color arrangement with the architectural and general character of the facility. In addition, all installations shall conform to applicable State and Federal building, plumbing, electrical, or similar codes or ordinances. The Operator shall provide all necessary maintenance for these operating facilities.

ATTACHMENT A

ROUTINE AND PERIODIC MAINTENANCE

FOR OPERATOR OF FOOD SERVICES

Atlanta ARTCC

299 Woolsey Road

Hampton, Georgia 30228

I. Daily.

1. The grill shall be stone cleaned twice daily.

2. Sweep, mop, and disinfect all kitchen/serving area floors.

3. Verify all sink, disposal, and floor drains are unobstructed.

4. Insure that all garbage, trash, refuse, etc., is removed from the kitchen areas prior to the

Operator’s last employee leaving for the day. This includes rinsing out the trash containers.

5. All counters, shelves, racks, equipment, etc., wiped down (includes range and vent hoods).

6. Sweep, mop, and clean two (2) restrooms.

7. Wash all pots, pans, trays, dishes, cups, glasses, utensils, etc., (nothing dirty to remain overnight).

II. Weekly.

1. Clean and disinfect all trash and garbage containers.

2. Clean ranges and ovens.

3. Remove and clean all range and vent hood filters.

4. Clean and disinfect dishwashing area.

5. Drain and clean deep fat fryers.

6. Clean and degrease all range and vent hood canopies.

No work is to be initiated without the authority of the Contracting Officer.

PART I - SECTION D

PACKAGING AND MARKING

This Section Not Used

PART I - SECTION E

INSPECTION AND ACCEPTANCE

3.1-1 Clauses and Provisions Incorporated by reference (July 2011)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: http://conwrite.faa.gov.

(End of clause)

3.10.4-4 Inspection of Services - Both Fixed-Price & Cost Reimbursement (April

1996) http://conwrite.faa.gov/

PART I - SECTION F

DELIVERIES OR PERFORMANCE

provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the

3.10.1-9 Stop-Work Order (October 1996)

PART I - SECTION G

CONTRACT ADMINISTRATION DATA

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

G.1 Contract Administration Points of Contact

Contracting Officer Bill Lockard

Contracting Officer

Federal Aviation Administration

Eastern Service Area, AAQ-510

1701 Columbia Avenue

College Park, GA 30337 or by

Email: bill.lockard@faa.gov

Phone: (404) 305-5761

Contracting Officer’s Representative

(COR)

TBD

G.2 Contracting Officer’s Authority

The Contracting Officer assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the

Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the Contracting Officer is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

The Contractor shall immediately notify the Contracting Officer for clarification when a question arises regarding the authority of any person to act for the Contracting Officer under the contract or when the

Contractor receives direction that appears outside contract scope.

Costs incurred that were not authorized by the Contracting Officer and/or work outside the scope of the contract shall be considered unallowable costs and will not be reimbursed by the Government.

G.3 Authority of Contracting Officer’s Representative (COR)

Only those Government Representatives (e.g. COR), as designated in writing by the Contracting Officer, may provide technical or other interpretations in the performance of this contract. Technical interpretation will be provided only within the limits specified in this paragraph, as delineated in a letter of authority from the Contracting Officer, or contained elsewhere in Section G of this Contract. As used herein, “technical interpretation” is defined as providing technical clarification, confirming the results of meetings, completing details in the form of work orders, pursuing certain lines of inquiry, or otherwise serving to accomplish the contract SOW as specified in the task order description of work. Such technical direction must include or comply with the following:

Be consistent with the general scope of work and terms and conditions contained in the contract.

Technical directions may be issued either verbally or in writing.

Does not constitute assignment of new work or change the terms, conditions, or specifications of the contract or task order.

Does not constitute a basis, either directly or indirectly, that could result in a change in the pricing, quantity, quality, period of performance.

Technical direction which exceeds the authority listed above, or the limits of specific letters of authority are invalid and will not be enforceable against the Government. Any costs incurred by the Contractor in violation of this clause will be considered unallowable costs and will not be reimbursed by the Government.

PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the

3.1.9-1 Electronic Commerce and Signature (July 2013)

(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. Contractors may use the following means of electronic signature technology [CO to enter the means of electronic signature technology authorized to include PIN numbers or passwords, digital signatures, smart cards, etc].

(End of Clause)

PART II - SECTION I

CONTRACT CLAUSES

provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the

3.1.7-2 Organizational Conflicts of Interest (August 1997)

3.2.2.3-83 Prohibition Against Contracting with Inverted Domestic Corporations (October 2015)

3.2.2.7-6 Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (April 2011)

3.2.2.7-8 Disclosure of Team Arrangements (April 2008)

3.2.5-1 Officials Not to Benefit (April 1996)

3.2.5-3 Gratuities or Gifts (January 1999)

3.2.5-4 Contingent Fees (October 1996)

3.2.5-5 Anti-Kickback Procedures (October 2010)

3.2.5-8 Whistleblower Protection for Contractor Employees (April 1996)

3.3.1-1 Payments (April 1996)

3.3.1-20 Providing Accelerated Payment to Small Business Subcontractors (October

2012)

3.3.1-34 Payment by Electronic Funds Transfer- System for Award Management (August 2012)

3.3.2-1 FAA Cost Principles (January 2016)

3.6.2-39 Trafficking in Persons (October 2015)

3.6.3-16 Drug Free Workplace (March 2009)

3.6.3-23 Delivery of Electronic and Paper Documents (October 2014)

3.6.4-10 Restrictions on Certain Foreign Purchases (January 2010)

3.9.1-1 Contract Disputes (October 2011)

3.9.1-2 Protest After Award (August 1997)

3.10.1-7 Bankruptcy (April 1996)

3.10.1-25 Novation and Change-Of-Name Agreements (October 2007)

3.10.2-1 Subcontracts (Fixed-Price Contracts) (April 1996)

3.10.6-1 Termination for Convenience of the Government (Fixed Price) (October

1996)

3.10.6-4 Default (Fixed-Price Supply and Service) (October 1996)

3.13-5 Seat Belt Use by Contractor Employees (October 2001)

3.13-13 Contractor Policy to Ban Text Messaging While Driving (January 2011)

3.14-3 Foreign Nationals as Contractor Employees (April 2014)

3.2.4-34 Option to Extend Services (October 2014)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.

3.2.4-35 Option to Extend the Term of the Contract (April 1996)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days before the end of the period of performance; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

3.3.1-33 System for Award Management (August 2012)

(a) Definitions. As used in this clause

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this

4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database.

"System for Award Management (SAM) Database" means the primary Government repository for

Contractor information required for the conduct of business with the Government.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting

Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS

Procurement Guidance, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:

(A) change the name in the SAM database;

(B) comply with the requirements of AMS regarding novation and change-of-name agreements; and

(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The

Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record http://fedgov.dnb.com/webform that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.

3.8.2-9 Site Visit (April 1996)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a dispute after contract award.

The Site visit will be scheduled between November 9 th and 16 th

. The exact date will be coordinated and published as an Amendment to this Solicitation. If you wish to participate in the site visit and receive direct notification, please send email to bill.lockard@faa.gov NLT November 8 th

(End of provision)

3.14-2 Contractor Personnel Suitability Requirements (July 2016):

1. No contractor employee, subcontractor, or consultant will be granted unescorted access without possessing a valid FAA Identification Card.

2. Consistent with FAA Order 1600.72, the FAA Servicing Security Element (SSE) must approve designated risk levels for the positions under the contract. Those risk levels are:

Position Risk Level: LOW RISK – BACKGROUND INVESTIGATION REQUIRED

3. For all contractor employees, subcontractors, or consultants requiring a FAA Identification Card, the contractor will:

a. Submit to the SSE a point of contact (POC) who will enter applicant data into the Vendor Applicant

Process (VAP) system (vap.faa.gov)

b. The Contractor's VAP POC is responsible for entering all contractor employee information into the system.

4. Authorization for the contractor to begin work will be an interim or final suitability notification from the

SSE.

5. If an employee has had a previous U. S. Government conducted background investigation which meets, at the minimum, the investigative requirements FAA Order 1600.72 and Federal Information Processing

Standards Publication 201 (FIPS-201) series, it will be accepted by the FAA. However, the FAA reserves the right to conduct further investigations, if necessary.

a. If a prior investigation exists and there has not been a two-year break in service by the applicant, the SSE will notify the contractor that no investigation is required and that final suitability is approved.

b. The contract may include positions that are temporary, seasonal, or under escort only as defined by FAA

Order 1600.72. [In such cases, an OPM Position Designation Tool (PD Tool) for each specific position will be established as the minimum investigative requirements may differ from the NACI.]

6. If no previous investigation exists, the SSE will:

http://www.sam.gov/ mailto:bill.lockard@faa.gov

a. Send the applicant an e-mail (this step may be delegated to VAP POC) stating that no previous investigation exists and the applicant must complete a form through the Electronic Questionnaires for

Investigations Processing (eQIP) system;

b. Instruct the applicant how to enter and complete the eQIP form;

c. Provide where to send/fax signature and release pages and other applicable forms;

d. Provide instructions regarding fingerprinting.

e. The applicant must complete the eQIP form and submit other required material within 15-calendar-days of receiving the e-mail from the SSE.

f. For items to be submitted outside eQIP, the contractor must submit the required information, referencing the contract number, as follows:

Regional and Center Contracts:

Alease Brooks, Risk Management Specialist Joint Security and Hazardous Materials Office, East

1701 Columbia Ave, College Park GA 30337

(404) 305-6794 Direct (404) 305-5466 Fax alease.brooks@faa.gov

7. The CO will provide notice to the contractor within 24-hours after receipt of a determination that the contractor or its employee has not complied with any security related contract requirements, any security related FAA Order, or if a contractor employee's conduct is objectionable or contrary to the public interest, or inconsistent with the best interest of national security. The notice will instruct the contractor to remove its employee's access to FAA premises or networks, or otherwise remedy the contractor's performance.

8. The contractor must immediately comply with the CO direction to remedy its security performance at the contractor's expense, including removing the employee from FAA premises and networks. If the contractor employee is working under an interim suitability authorization, the contractor must take appropriate action, including the removal of the contractor employee form working on this FAA contract, at their own expense.

Once action has been taken, the contractor will report the action via the VAP within the timeframe prescribed in paragraph 10 of this clause.

9. No contract employee will work in a high, moderate, or low risk position unless the SSE has authorized the contractor employee to begin work. This authorization comes only in the form of an Interim or Final

Suitability e-mail/letter notification from FAA/ASH/SSE.

10. The Contractor must update the VAP within twenty-four (24) hours after any contractor employee is terminated/transferred from performance on the contract. If the FAA issued the contract employee an identification card, the contractor must collect the card and return it to the SSE within five-business-days of the employee's termination or transfer.

11. Monthly, the Contractor's VAP POC will request a report within the VAP that provides a list of all contractors for each contract the POC oversees. Within twenty-four (24) hours, the Contract VAP POC must correct the VAP to address any discrepancies identified in the monthly report.

12. After coordination with the SSE, the CO may require contractor employees to submit any other security information (including additional fingerprinting) deemed reasonably necessary to protect the interests of the FAA. In this event, the contractor must provide, or cause each of its employees to provide, such security information to the SSE.

13. The contractor and/or subcontractor(s) must contact the CO, COR, SSE (Joint Security and Hazardous

Materials Safety Office, East (781) 238-7701) or AIN-420 at Headquarters within one-business-day in the event an employee is arrested (i.e., taken into custody by law enforcement for any offenses, other than minor traffic offenses) or is involved in theft of government property or the Contractor becomes aware of any information that may raise a question about the suitability of a contractor employee.

14. Failure to submit information required by this clause within the time required may be determined by the

CO a material breach of the contract, and may result in suspension or revoked access to FAA assets for the

Contractor's employee.

15. If subsequent to the effective date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in mailto:alease.brooks@faa.gov direct contract costs or otherwise affect any other term or condition of this contract, the contract will be subject to an equitable adjustment.

16. The contractor agrees to insert terms that conform substantially to the language of this clause, excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access and where the exceptions under FAA Order 1600.72 do not apply.

3.14-4 Access to FAA Systems and Government Issued Property (October 2015)

1. It may become necessary for the Government to grant access to FAA systems or issuance of government issued property to contractor employees. Prior to or upon completion or termination of the work required hereunder, the contractor must return all such government issued property to the Contracting Officer's

Representative (COR).

2. When contractor employees who have been issued such items are terminated or no longer required to perform the work, or will not be accessing FAA assests for 30-calendar-days or more, the government issued property must be returned to the Government and update the employee status in the…