692M15-21-R-00008 7-21-2021.pdf

SOLICITATION, OFFER AND AWARD

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

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

5. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

PAGE OF PAGES

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C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

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INFORMATION

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

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

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

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J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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

10. TABLE OF CONTENTS

17. OFFER DATE16. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

14C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

14B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

13. ACKNOWLEDGEMENT OF AMENDMENTS

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

by the offeror) from the date for receipt of offers specified above , to furnish any or all items upon which prices are offered at the price set opposite each item , delivered at

11. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

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

OFFER (Must be fully completed by offeror)

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

27. AWARD DATE

(Signature of Contracting Officer)

26. CONTRACT AUTHORITY

24. PAYMENT WILL BE MADE BY

25. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

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

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

AWARD (To be completed by CONTRACT AUTHORITY)

CODE

07/21/2021 X

AAQ630-AFN

AAQ-630 Laboratory Services FAA William J. Hughes Technical Center Building 300, Fourth Floor Atlantic City International Airport Atlantic City NJ 08405

1400 ES 08/23/2021

Anne Marie Ternay 609 annemarie.ternay@faa.g ov 485-6990

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692M15-21-R-00008

Section A - Solicitation/Contract Form Clauses

A.1 CONTRACTOR PERSONNEL

The Federal Aviation Administration (FAA) may utilize contractor support for this source selection evaluation.

Contractor employees may be advisors to the evaluation teams, assist in meeting with Offerors, and/or review price proposals. These individuals will sign Non-Disclosure Agreements and Conflict of Interest Agreements for this procurement. While these contractors support the evaluation process, the exclusive responsibility for the source selection decision remains with the FAA.

A.2 GOVERNMENT POINTS OF CONTACT

Contracting Officer (CO):

FAA William J. Hughes Technical Center (WJHTC) Attn: Anne Marie Ternay Atlantic City International Airport, NJ 08405 Phone: (609) 485-6990 Email: annemarie.ternay@faa.gov

Supervisory CO (if above CO is unavailable): FAA WJHTC Attn: Christine Yezzo, AAQ-630 Atlantic City International Airport, NJ 08405 Phone: (609) 485-7381 Email: christine.yezzo@faa.gov

Contracts Specialist (CS):

FAA William J. Hughes Technical Center (WJHTC) Attn: TBD Atlantic City International Airport, NJ 08405 Phone: TBD Email: TBD

Section B - Supplies or Services/Prices Clauses

B.1 IDENTIFICATION OF SUPPLIES/SERVICES

This is an unrestricted competition.

This acquisition supports the Aviation Weather Branch (ANG-C34) and the Weather Engineering & Evaluation Branch (ANG-C63) at the FAA WJHTC in Atlantic City, NJ. The Contractor must provide Aviation Weather Technical and Engineering Support Services (AWTESS) in accordance with the Statement of Work (SOW) located in Section C of this Screening Information Request (SIR) and as authorized by the Contracting Officer (CO) through the issuance of Task Orders (TOs).

The North American Industry Classification System (NAICS) code is 541330 (Engineering Services) and the size standard is $16.5 million.

The support services required include, but is not limited to, support for the following programs:

a. Common Support Services Weather (CSS-Wx)

b. Reduced Weather Impact (RWI)

c. NextGen Surveillance and Weather Radar Capability (NSWRC)

d. NextGen Weather Processor (NWP)

e. Enterprise Architecture (Weather)

f. System Wide Information Management (SWIM)

g. Weather Observation Improvements (WOI)

h. Optimization of weather observation network

i. Corridor Integrated Weather System (CIWS)

j. Aviation Weather Demonstration and Evaluation Services (AWDE)

k. Interagency Meteorological Coordination Office (IMCO) related activities

l. Route Availability Planning Tool (RAPT)

m. Aviation Weather Research Program (AWRP)

o. Legacy weather programs (e.g., WARP, ITWS, RVR)

p. Aviation Weather Display (AWD)

q. Trajectory Based Operations (TBO)

r. Enterprise Information Management (EIM)

s. Other weather systems/capabilities

This is a five (5) year Indefinite Delivery/Indefinite Quantity (IDIQ) contract. Support services under this Contract will be ordered by placing TOs against this Contract using the ordering procedures described in Section G, Contract Administration Data. TOs may be issued at any time during the performance period. TOs issued against this IDIQ contract will be on a Time and Materials (T&M) basis. TOs may also be issued on a Firm Fixed Price (FFP) basis when determined in the Government’s best interest. Performance periods will be identified within individual TOs.

This acquisition is not a requirements contract.

All terms and conditions contained in this document, unless otherwise specified, will be applicable to all TOs issued against this Contract.

*Note: All references to "shall" in AMS Clauses are to be interpreted as "must".

B.2 MINIMUM ORDERING OBLIGATION AND MAXIMUM CONTRACT CEILING

The minimum ordering obligation under this contract is $(to be determined (TBD)), subject to the availability of Congressionally- appropriated funds. This amount will be obligated on Task Order 0001. The Government has no obligation to order additional services or issue additional TOs to the Contractor beyond the minimum ordering obligation specified.

The total maximum contract ceiling amount is TBD at contract award. The maximum contract ceiling amount was calculated by the sum of the estimated labor hours (253,870 total hours) multiplied by the fully burdened labor rates and the estimated Other Direct Cost (ODC) and Travel values identified in the Attachment B-1 Pricing Schedule.

TOs may be incrementally funded in accordance with Acquisition Management System (AMS) clause 3.3.1-39. The aggregate value of all TOs placed against this IDIQ will not exceed the total maximum contract ceiling amount identified above. Regardless of the estimated period of performance of each TO, the Contractor must continue work until the obligated amount of funds are depleted. The Contractor is required to notify the Contracting Officer in writing whenever it has reason to believe that all costs it expects to incur under each TO within the next 60 days, when added to all other payments and costs previously accrued, will exceed 75 percent of the total amount available for payment by the FAA and obligated to this Contract.

B.3 CONTRACT LINE ITEM NUMBERS AND PRICING

The Pricing Schedule for this Contract, broken down by labor category and service period, is provided as Attachment B-1, Pricing Schedule. Labor hours ordered under this Contract must be performed in accordance with the basic contract SOW located in Section C and individual TO SOWs, (as applicable) and delivered in accordance with individual TO requirements. Below is the Contract Line Item Number (CLIN) structure for this IDIQ Contract:

CLIN

DESCRIPTION ESTIMATEDHOURS

ESTIMATED CLIN TOTAL

PRICE

(inclusive of ODCs and Travel)*

TOTAL MAXIMUM

CONTRACT

CEILING**

00001Year 1 46,780TBD at Award 00002Year 2 49,700TBD at Award 00003Year 3 52,450TBD at Award 00004Year 4 52,440TBD at Award 00005Year 5 52,500TBD at Award

Total Estimated Hours253,870

TOTAL MAXIMUM CONTRACT CEILING** TBD at Award

* ESTIMATED CLIN TOTAL PRICE: The estimated CLIN total price per year is the sum of the total price of labor, travel and ODCs (estimated annual amounts provided by the FAA) by year, as identified in Attachment B-1, Pricing Schedule.

**TOTAL MAXIMUM CONTRACT CEILING: The total maximum contract ceiling amount is the sum of the CLIN total price for each year (CLIN 00001 + CLIN 00002 + CLIN 00003 + CLIN 000004 + CLIN 00005).

B.4 SCHEDULE

The Attachment B-1, Pricing Schedule contains the Contractor’s fully burdened labor rates by labor category and year. These fully burdened labor rates will be utilized to price individual TOs awarded against this IDIQ Contract (for both T&M and FFP Task Orders).

B.4.1 Time and Materials (T&M) Task Orders (TOs)

In performance of this Contract, the Contractor must provide the necessary personnel based on the amount of T&M labor hours as specified within individual TOs. All work will be performed in accordance with the SOW provided for each individual TO.

The labor category descriptions and the minimum education and experience requirements for the required labor categories are provided in the SOW located in Section C. It is estimated that the T&M labor hours provided in Attachment B-1 are necessary to accomplish the requirements of this Contract.

(a) T&M Fully Burdened Labor Rates

The fully burdened hourly rates identified in the Attachment B-1, Pricing Schedule, will apply to all direct labor hours. The fully burdened labor rates include all direct labor and indirect costs applicable to that direct labor category (such as fringe, overhead, G&A, and cost of money if applicable) and profit. Support services provided will be performed onsite at the FAA WJHTC; however, some offsite performance may be required to support certain TO requirements. Offerors will provide a single fully burdened rate in the Attachment B-1, Pricing Schedule that will comprise of both performance onsite and offsite. These fully burdened labor rates will apply to all direct labor hours regardless of whether the labor hour is expended by the Contractor or its Subcontractor(s). These rates represent the maximum labor rates that the Government will consider and/or accept during the contract period of performance.

NOTE: The Program Manager labor category will be provided as an indirect cost, and therefore, will not be reimbursed as a direct charge under this Contract.

(b) No Change to Rates if Subcontractors are Added or Deleted

The fully burdened hourly rates identified in the Attachment B-1, Pricing Schedule, represent the hourly rates of the Contractor and all of its Subcontractors. These rates are not subject to change after the Contract is awarded, even if a Subcontractor is added or removed by the Contractor during the performance period of this IDIQ Contract.

B.4.2 Firm Fixed Price (FFP) Task Orders (TOs)

TOs may be issued on a FFP basis when determined to be in the best interest of the Government. Pricing requirements for a FFP Task Order will be included in the instructions requesting a FFP TO proposal.

B.4.3 Other Direct Costs (ODCs) & Travel

ODC and travel may be required for performance of TOs issued against this IDIQ Contract. See Section G for details.

B.5 PRODUCTIVE LABOR HOURS

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

B.6 NOTICE TO OFFERORS

Funds are not presently available for this proposed Contract. The FAA’s obligation under this Contract is contingent upon the availability of appropriated funds from which payment can be made. No legal liability on the part of the FAA for any payment may arise until funds are made available to the CO for this proposed Contract.

B.7 SECTION B - LIST OF ATTACHMENT

Attachment # Description Attachment B-1 Pricing Schedule

Section C - Description/Specifications Clauses

C.1 SECTION C - LIST OF ATTACHMENT

Attachment # Description Attachment C-1 AWTESS Statement of Work (SOW) 7-21-21

Section D - Packaging and Marking Clauses

D.1 CONTENT OF DELIVERABLES

Technical reports/plans must be delivered in accordance with the SOW and be electronically delivered via e-mail, unless otherwise specified on individual TOs. The Contractor must provide separate digital images of any photos, figures or drawings used in the reports if the images are too large to be contained in the original files. Technical presentations must be in accordance with good commercial practices.

D.2 PRESERVATION, PACKAGING AND PACKING

Preservation, packaging, and packing for shipment or mailing of all deliverables hereunder will be in accordance with Standard 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 TOs).

D.3 MARKING OF SUPPLIES AND/OR TECHNICAL REPORTS

The outside of the container (or technical report) must be marked with the applicable contract number, TO number, Contractor name and address and name of Contracting Officer’s Representative (COR). A DD Form 250, or equivalent detailed paper packing list, in an envelope must be conspicuously placed on the outside of the lowest numbered package (one packing list for each shipment) or as specified on individual TO(s).

Section E - Inspection and Acceptance Clauses

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 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)

E.1 INSPECTION AND ACCEPTANCE

The CO or the COR, listed in Section G, as the CO’s duly authorized representative, is authorized to perform inspection on behalf of the Government for the purpose of acceptance of all material, data or services to be provided.

In this regard the COR is an authorized representative of the CO. The COR will perform inspection on behalf of the Government for the purpose of acceptance of all services and/or items (material, data etc.) to be provided as part of this Contract. If the COR determines that there are omissions, errors, and/or deficiencies in the Contractor’s deliverables (excluding equipment), the Contractor must make the necessary corrections that will allow the Government to accept the final product. The COR will provide a written notification of acceptance or rejection within thirty (30) business days of receipt of the final product, or as specified within each Task Order SOW. The Contractor must correct the report or deliverable within fifteen (15) business days unless otherwise specified. The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies and/or services furnished under this Contract conform to contract requirements.

Final acceptance of all services and/or deliverable items under this Contract will be made in writing by the CO or the assigned Task Order COR. Inspection and acceptance will be at destination.

Inspection, review or the anticipation of acceptance/approval of a contract item in the course of its preparation will not be construed as assurance of acceptance of the finished product.

Section F - Deliveries or Performance Clauses

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 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)

3.8.2-22 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 180 calendar 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 calendar days (if a security clearance must be obtained, at least 90 calendar 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)

3.10.1-9 STOP-WORK ORDER (OCT 1996)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

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

F.1 CONTRACT PERIOD OF PERFORMANCE

The period of performance of this IDIQ Contract is a total of five (5) years. The TO period of performance will be specified within each individual TO.

F.2 PLACE OF PERFORMANCE

The place of performance for this Contract is on-site at the William J. Hughes Technical Center. However, some tasks may require the Contractor to travel to one or more locations, to be determined, in support of the work effort, at the direction of the COR: to include, but not be limited to other FAA locations, Department of Commerce, Department of Defense, Airline Operators and vendors facilities to accomplish the tasks defined in the SOW and applicable TO.

F.3 DELIVERY OF SERVICES AND DELIVERABLES

The services required under each individual TO must be delivered and received at destination within the time frame specified within each TO.

Deliverables:

(a) All TO deliverables and reports, required delivery dates, and destination of delivery and schedule for completion of work to be performed will be specified within individual TOs issued under this contract, as applicable.

(b) For purposes of delivery, all deliverables must be made by close of business (COB) 4:30 p.m. Eastern Time (ET) at destination, Monday through Friday, unless otherwise stated within the individual TO.

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

(d) Each deliverable must be accompanied by a cover letter from the Contractor on company letterhead. Multiple deliverables may be delivered with a single cover letter describing the contents of the complete package.

(e) In the event the Contractor anticipates difficulty in complying with any delivery schedule, the Contractor must immediately provide written notice to the CO and COR. Each notification must give pertinent details, including the date by which the Contractor expects to make delivery; provided that this data must be informational only in character and that receipt thereof must not be construed as a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

(f) In the event that a Contractor is non-compliant in submission of deliverables, the Government may reflect the non-compliance in the Contractor’s past performance report.

(g) All deliverables must be submitted to the COR in electronic format unless otherwise specified in a TO. The CO must be copied on submission of the Monthly Status Report.

F.4 PERFORMANCE OF TASK ORDERS (TOS)

a. The performance period for each TO will be stated in the applicable TO.

b. The period of performance, and deliverables, will be specified in each TO.

c. All TOs will be issued by an authorized CO. Reference AMS 3.2.4-16, Ordering. Any effort undertaken by the

Contractor pursuant to oral directions by any individual other than the CO will be at the Contractor’s risk and expense.

d. Delivery of services, written documents, etc. (including required formats and delivery locations) will be in accordance with the TO requirements.

e. For all TOs, the Contractor must send correspondence regarding schedule changes or problems with performance to the CO.

Section G - Contract Administration Data Clauses

G.1 DESIGNATION OF CONTRACTING OFFICER AND CONTRACTS SPECIALIST

The Contracting Officer (CO) for this Contract is as follows:

Anne Marie Ternay Atlantic City International Airport, NJ 08405 Phone: (609) 485-6990 Email: annemarie.ternay@faa.gov The Contracts Specialist for this Contract is as follows: TBD Phone: TBD Email: TBD

The CO assigned to this Contract has responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the Contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the CO is the only individual who has the authority to enter into, administer, or terminate this Contract. In addition, the CO is the only person authorized to approve changes to any of the requirements under this Contract, and notwithstanding any provision contained elsewhere in this Contract, the said authority remains solely with the CO.

No verbal statement by any person, or unwritten statement by anyone shall be interpreted as modifying or otherwise affecting the terms of this solicitation or any resulting contract. It is the responsibility of the Contractor to contact the CO and CS immediately if there is even the appearance of any technical direction that is or may be outside the scope of the Contract. Costs incurred that were not authorized by the CO and/or work outside the scope of the Contract may be considered unallowable costs and will not be reimbursed by the Government.

The Contract Specialist has been authorized by the CO to assist in the administration of contractual matters under the Contract. All correspondence regarding contract administration should be addressed to the CS with a courtesy copy sent to the CO.

G.2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

Work to be performed under this Contract shall be subject to the technical direction of the FAA COR listed below:

(TBD at time of award):

Attn: (TBD) Routing Symbol: (TBD) Phone: (TBD) E-mail: (TBD)

The CO has the overall responsibility of the Contract and resultant TOs. The CO is authorized to take actions on behalf of the Government to amend, modify, or deviate from the Contract terms, conditions and requirements. The CO may delegate certain other responsibilities to his/her authorized representatives or COR.

The COR identified above has been appointed for the overall IDIQ contract and for each of the TO’s issued, unless otherwise identified within individual TOs. The appointment(s) will be effective until the TO is completed or a written, or electronic, notice of termination is received from the CO responsible for the TO, whichever occurs first.

Changes to the COR may be made by the CO via electronic mail or by TO modification (changes, directed by electronic mail will be confirmed in the next subsequent modification, as applicable).

The COR has the authority to monitor the technical progress of the services that are to be delivered under TOs. This includes visits to the place of performance, meetings and telephone conversations with the contractor personnel, acceptance, or rejection of the contracted items and other duties that may be authorized by the CO.

The COR cannot authorize or order cessation of work or delete, change, or waive any of the technical requirements or other terms and conditions of the Contract and/or TO. Should the Contractor desire a change (monetary or otherwise) to a TO, a written request to the CO for consideration must be submitted. If appropriate, the change will be incorporated by a contract modification/revision.

Whenever a difference of opinion regarding contractual terms/scope of work between the Contractor and the COR occurs, the Contractor must notify the CO immediately.

G.3 CORRESPONDENCE PROCEDURES

The Contractor must assure an electronic means for communicating with FAA personnel and that communications are compatible with the FAA’s electronic mail system which is Microsoft Outlook. The Contractor must also ensure that the Contractor’s electronic mail has the capability to receive and retrieve attachments. All correspondence relating to the Contract and applicable TO must include the Contract number and a TO number (if applicable).

To promote timely and effective contract administration, correspondence submitted under this Contract (except for invoices and deliverables) is subject to the following procedures:

(a) Technical correspondence of a routine nature must be addressed to the designated COR with an information copy of the correspondence to the CO;

(b) Other considerations including technical correspondence involving technical issues and correspondence proposing or otherwise involving waivers, deviations or modifications to the contract, must be addressed to the CO, with information copies to the COR; and,

(c) Correspondence regarding schedule changes or problems with performance must be addressed to the CO with a courtesy copy to the COR.

G.4 INVOICE PROCEDURES

Itemized invoice(s) for each TO must be submitted under this Contract.

See Clause 3.3.1-40 “Electronic Submission of Payment Requests” for instructions on invoice submission requirements.

Each invoice(s) must reference the Contract Number, TO Number, type of Services and Products delivered, and billing period.

The invoice must reflect all the expenditures for the reporting period as well as to date for the entire TO (Cumulative Expense), and the funds remaining with the regard to funding allocations and budgets. When providing the total breakdown of hours for each labor category, names of individuals (and their hours) working under such labor category must also be provided.

At a minimum, the Contractor must provide the following required back-up data as substantiation for each invoice submitted:

a. Period covered by the invoiced hours and dollars.

b. A summary page consolidating the total number of labor hours by individuals working under this Contract, summarized by labor category, and reflecting the total costs incurred under the TO for this billing period and any product ordered, number of products delivered and total price.

c. The total number of hours, by individuals working under the TO.

d. Total dollars expended by TO.

e. The total cumulative labor hours expended per labor category through the reporting period.

f. Total ODC and travel dollars expended by TO.

g. The total cumulative Travel and ODCs expended through the reporting period.

h. When applicable, total direct labor dollars expended by subcontractor, by labor category

i. Total cumulative funds expended through the reporting period.

The Contractor must submit invoices on a monthly basis.

Payment is subject to review, approval and certification by the CO and COR. In the event of a question(s) regarding the Contractor’s invoiced amount, the CO may withhold any or all invoice amounts until the Contractor provides all required data to the satisfaction of the CO.

Compliance with these instructions will reduce correspondence and other causes for delay to a minimum, and will thus promote prompt payments to the Contractor.

Upon completion, termination, or expiration of individual TOs, the Contractor must submit a voucher that contains an itemized accounting of the total TO invoiced amount throughout the life of the TO that includes:

i. Certification that all contractual requirements have been satisfied; and

ii. Certification that all previous Contractor vouchers have been paid.

G.5 PROGRAM MANAGER

The Program Manager labor category identified in the Attachment B-1. Pricing Schedule will be provided as an indirect cost, and therefore, will not be reimbursed as a direct charge under this Contract.

G.6 OTHER DIRECT COSTS

ODCs include material, equipment, hardware, software, subcontracts for supplies and incidental services for which there is no labor category specified in the Contract. The procurement of these cost-reimbursable, non-profit bearing items must only be incurred when a specific TO authorizes them AND prior written concurrence is received from the COR and written approval is received from the CO. ODCs will be reimbursed on a cost (no profit) basis. An administrative handling rate (AHR) as identified in Attachment B-1, Pricing Schedule may be applied to ODCs in accordance with the Contractor’s established accounting practices. The AHR to be applied to ODCs must be included on each individual request to the COR and CO for concurrence and approval.

Cell phone expenses are not considered ODCs and will not be reimbursed.

G.7 TRAVEL

Travel may be required to support this Contract. Travel dates, times, and locations must be coordinated with the COR and approved by the CO in writing. The Contractor will be reimbursed for allocable, allowable and reasonable expenses. Except as otherwise provided herein, the Contractor will be reimbursed for approved travel in accordance with AMS Procurement Guidance T.3.3.2 “Contract Cost Principles."

The travel authorization request submitted by the Contractor must include:

a) Name(s) of the traveler(s);

b) Destination;

c) Duration of the trip;

d) Breakdown of the estimated cost of the trip;

e) Brief description and reason for the trip;

f) Signature Block for FAA Functional Lead overseeing the travel; and

g) Signature Block for COR for approval.

Local travel by offsite Contractor personnel is not considered to be an ODC and will not be reimbursed.

G.8 TASK ORDER CLOSEOUT

It is the intention of the FAA to perform closeout procedures on an individual TO basis. The Contractor agrees to perform those internal functions necessary to support this process in a timely manner. TO closeout will occur as soon as possible.

G.9 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data is included in each individual TO.

Section H - Special Contract Requirements Clauses

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 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)

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)

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

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

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

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

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

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

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

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

5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:

Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

(End of Clause)

3.8.2-17 KEY PERSONNEL AND FACILITIES (JUL 2019)

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

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

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

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

Meteorologist Level 1 TBD AT CONTRACT AWARD

(List key personnel and/or facilities)

(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.01 SUBSTITUTION OF KEY PERSONNEL (AS APPLICABLE)

Certain skilled experienced professional and technical personnel are essential for accomplishing the tasks/duties set forth in the SOW and these individuals are identified as "Key Personnel."

The Contractor must notify the CO and the COR prior to making any changes in Key Personnel. No changes in Key Personnel will be made unless the Contractor can demonstrate that the qualifications of prospective replacement personnel are equal to or better than the qualifications of the Key Personnel being replaced. The CO and COR must be notified in writing of any proposed substitution at least thirty (30) calendar days in advance of the proposed substitution.

Such notification must include:

a) Explanation of the circumstances necessitating the substitution;

b) Complete resume of the proposed substitute; and,

c) Other information requested to enable the CO to judge whether or not the Contractor is maintaining the same high quality of personnel as initially provided. The CO will evaluate the Key Personnel substitution request and promptly notify the Contractor of its approval or disapproval in writing. All disapprovals will require resubmission of another substitution within fifteen (15) calendar days by the Contractor.

For non-key personnel requirements, see Section F clause 3.8.2-22, “Substitution or Addition of Personnel.”

H.02 ORDERING PROCEDURES

All work to be performed under this Contract must be within the scope of the basic IDIQ SOW and must not commence until authorized by the CO under a specific TO. TOs will be issued on the FAA’s Award for Supplies or Services Form (or equivalent) and will provide the funding for the contract work effort.

a. TOs will only be issued by the CO designated in this Contract (or acting on behalf of). Each TO issued will reference AMS 3.2.4-16 "Ordering." TOs issued by any individual other than an authorized CO will have no effect.

The Contractor must not accept TO under this Contract from any organization other than the FAA WJHTC. Any effort undertaken by the Contractor pursuant to oral or written direction by any individual other than the CO will be at the Contractor’s risk and expense.

All issued TO will cover specific work assignments within the scope of this Contract. Each TO will have a unique number. All TOs will contain the following information, as applicable:

1. TO number;

2. FAA technical point-of-contact;

3. Description of the work to be performed;

4. Period of performance and delivery schedule for required services to be performed;

5. Type of TO (T&M and/or FFP);

6. Severable or non-Severable requirement;

7. Ceiling Price;

8. Labor categories and labor hours required as well as associated obligated funding;

9. ODCs as applicable;

10. Deliverables with required delivery dates;

11. Personnel and Security requirements; and

12. List of Government Furnished Property, Equipment, and/or Information.

b. Delivery of supplies, services, written documents, etc. (including required formats and delivery locations) will be in accordance with TO requirements.

c. The Contractor must incur costs only in the performance of TOs issued in accordance with these ordering procedures. No other costs are authorized under this Contract without the express written consent of the CO.

d. For all TOs, the Contractor must send correspondence regarding schedule changes or problems with performance to the CO with a courtesy copy to the COR.

e. The following procedures will be applicable to any TO that requires the CO to request a proposal (RFP) from the Contractor prior to the issuance of a TO:

1. CO will provide a RFP to the Contractor. The RFP may include the following (as applicable):

a. A detailed TO SOW;

b. The desired delivery schedule and/or required dates(s), milestones, reporting requirements and list of deliverables as applicable;

c. The date and time by which a response is due;

d. The contract type (T&M or FFP) of the TO; and,

e. Any special instructions, conditions, notices, performance measures, etc. applicable to the TO.

2. The Contractor will generally be given a minimum of five (5) business days and a maximum of ten (10) business days (unless circumstances of the effort dictate a quicker response time) to prepare and provide a proposal to the CO. If a technical and/or management approach is required for an individual TO, additional time may be granted as negotiated and agreed to by the CO.

3. For pricing purposes, the Contractor may not exceed the fully burdened labor rates incorporated in Attachment B-1, Pricing Schedule. A mutual agreement between the Government and Contractor must be reached. TOs may require the bi-lateral signature of both the Contractor and the CO.

H.03 PERSONAL SERVICES

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

(b) The Contractor must not perform any inherently governmental functions under this Contract, as identified in the Office of Federal Procurement Policy Letter 11-01. These functions include those activities that require either the exercise of discretion in applying Government authority or the making of value judgments in rendering decisions for the Government. Support under this Contract is limited to non-decision making activities that do not bind the Government such as analysis, studies, and assistance. Contract employee recommendations must be forwarded to a Government employee for review and consideration. No Contractor employee must hold him or herself out to be a Government employee, agent or representative. No Contractor employee must state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this Contract, the Contractor employee must state that they have no authority to in any way change the Contract and that if the other Contractor believes this communication to be a direction to change their Contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

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

H.04 CONTRACTOR PERSONNEL

H.04.1 CONTRACTOR PERSONNEL QUALIFICATION

All personnel, regardless of whether employed by the Contractor or its Subcontractor, must satisfy the specific educational, experience, and…