629M15-19-R-00005.pdf

SOLICITATION, OFFER AND AWARD PAGE OF PAGES

1 82

1. CONTRACT NO. 2. SOLICITATION NUMBER

692M15-19-R-00005

3. SOLICITATION TYPE

SEALED BID (IFB)

NEGOTIATED BID (RFP)

4. DATE

ISSUED

5/27/2020

5. REQUISITION/PURCHASE NUMBER

6. ISSUED BY CODE AAQ610-AFN 7. ADDRESS OFFER TO (If other than Item 6)

AAQ-650 Facilities & Grants FAA William J. Hughes Technical Center Building 300, Fourth Floor Atlantic City International Airport Atlantic City NJ 08405

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

SOLICITATION

8. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the depository located in until 1700 ES local time

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

(Hour) (Date)

9. FOR

INFORMATION

CALL

A. NAME

Lori McLaughlin

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

Lori.McLaughlin@faa.go v

AREA CODE

NUMBER

485-5174

EXT.

10. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 18

X B SUPPLIES OR SERVICES AND PRICE/COST 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 4 X J LIST OF ATTACHMENTS 52

X D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 6 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 7

X G CONTRACT ADMINISTRATION DATA 9

X L INSTR., CONDS., AND NOTICES TO OFFERORS 59

X H SPECIAL CONTRACT REQUIREMENTS 13 X M EVALUATION FACTORS FOR AWARD 74

OFFER (Must be fully completed by offeror)

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

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

AWARD (To be completed by CONTRACT AUTHORITY)

18. ACCEPTED AS TO ITEMS NUMBERED 19. AMOUNT 20. ACCOUNTING AND APPROPRIATION

21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 22. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

23. ADMINISTERED BY (If other than Item 6) CODE 24. PAYMENT WILL BE MADE BY CODE

25. NAME OF CONTRACTING OFFICER (Type or print) 26. CONTRACT AUTHORITY

(Signature of Contracting Officer)

27. AWARD DATE

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

12. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

13. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO. DATE AMENDMENT NO. DATE

14A. NAME

AND

ADDRESS

OF

OFFEROR

CODE FACILITY 15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

14B. TELEPHONE NUMBER 14C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

16. SIGNATURE 17. OFFER DATE

AREA CODE NUMBER EXT.

Section B - Supplies or Services/Prices

B.1 IDENTIFICATION OF SERVICES

This contract is for Environmental Remediation Support Services (ERSS) at the FAA William J. Hughes Technical Center. A single, Indefinite-Delivery, Indefinite Quantity (IDIQ), Firm Fixed Price (FFP)/Time and Materials (T&M)/ contract will be awarded for a 10 year period of performance.

The Contractor must provide all services as specified in Section C, Statement of Work, and as ordered by the FAA through the issuance of task orders. The contractor must, upon receipt of an executed task order, furnish all services/materials as specified in Section C. The only person authorized to either issue or modify task orders under this IDIQ contract is the Contracting Officer.

B.2 MINIMUM ORDERING OBLIGATION AND MAXIMUM CEILING

The minimum ordering obligation under this contract $TBD, subject to the availability of Congress appropriating funds. This amount will be obligated on the first task order, issued concurrently with the contract. There is no maximum number or size of orders that may be issued. The Government may issue orders requiring delivery and/or performance at multiple Areas of Concern (AOC). The Government has no obligation to order additional supplies or services or issue additional task orders to the contractor beyond the minimum ordering obligation specified.

The total contract ceiling amount is $TBD. The contract ceiling is based on the total ceiling amounts for CLINs 0001-0007.

B.3 CONTRACT LINE ITEM NUMBERS (CLINs)

The Pricing Schedule for this Contract, is provided in Attachment B-001 “CLIN Structure - Pricing Schedule”.

Work ordered under this Contract must be performed in accordance with the base IDIQ Statement of Work (SOW), applicable task order SOWs, and delivered in accordance with individual task order requirements.

Below is the contract line item number (CLIN) structure for the IDIQ Contract.

CLINs are assigned to this work effort. All services must be performed and invoiced pursuant to the associated CLIN.

B.3.1 CLIN DESCRIPTIONS

B.3.1.1 CLIN 0001 – Remedial Action Construction Task and System Enhancements – Task Orders issued under this CLIN will be negotiated on a FFP basis pursuant to design drawings and specifications developed as a result of a Record of Decision (ROD) for those Areas of Concern (AOC) requiring remedial action.

B.3.1.2 CLIN 0002 – Shakedown and Initial O & M Task – Due to fluctuating requirements for labor skills, levels of effort, material and equipment required to achieve a steady state of operation, this CLIN does not have a level of effort associated with it. If the FAA determines there is a need for Shakedown and Initial O&M support as described in the Statement of Work, a task order will be awarded as T&M with ceiling hours and dollars associated with the period of performance. Labor categories and pricing used for Shakedown and Initial O&M will be in accordance with the labor categories and labor rates provided in Attachment B-001.

The fully burdened labor rates are to include overhead, fringe, general and administrative burdens, and profit.

The rates represent effort performed by either the prime contractor or any subcontractor(s) as required. Based on the nature of the work under this CLIN, the labor categories listed in Attachment B-001 may not be exhaustive. Additional labor categories may be needed under this task area. Any labor categories and rates proposed for use under this CLIN after contract award must provide back-up information, including but not limited to a justification to support for the addition of the labor category and details about the proposed labor rate(s) to support the additional categories and pricing.

B.3.1.3 CLIN 0003 – Long Term O & M - Task orders under this CLIN will be issued on a FFP basis utilizing the fully burdened labor rates in Attachment B-001 pursuant to the requirements stated within the ERSS Scope of Work. The fully burdened labor rates are to include overhead, fringe, general and administrative burdens, and profit. The rates represent effort performed by either the prime contractor or any subcontractor(s) as required. Additional labor categories may be added for use under this CLIN after contract award.

B.3.1.4 CLIN 0004 – GIS/GPS Support Task – Task orders under this CLIN will be issued on a FFP basis utilizing the fully burdened labor rates in Attachment B-001 pursuant to the requirements stated within the ERSS Scope of Work. The fully burdened labor rates are to include overhead, fringe, general and administrative burdens, and profit. The rates represent effort performed by either the prime contractor or any subcontractor(s) as required. Additional labor categories may be added for use under this CLIN after contract award.

B.3.1.5 CLIN – 0005 – National Data Repository Management Support Task - Task orders under this CLIN will be issued on a FFP basis utilizing the fully burdened labor rates in Attachment B-001 pursuant to the requirements stated within the ERSS Scope of Work. The fully burdened labor rates are to include overhead, fringe, general and administrative burdens, and profit. The rates represent effort performed by either the prime contractor or any subcontractor(s) as required. Additional labor categories may be added to the contract for use under this CLIN after contract award.

B.3.1.6 CLIN 0006 – Long Term O & M Material/Labor Surge - Due to fluctuating requirements for labor skills, levels of effort, material and equipment required to achieve a steady state of operation, this CLIN does not have a level of effort associated with it. If the FAA determines there is a need for Long Term O&M Material/Labor Surge as described in the Statement of Work, a task order will be awarded as T&M with ceiling hours and dollars associated with the period of performance. Labor categories and pricing used for Long Term O&M Material/Labor Surge will be in accordance with the labor categories and labor rates provided in Attachment B-001.

The fully burdened labor rates are to include overhead, fringe, general and administrative burdens, and profit.

The rates represent effort performed by either the prime contractor or any subcontractor(s) as required. Based on the nature of the work under this CLIN, the labor categories listed in Attachment B-001 may not be exhaustive. Additional labor categories may be needed under this task area. Any labor categories and rates proposed for use under this CLIN after contract award must provide back-up information such as justification for the addition and details about the proposed labor rate(s) to support the additional categories and pricing.

B.3.1.7 CLIN 0007 – Travel/Training - There is a Not to Exceed (NTE) amount for this CLIN. Funding will be obligated on an as needed and approved basis. Travel and subsistence reimbursement requirements are specified in Section G.

B.4 PRODUCTIVE LABOR HOURS

The Government will only pay for productive, direct labor hours, i.e. those hours authorized by the CO and applicable task order(s), in performing work under this Contract. This does not include sick leave, holiday, vacations, jury duty, military leave, administrative leave, etc.

B.5 SECTION B ATTACHMENTS

Number Title B-001 CLIN Structure - Pricing Schedule

Section C - Description/Specifications

C.1 SECTION C ATTACHMENTS

Number Title C-001 Statement of Work

Section D - Packaging and Marking

D.1 PACKAGING

Preservation, packaging, and packing for shipment or mailing of all deliverables hereunder must be in accordance with Best Practices for Commercial Packaging, sufficient to assure arrival at destination in a safe and undamaged condition. Supplies must be shipped prepaid by common carrier, parcel carrier or parcel post (unless otherwise specified on individual orders).

D.2 MARKING

The outside of the shipping container must be marked with the applicable contract number and task order number. A detailed paper packing list in an envelope comparable to DD Form 250 must be conspicuously placed on the outside of lowest numbered package (one packing list for each shipment).

Section E - Inspection and Acceptance

3.1-1 Clauses and Provisions Incorporated by reference (July 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

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

1996)

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

3.10.4-10 INSPECTION OF CONSTRUCTION (SEP 2009)

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

Section F - Deliveries or Performance

3.1-1 Clauses and Provisions Incorporated by reference (July 2019)

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

(End of clause)

3.10.1-9 STOP-WORK ORDER (OCT 1996)

3.10.1-9/ALT 1 STOP WORK ORDER (OCT 1996)

3.10.1-11 GOVERNMENT DELAY OF WORK (APR 1996)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

3.8.2-22 SUBSTITUTION OR ADDITION OF PERSONNEL (OCT 2006)

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

(2) Substitution of Personnel.

(a) For the first [90] days of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.

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

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

(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least [14] days (if a security clearance must be obtained, at least [30 days) before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer.

Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel.

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

(End of clause)

F.1 CONTRACT PERFORMANCE PERIOD

The overall period of performance will not exceed (120) months from date of award, unless AMS Clause 3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT is exercised.

The period of performance for each task order must be designated in each order. The actual performance specified by a task order may extend beyond the contract performance and must be completed as a binding agreement under the terms and conditions of this contract.

F.2 PLACE OF PERFORMANCE

The efforts to be accomplished under this contract will be performed at the WJHTC, Atlantic City International Airport, New Jersey 08405 and are to occur during normal business hours 7 a.m. to 5:30 p.m., Monday through Friday.

F.3 DELIVERABLES

Each task order must specify exactly what deliverables are to be submitted, and must include a place of delivery for same.

F. 4 TASK ORDER ASSIGNMENTS

Individual task orders for CLINs 0001 0003, 0004 and 0005 will be issued on a firm, fixed price basis;

individual task orders for CLINs 0002 and 0006 will be issued on a time and materials basis; Individual task orders for CLIN 0007 will be issued in accordance with the Travel Regulations included in Section G.2 WJHTC- Travel (OCT 2009).

Section G - Contract Administration Data

3.1-1 Clauses and Provisions Incorporated by reference (July 2019)

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

(End of clause)

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

G.1 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer Representative is:

Thomas Roesch ANG-E343 Federal Aviation Administration DOT/FAA William J. Hughes Technical Center Atlantic City International Airport, NJ 08405

(609) 485-6937 E-mail: Thomas.roesch@faa.gov

The Alternate Contracting Officer Representative is:

Rebecca Piotti ANG-E343 Federal Aviation Administration DOT/FAA William J. Hughes Technical Center Atlantic City International Airport, NJ 08405

(609) 485-7266 E-mail: Rebecca.piotti@faa.gov

G.2 WJHTC- TRAVEL (OCT 2009)

The contract must be reimbursed on a cost plus no fee/profit basis for transportation costs incurred in performance of this contract. All reimbursement of travel costs must be in accordance with the Federal Travel Regulations.

Current travel and per diem reimbursement rates may be obtained online at:

https://www.gsa.gov/policy-regulations.

Normal commuting expenses are not allowed.

The Contractor may only incur travel expenses when the task order authorized them AND prior approval is given by the COR. Blanket agreements for periods of time or individual trips may be used, depending on the circumstances.

G.3 INVOICING PROCEDURES

Invoicing must be in accordance with AMS 3.3.1-1 Payments. Please note – invoices must be submitted separately for each task order.

mailto:Thomas.roesch@faa.gov mailto:Rebecca.piotti@faa.gov https://www.gsa.gov/policy-regulations

(a) The Contractor must submit a properly executed original invoice, identified by the Contract Number and Task Order Number to:

Federal Aviation Administration Accounts Payable Branch, AMZ-110 P.O. Box 25082 Oklahoma City, OK 73125

(b) The contractor may submit an electronic copy of the invoice to FAA Accounts Payable at 9-AMC- AMZ-FAA-APInvoices@faa.gov, COR and CO in lieu of mailing a hard copy to the address in (a).

(c) Contractor’s invoices must include the following items:

(1) Name and address of the contractor.

(2) Invoice date.

(3) Contract number and Task Order number for supplies delivered or services performed.

(4) Period covered by the invoice.

(5) Description, quantity, unit measure, unit price, and extended price of supplies delivered or services performed.

(6) Any deductions taken from the usual monthly invoice amount with an accompanying note of explanation.

(7) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(8) Itemized travel dollars by individual employee by labor category per trip for the period covered by the invoice and the cumulative amount invoiced against the travel line item for the contract. When travel is invoiced, invoice must include supporting receipts and documentation. Travel must have been authorized by the COR in advance.

(9) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or on a proper notice of assignment).

(10) Name (where practicable), title, phone number, and mailing address of person to be notified in even of a defective invoice.

(11) Any other information or documentation required by the contract (such as evidence of shipment).

(12) The invoice should reflect all the expenditures to date for the entire contract (Cumulative expenses), and the funds remaining with regard to funding allocations and budgets. The original negotiated hours and/or dollars.

(d) Certification of the invoice will be based on COR and Contracting Officer (CO) review. Should any cost reflected on submitted invoices be questioned, the CO may withhold all amounts in questioned invoice until such time as the CO determines the costs are valid. In addition, the CO may withhold funds in accordance with applicable clauses.

The invoice must reflect all the expenditures to date for the entire contract (cumulative expense).

G.4 CERTIFICATION AND WITHHOLDING OF PAYMENTS

The FAA intends to make payments within 30 days of receipt of a properly prepared invoice identified by contract number submitted to the billing office in paragraph G.2.

Payment of the invoice will be based on COR review and approval. The Contracting Officer will certify the invoice for payment. Should any cost reflected on submitted invoices be questioned, the Contracting Officer may withhold all amounts in question until those are determined to be valid. The payment will be made pursuant to Electronic Funds Transfer (EFT) Payment Methods.

G.5 INTERPRETATION OR MODIFICATION

No oral statement of any person, and no written statement of anyone other than the Contracting Officer or his/her authorized representative must modify or otherwise effect the terms or meaning of the schedule or specifications. All requests for interpretation or modification must be made in writing to the Contracting Officer.

G.6 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

A. Government personnel observe the following listed days as holidays:

New Year's Day January 1 Martin Luther King's Birthday 3rd Monday in January President's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Christmas December 25

When one of the above designated holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday.

B. In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President's Proclamation Any other day designed by the Center Director

C. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel will not otherwise be a reason for an additional period of performance. In the event the Contractor's personnel work during the holiday, no form of holiday or other premium compensation will be reimbursed, other than their normal compensation for the time worked.

D. When the Federal, State, Local and other governmental entities grant excused absence to its employees, assigned Contractor personnel may also be dismissed; however, they will not be directly reimbursed for the excused absence.

E. Information about Center delayed openings or closings may be obtained by calling (609) 485-6100.

G.7 ORDERING INSTRUCTIONS

Only the Contracting Officer (CO) has the authority to request proposals from the Contractor. For each task order requirement, the CO will request a proposal from the Contractor. The Contractor must submit a proposal to the CO within 10 calendar days following receipt of the request for proposal unless additional time is approved by the CO. Performance must not commence until the task order has been awarded by the CO.

G.8 TASK ORDER CLOSEOUT

It is the intention of the FAA to perform closeout procedures on an individual task order basis. The Contractor agrees to perform those internal functions necessary to support this process in a timely manner.

G.9 LIST OF ON-SITE EMPLOYEES

The Contractor must maintain a list of all employees who will be working on Government site. The Contractor must ensure new employees are added and terminated employees are deleted from the list. A copy of this list must be provided to the COR at the beginning of the Contract period of performance and subsequent versions must be provided upon any changes.

G.10 TRAINING

Training must be approved by the COR, and will be reimbursed on a cost plus no fee/profit basis.

Section H - Special Contract Requirements

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2018)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

(1) Contracts written on paper and contracts in electronic form;

(2) Pen-and-ink signatures and electronic signatures; and

(3) Other legally-required written records and the same information in electronic form.

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

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

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

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section 5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

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

(End of Clause)

3.8.2-17 KEY PERSONNEL AND FACILITIES (MAY 1997)

(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 shall be made by the Contractor without the written consent of the Contracting Officer.

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

Project Manager/Principal (PM/P)

Operations Manager Project Hydrogeologist Site Health and Safety Officer (SHASO) GIS/GPS System Administrator Environmental Data Resource (EDR) Administrator

(End of clause)

3.13-15 CONFIDENTIALITY OF DATA AND INFORMATION (NOV 2016)

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

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

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

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

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

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

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

(End of clause)

H.1 RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR, AND CONTRACTOR

PERSONNEL

(a) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship or master-servant relationship exists or will exist under the between the Government and the contractor and/or between the Government and the contractor’s personnel. The contractor personnel must be responsible, not to the Government, but solely to the Contractor, who, in turn, must be accountable to the Government.

(b) The Government will not exercise any direct or continuing supervision or control over the contractor personnel performing services under this contract. Contractor personnel must not be places under the supervision, direction, or evaluation of a Federal officer, manager, or employee in connection with the performance of this contract. Likewise, contractor personnel must not be placed in a position of command, supervision, administration, or control over FAA William J. Hughes Technical Center civilian personnel, or personnel of other prime contractors, or become an integrated part of the Government organization in connection with performance under this contract, nor shall contractor personnel be used in administration or supervision of FAA procurement activities.

(c) The contractor must be responsible for selecting personnel who are well qualified to perform the required services, for supervising techniques used in their work and for keeping them informed of all improvements, changes, and methods of operation.

(d) The services to be performed under this contract must not require the contractor or his/her employees to exercise personal judgement and discretion on behalf of the Government, but rather, the contractor’s employees must act and exercise personal judgment and discretion on behalf of the contractor.

(e) Contractor and contractor personnel must not be considered employees of the Federal Government and must not be eligible, by virtue of performance under this contract, for payment by the Government of entitlement and benefits accorded to federal employees.

H.2 SECTION K- Representations, Certifications, and Other Statements of Bidders are incorporated by reference in the Contract.

H.3 ACCESS TO FAA PROPERTY AND FACILITIES

a. The effort required to be accomplished under this Contract may require the Contractor to perform work at facilities operated by the FAA. The Contractor, therefore, will be granted ingress and egress at the specific sites where the effort is to be performed. Access to a site must be coordinated with the FAA.

b. While Contractor personnel are at a site, they are required to comply with all rules and regulations of the site, particularly in the areas of health and safety. The facilities to which the Contractor has access will remain in the custody of the FAA at all times, and will not be considered Government Furnished Property or facilities.

c. The Contractor must require that all Contractor personnel who perform work at FAA facilities wear FAA identification badges that clearly identify individuals as contractor employees.

d. The FAA reserves the right to issue FAA identification badges to Contractor employees. If FAA badges are required, they will be issued in accordance with and the Contractor must adhere to FAA procedures.

e. If it is brought to the attention of the FAA that any Contractor or subcontractor employee working on this Contract does not comply with the rules and regulations of the site, the Contractor will be advised in writing by the Contracting Officer and access to the FAA facilities may be denied or withdrawn for that employee.

H.4 SAFETY AND ACCIDENT PREVENTION

In performing any work under this Contract on premises which are under the direct control of the Government, the Contractor must (a) conform to all safety rules and requirements as in effect on the date they access the premises; and (b) take such additional precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes. The Contractor agrees to take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of the Contract on such premises. Any violation of such rules and requirements, unless promptly corrected as directed by the Contracting Officer, will be grounds for termination of this Contract.

H.5 COMPETITION REQUIREMENT

Any construction requirements that exceed $150,000.00 and will not be performed by the prime contractor must be competed amongst subcontractors. A justification for award of a subcontract must be submitted to the CO for consideration regarding such requirements, and the prime contractor must not proceed with awarding a subcontract without the permission of the CO. Requirements that require a specific specialized contractor due to the nature of the work must be submitted to the CO with a justification for approval to waive the requirement for competition.

H.6 IT SECURITY SAFEGUARD and PROTECTION

The Contractor must adhere to any and all FAA policies pertaining to Information Technology safeguards for the duration of this project. The Contractor and subcontractor employees must implement and maintain a system on ongoing information security awareness. The Contractor may not publish or disclose in any manner beyond employees need to know the FAA system of records details of any safeguards either developed or provided under this contract by the FAA without the Contracting Officials written consent.

Section I - Contract Clauses

3.1-1 Clauses and Provisions Incorporated by reference (July 2019)

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

NOTE: All references to “shall” in AMS Clauses are to be interpreted as “must”.

3.1.7-1 EXCLUSION FROM FUTURE AGENCY CONTRACTS (JUL 2018)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2018)

3.1.7-4 ORGANIZATIONAL CONFLICT OF INTEREST - MITIGATION PLAN REQUIRED (APR

2012)

3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (JUL 2018)

3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS (JAN 2019)

(a) The policy of the FAA is to avoid doing business with contractors, subcontractors, and consultants who have a conflict of interest or an appearance of a conflict of interest. The purpose of this policy is to maintain the highest level of integrity within its workforce and to ensure that the award of procurement contracts is based upon fairness and merit.

(b) The contractor must provide to the Contracting Officer the following information with its proposal and must provide an information update within 30 days of the award of a contract, any subcontract, or any consultant agreement, or within 30 days of the retention of a Subject Individual or former FAA employee subject to this clause:

(1) The names of all Subject Individuals who:

(i) participated in preparation of proposals for award; or

(ii) are planned to be used during performance; or

(iii) are used during performance; and

(2) The name of each individual, retained in any capacity by the contractor, who was employed by FAA during the five-year period immediately prior to the date of award; and

(3) The date on which the initial expression of interest in a future financial arrangement was discussed with the contractor by any former FAA employee whose name is required to be provided by the contractor pursuant to subparagraph (2); and

(4) The location where any Subject Individual or former FAA employee whose name is required to be provided by the contractor pursuant to subparagraphs (1) and (2), are expected to be assigned.

(c) "Subject Individual" means a current FAA employee's father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, spouse of an in-law, or a member of his/her household.

(d) The contractor must incorporate this clause into all subcontracts or consultant agreements awarded under this contract and must further require that each such subcontractor or consultant incorporate this clause into all subcontracts or consultant agreements at any tier awarded under this contract unless the Contracting Officer determines otherwise.

(e) The information as it is submitted, must be certified as being true and correct. If there is no such information, the certification must so state.

(f) Remedies for nondisclosure: The following are possible remedies available to the FAA should a contractor misrepresent or refuse to disclose or misrepresent any information required by this clause:

(1) Termination of the contract.

(2) Exclusion from subsequent FAA contracts.

(3) Other remedial action as may be permitted or provided by law or regulation or policy or by the terms of the contract.

(g) Annual Certification. The contractor must provide annually, based on the anniversary date of contract award, the following certification in writing to the Contracting Officer:

ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS.

The contractor represents and certifies that to the best of its knowledge and belief that during the prior 12 month period:

[ ] A former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement and complete disclosure has been made in accordance with subparagraph

(b) of AMS Clause 3.1.7-6.

[ ] No former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement, and disclosure required by AMS Clause 3.1.7-6 is not applicable.

Authorized Representative

Company Name

Date

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

3.1.8-1 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (OCT 2014)

3.1.8-2 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (OCT 2014)

3.2.2.3-8 AUDIT AND RECORDS (JUL 2010)

3.2.2.3-25 REDUCING THE PRICE OF A CONTRACT OR MODIFICATION FOR DEFECTIVE

COST OR PRICING DATA (JAN 2019)

3.2.2.3-27 SUBCONTRACTOR COST OR PRICING DATA (JUL 2004)

3.2.2.3-29 INTEGRITY OF UNIT PRICES (JUL 2004)

3.2.2.3-30 TERMINATION OF DEFINED BENEFIT PLANS (JUL 2004)

3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)

3.2.2.3-36 REVERSING OR ADJUSTING PLANS FOR POSTRETIREMENT BENEFITS OTHER

THAN PENSIONS (PRB) (JUL 2004)

3.2.2.3-41 PERFORMING WORK (JUL 2004)

The Contractor (you) must perform, using your own organization, work equivalent to at least 50 percent of the total amount of work under the contract on the site. The CO may modify this contract to reduce this percentage if you request a reduction and the CO determines that it would be to the Government's advantage to do so.

(End of clause)

3.2.2.3-42 DIFFERING SITE CONDITIONS (JUL 2004)

3.2.2.3-43 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (JUL 2004)

3.2.2.3-44 PHYSICAL DATA (JUL 2004)

Data and information the FAA (we, us) provides or refers to below is for the Contractor's (your) information.

We are not responsible for your interpretation of or conclusions based on the data or information. Further, we do not warrant construction methodology which may be included in these documents.

(a) The descriptions of physical conditions on the drawings and in the specifications are the result of site investigations by the environmental architect/engineer (A/E), operations and maintenance (O&M) personnel, and remedial action construction contractor. The investigations performed under the current contract, over many years included, but was not limited to, the following activities: soil borings, test pitting, geophysical evaluation, modeling, and geographic information system analysis.

(b) Other relevant information: N/A

3.2.2.3-45 MATERIAL AND WORKMANSHIP (JUL 2004)

3.2.2.3-46 SUPERVISING THE CONTRACT WORK (JUL 2004)

3.2.2.3-47 PERMITS AND RESPONSIBILITIES (JUL 2004)

3.2.2.3-48 OTHER CONTRACTS (MAR 2009)

3.2.2.3-49 PROTECTING EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS (JUL 2004)

3.2.2.3-50 PROPERTY PROTECTION (OCT 2014)

3.2.2.3-51 OPERATIONS AND STORAGE AREAS (APR 2012)

3.2.2.3-52 USE AND POSSESSION BEFORE THE PROJECT IS COMPLETE (JUL 2004)

3.2.2.3-53 CLEANING UP AND ROADWAY MAINTENANCE (JUL 2004)

3.2.2.3-54 PREVENTING ACCIDENTS (JUL 2004)

3.2.2.3-55 AVAILABILITY AND USE OF UTILITY SERVICES (JUL 2004)

3.2.2.3-56 SCHEDULES FOR CONSTRUCTION CONTRACTS (JUL 2004)

3.2.2.3-57 QUANTITY SURVEYS (JUL 2004)

3.2.2.3-58 LAYOUT OF WORK (MAR 2009)

3.2.2.3-59 ORGANIZATION AND DIRECTION OF THE WORK (JUL 2004)

3.2.2.3-60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (MAR 2009)

3.2.2.3-64 DISMANTLING AND DEMOLISHING OF PROPERTY (JUL 2004)

3.2.2.3-66 CONTRACTOR'S DAILY LOG (JUL 2004)

3.2.2.3-67 SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (JUL 2004)

3.2.2.3-68 SAFETY AND HEALTH (OCT 2014)

3.2.2.3-69 SUBCONTRACTS - CONSTRUCTION (JUL 2004)

3.2.2.3-71 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (JUL 2004)

The Contractor (you) must:

(a) begin work under this contract within 10 calendar days after the date you receive the notice to proceed,

(b) perform the work diligently, and

(c) complete the entire work ready for use not later than the date specified under the task order. The time allowed for completion must include final cleanup of the premises.

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (OCT 2015)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.3-2 COST ACCOUNTING STANDARDS (OCT 2018)

3.2.3-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (OCT 2019)

3.2.3-5 ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 1996)

3.2.4-4 FIXED-PRICE CONTRACTS WITH ECONOMIC PRICE ADJUSTMENT-LABOR AND

MATERIAL (APR 1996)

3.2.4-5 ALLOWABLE COST AND PAYMENT (OCT 2019)

(a) Invoicing. The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with the Federal Aviation Administration's (FAA) "Contract Cost Principles" in effect on the date of this contract and the terms of this contract (upon request, the Contracting Officer will provide a copy of the FAA Contract Cost Principles). The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract. Any payments for costs under this contract, particularly for costs of Indirect Rates under paragraph (d), must be subject to the provisions of the "Limitation of Costs" clause, or the "Limitation of Funds" clause, if applicable.