692M15-25-R-00011_Final.pdf

692M15-25-R-00011

SOLICITATION, OFFER AND AWARD

AAQ610-AFN

1. CONTRACT NO. 5. REQUISITION/PURCHASE NUMBER

6. ISSUED BY CODE

AAQ-610 Grants & R&D FAA William J. Hughes Technical Center Building 300, Fourth Floor Atlantic City International Airport Atlantic City NJ 08405

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

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 1500 ES local time 06/17/2025

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

Joseph S. Szwec

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

joseph.s.szwec@faa.gov AREA CODE

NUMBER

485-5321

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 25

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

X C DESCRIPTION/SPECS./WORK STATEMENT 5 X J LIST OF ATTACHMENTS 69

X D PACKAGING AND MARKING 6 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 7 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 8

X G CONTRACT ADMINISTRATION DATA 11 X L INSTR., CONDS., AND NOTICES TO OFFERORS 79

X H SPECIAL CONTRACT REQUIREMENTS 16 X M EVALUATION FACTORS FOR AWARD 90

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)

Joseph S. Szwec

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.

mailto:joseph.s.szwec@faa.gov

Section A - Solicitation/Contract Form

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

B.1 General

This requirement is for a contract to provide technical and engineering support services for Airport Rescue and Fire Fighting (ARFF) research and development projects., in accordance with the Statement of Work (SOW) provided in Section C. The Contractor must provide, by issued Task Orders (TOs), all management, supervision, labor, facilities, and materials necessary to perform support services on an Indefinite-Delivery, Indefinite-Quantity (IDIQ) basis.

North American Industry Classification System (NAICS) is 541715- Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology) with a size standard of 1,000 employees.

B.2 Type of Contract - Indefinite Delivery / Indefinite Quantity (IDIQ)

This requirement is for a Single Award, Time and Material (T&M) Indefinite-Delivery, Indefinite- Quantity (IDIQ) contract and is structured and managed by Acquisition Management System (AMS) policy and guidance for TO contract. In particular, TO awards issued against this contract will be placed using the procedures described in Section G, Contract Administration Data. The types of TOs issued against the resulting contract may include Time and Materials (T&M), Labor-Hour (L-H), or Firm Fixed Price (FFP) TOs allowed by the FAA AMS Section T3.2.4 Types of Contracts, and as outlined in Section G, Contract Administration Data. Clauses for Labor Hour and Firm Fixed Price Task Orders will be added to Section I, Contract Clauses at the TO level if applicable. Indefinite- Delivery, Indefinite Quantity (IDIQ), Blanket Purchase Agreements (BPAs), and Letter Contracts are not permissible TO types under this contract.

B.3 Ordering Period

The resultant contract will have a period of performance not to exceed 60 months (5 years). The resultant contract will have a one-year base period and four (4) additional one-year ordering period. The contractor must provide the services necessary to accomplish the tasks described in Section C of this contract as authorized by the Contracting Officer (CO) through the issuance of TOs. The CO is the only person authorized to issue TOs under this IDIQ contract. All terms and conditions contained in this document will be applicable to all orders issued.

B.4 Minimum Ordering Obligations and Maximum Ceiling

The minimum ordering obligation under this contract is $50,000.00 and this amount will be obligated on TO No.

0001. The FAA has no obligation to order additional services or issue additional TOs to the Contractor beyond the minimum ordering obligation specified (see AMS Clauses 3.2.4-16 Ordering, and 3.2.4-20 Indefinite Quantity). The total estimated maximum/not-to-exceed (NTE) contract ceiling amount is yet to be determined and will be determined based on the total value of all hours (80,200 maximum total hours) and the estimated travel and materials ceiling values identified in the pricing spreadsheet in Attachment 0001. TOs may be incrementally funded in accordance with contract clause AMS 3.3.1-39 (Incremental Funding- Time and Materials and Labor Hour Contracts). The aggregate value of all TOs placed against this contract will not exceed the total maximum contract ceiling amount. This effort will be funded on individual TOs. The initial obligation is $50,000.00 (details for how funding is applied to labor hours and/or travel costs will be outlined at time of award of each individual TO).

Regardless of the estimated period of performance, the contractor must only continue work until the obligated amount of funds are depleted; the contractor is required to notify the CO when 75% of the obligated funds are depleted, on each task order, in accordance with contract clause AMS 3.3.1-39.

B.5 Time and Materials (T&M)

The contractor must propose fully burdened labor hour rates as identified in the pricing spreadsheet contained in Attachment 0001.

One composite fully burdened labor rate will represent effort performed by either the prime contractor or subcontractor. The awarded pricing spreadsheet will be contained in Attachment 0001 and will be used for TO pricing and invoicing purposes. From the effective date of the contract award, it is anticipated that a transition period (not to exceed 30 days) will occur. The transition period will not be separately priced and must be included in the base period services.

A fully burdened rate is defined as the direct hourly labor rate that includes wages, overhead, general and administrative (G&A) expenses, profit, fringe benefits, and direct tax/labor/payroll burden. The rate will also reflect expenses for contract management, including the preparation of invoices, price and technical proposals, contract status reports, etc., but will exclude travel and other direct costs (ODCs) (as described in Section G). These rates, which will represent the rates that the Government will accept during the life of this contract, will be used on all TOs issued under this contract.

a. In performance of each TO under this contract, the Contractor must provide the total number of personnel based on the ordered amount of T&M labor hours as specified in the individual TO for the associated contract period.

Work will be performed for all SOW sections in accordance with Section C, unless specified otherwise. For purposes of this provision, labor hours are defined as actual work hours exclusive of vacation, holidays, sick leave and any other absences.

Only those labor categories indicated in the Attachment 0001 pricing spreadsheet will be charged to this contract.

The functional descriptions and education and experience requirements for these labor categories are provided in Attachment 0002, Labor Category Descriptions and Qualifications. It is estimated that the identified maximum amount of T&M labor hours, per year, in the pricing spreadsheet may be necessary to accomplish the requirements of the Statement of Work (SOW). FAA reserves the right to increase or decrease the T&M hours for any contract year depending on requirements. Changes to the number of hours will be made in accordance with Section I, AMS Clause 3.10.1-14 (Changes – Time and Materials or Labor Hours). Changes to the number of hours will be made in accordance with Section I. Also, the Labor Categories provided in Section J, will describe if the services will be onsite or offsite.

b. The success of this contract is heavily dependent on the use of office automation technology to allow collaborative work and the rapid dissemination of information among task participants. On this basis, the Contractor must consider the cost of an automated office as part of its fully burdened offsite rate.

This must include the following:

• Adequate contractor-owned/leased workstations at the contractor’s facility to support the contractor’s site staff.

Workstations must be capable, at a minimum, of running the most current Microsoft Office Suite being used by the FAA. Given the potential five (5) year life of this contract, the need for technology refresh is anticipated.

• Maintenance of an in-house local area network (LAN) capable of providing requisite levels of file sharing and email for their employees.

• Telephone service, including PBX’s, voice over IP (VOIP), local calls, long distance calls, cellular and satellite based cellular communications.

• Contractor maintenance, at its own facilities, of 24 by 7 hour access to the Internet via an Internet Service Provider at a minimum rate of 3.1 Mbps. Contractor will maintain and use its’ own corporate domain for company business.

• Contractor owning responsibility for adhering to the best practices in maintaining information technology security and data integrity. If required, Virtual Private Network (VPN) appliances, located in the contractor offices.

B.6 Contract Line Item Number (CLIN) Structure

CLIN 0001- Labor:

Time and Materials (T&M) for labor to complete the research and development technical support as set forth in Section C; Scope of Work. NOTE *** Not all labor categories are full time. The FAA will issue TOs for services as required. Prior to the issuance of each individual Task Order, requirements will be evaluated by the FAA to determine the appropriate Task Order type. It is anticipated that Time and Material (T&M) and Fixed Price (FP) type task orders will be utilized.

CLIN 0002- Materials:

This is a Cost Reimbursable with no fee CLIN. All materials purchased for the performance of this contract are reimbursable under this CLIN. Materials not otherwise listed in the Statement of Work or elsewhere in this document must be approved by the CO and Contracting Officer Representative (COR) prior to any purchase by the Contractor. Any administrative handling rate and/or G&A must be included in the price proposal if required per Offeror accounting practices and policies. An estimated NTE value is entered in the attached pricing spreadsheet (Attachment 0001) for proposal purposes.

CLIN 0003: Travel:

This is a Cost Reimbursable with no fee CLIN. Any administrative handling rate and/or G&A must be included in the price proposal if required per Offeror accounting practices and policies. An estimated (NTE) value is entered in the attached pricing spreadsheet (Attachment 0001) for proposal purposes.

B.7 Travel and Materials (ODCs)

Other Direct Costs (ODCs) (e.g., materials, equipment) and travel may be required on individual TOs and, if so, must be authorized in advance by the COR and CO. ODCs will be processed as Cost Reimbursable items. No profit or fee may be applied to either travel or ODCs. Administrative Handling Rate or Material Handling and/or G&A are allowed on ODCs and travel if in compliance with the Offeror's accounting practice.

Clause List

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

See Attachment 4 - Statement of Work (SOW) ARFF

Section D - Packaging and Marking

D.1 PREPARATION FOR DELIVERY

The Contractor must ensure all deliverables (e.g., reports, materials, hardware, and software, etc.) applicable to this contract are prepared for shipment in accordance with the Contractor’s best commercial practice to protect delivery to the FAA from damage, contamination, and deterioration during shipping and handling.

Packages containing software or other magnetic media must be marked on the external container with a notice reading substantially as follows: “CAUTION: SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT

EXPOSE TO HEAT OR MAGNETIC FIELDS.”

NOTE: If more than one package is shipped, it must be marked “1 of ,” etc.

Technical reports/plans must be delivered in the form of Microsoft Word files and be electronically delivered by email. The contractor is to provide separated digital images of any photos, figures, or drawings used in the reports if the images are too large to be contained in the original Word files. Technical presentation must be in accordance with good commercial practices.

D.2 MARKING

In addition to information provided with shipping information, all deliverables must be marked on the outside of the packaging as follows:

FAA Contract Number Contractor’s Name and Address List of Contents Name of Technical Point of Contact

D.3 MARKING OF REPORTS

All reports must include the following:

Number Date Distribution Name of Technical Point of Contact Contract Deliverable number Description of items contained therein

D.4 F.O.B. POINT

All items requiring physical shipment must be shipped F.O.B. destination with all shipping and transportation costs prepaid.

Section E - Inspection and Acceptance Clause List

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)

3.10.4-6 INSPECTION OF RESEARCH AND DEVELOPMENT - FIXED-PRICE (APR 1996)

3.10.4-7 INSPECTION OF RESEARCH AND DEVELOPMENT - COST REIMBURSEMENT (NOV

1997)

E.1 INSPECTION AND ACCEPTANCE

The Government will review and verify that all deliverables associated with this contract fulfill the requirements and standards stated in this contract.

Inspection and acceptance of all items and services under this contract will be accomplished by the COR. The COR or designated representative(s) will inspect, and be responsible for, the review and acceptance of all deliverables under the resultant contract.

Section F - Deliveries or Performance Clause List

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)

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

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 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 period of performance for this contract is effective on the date of award and is anticipated to be for 60 months (5 years), consisting of a one (1) year base period and four (4) additional one (1) year ordering periods. The TO period of performance will be specified within each task order.

F.2 SCHEDULE OF REPORTS AND DELIVERABLES

TOs will provide task/deliverable schedules, as required.

All documents prepared by the Contractor will be on the behalf of the FAA. The Contractor must not independently publish or distribute any document without prior written permission from the CO. The Contractor must review and provide written comments on the technical accuracy and completeness of each document. No documents, reports, information, etc. may be released to the public or provided to any party other than the FAA and its contractors without written approval of the CO.

All test data, test scenarios, software code, hardware update records, PTRs (Pointer Record) and other data used in the performance of this contract are the property of the FAA and are subject to review/delivery upon request. The Contractor must, upon FAA request and in accordance with this contract, conduct and/or participate in technical meetings, working groups meetings, and management meetings pertaining to this project. The Contractor must support the FAA’s COR or designated representative, as required, in the planning, management, conduct and administration of meetings; preparation of briefing materials/slides, preparation of attendees/distribution lists; and post-meeting preparation and distribution of meeting notes.

F.3 DELIVERABLE ADDRESS

Unless otherwise noted, all deliverables must be delivered to the following address:

Federal Aviation Administration William J. Hughes Technical Center Atlantic City International Airport Atlantic City, NJ 08405 Attn: Jeremy Casey ANG-E261 Building 296 Email: Jeremy.P.Casey@faa.gov

F.4 PLACE OF PERFORMANCE

The Contractor must perform the work activities described in this SOW at either the Contractor’s offsite facility or onsite at the William J. Hughes Technical Center, Atlantic City International Airport, NJ. Some tasks may require the Contractor to travel to one or more locations, to be determined at the TO level, in support of the work effort.

F.5 TASK ORDERS (TOs)

(a) The period of performance, and deliverables, will be specified in each TO.

(b) 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.

(c) Hours estimated in a TO are based upon the contractor working a 40-hour workweek. The FAA considers hours in excess of 40 hours per week to be "additional" hours. "Additional" hours, unless specified in the TO or approved in writing in advance by the COR, are not anticipated in TO performance. If the contractor works in excess of 40 hours per week without such approval, they do so at their own risk.

(d) Delivery of services, written documents, etc. (including required formats and delivery locations) will be in mailto:Jeremy.P.Casey@faa.gov accordance with the TO requirements.

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

F.6 DELAYS AND NON-PERFORMANCE

The Contractor is liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the FAA in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor must notify the CO in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, must remedy such occurrence with all reasonable dispatch, and must promptly give written notice to the CO of the cessation of such occurrence. In the event the Contractor encounters difficulty in meeting performance requirements, or when difficulty is anticipated in complying with the Contract delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, the Contractor must immediately notify the Contracting Officer and the COR, in writing, giving pertinent details, provided that this data must be informational only in character and that this provision must not be construed as a waiver by the FAA of any delivery schedule or date or of any rights or remedies provided by law or under this contract..

Section G - Contract Administration Data Clause List

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)

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

G.1 ADDRESS OF KEY FAA OFFICES

RESPONSIBILITY FOR CONTRACT ADMINISTRATION CONTRACTING OFFICE

The CO identified below, has the overall responsibility of this contract. The CO is authorized to take actions on behalf of the FAA 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 CO for this contract is:

Joseph Szwec, AAQ-610 Atlantic City International Airport Atlantic City, NJ 08405

(609) 485-5321 E-Mail Address: joseph.s.szwec@faa.gov

PROJECT OFFICE

A COR will be appointed for the contract. The COR has the authority to monitor the technical progress of the services that are to be delivered under this contract. This includes visits to the place of performance, meetings and telephone conversations with 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 the cessation of contract work or delete, change, or waive any of the technical requirements or other terms and conditions of the contract. Should the Contractor desire a change (monetary or otherwise) to the contract, 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 between the Contractor and the COR occurs, the Contractor must notify the CO immediately for resolution.

At the time of this solicitation, the COR has been identified as:

COR: Jeremy Casey, ANG-E261 Atlantic City International Airport Atlantic City, NJ 08405

(609) 485-6560 E-Mail Address: jeremy.p.casey@faa.gov

PAYING OFFICE

Federal Aviation Administration Accounts Payable Branch, AMZ-110 6500 S. MacArthur Blvd Oklahoma City, OK 73169 mailto:joseph.s.szwec@faa.gov mailto:jeremy.p.casey@faa.gov

G.2 INVOICE SUBMISSION

Invoicing must be submitted in accordance with AMS Clause 3.3.1-40 - ELECTRONIC SUBMISSION OF

PAYMENT REQUESTS (APR 2022)

G.3 INTERPRETATION OR MODIFICATION

No oral statement of any person, and no written statement of anyone other than the CO, or his/her authorized representative, will modify or otherwise affect the terms or meaning of the schedule or specifications. All requests for interpretation or modifications must be made in writing to the CO. Contractor response to oral contract changes from any source other than the CO or a person with such delegated authority is at its own risk of liability.

G.4 TRAVEL AND OTHER DIRECT COSTS (ODCs)

Use of private automobile (POV) for travel purposes will require prior authorization from the CO and may be reimbursed at the current GSA Government rate per mile The Contractor may, on occasion, be required to drive or operate vehicles that are property of the FAA outside the local area of the FAA WJHTC. The Contractor must ensure that their employees are properly licensed, trained, and insured to operate these vehicles while performing work in support of this contract.

Travel and Other Direct Costs (ODCs) (e.g., materials, equipment) may be required to support TOs issued against this Contract. The purchase of any ODC or travel methods (e.g. airfare, train, rental car), travel dates, times, and locations must be coordinated with, and pre-approved in writing by, the COR and/or CO.

The Contractor will be reimbursed for allocable, allowable and reasonable expenses. ODCs will be processed as Cost Reimbursable items. No profit or fee may be applied to either travel or ODCs. Materials and Handling (M&H) and General and Administrative fee (G&A) are allowed for ODCs and travel. Except as otherwise provided herein, the Contractor will be reimbursed for approved ODCs and 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 CO and COR for approval.

The Contractor must ensure that:

(1) All travel, must be in accordance with the General Services Administration's (GSA) Federal Travel Regulations (FTR) https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation

(2) The travel reimbursable herein includes only that travel (commercial carrier, or private automobile or auto rental) performed in accordance with the SOW. Travel within a Government installation where Government transportation is available, and travel performed for personal convenience, including daily travel to and from work, will not be reimbursed.

(3) Relocation costs and travel costs incident to relocation are not allowable and will not be reimbursed.

Per Diem:

(1) The Contractor will be reimbursed for the expense of meals at the approved M&IE rate (receipts not required), http://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation lodging for actual expenses only but not to exceed the Maximum Lodging Amount rate (receipts required), transportation between places of lodging or business and places where meals are taken and any other miscellaneous travel and living expense incurred in the performance of this contract at the per diem rate as set forth in accordance with the FTR.

(2) Per Diem will be payable only when in an authorized travel status. The per diem rate will be established in accordance with the FTR. The FAA will not reimburse the Contractor for the costs of lodging, meals, or incidental expenses in excess of the actual costs incurred.

G.5 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

Government personnel observe the following listed days as holidays:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

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 designated by the Center Director

The Contractor is NOT permitted to work on-site during any Government holidays or other observances when Government personnel will not be present. 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 of 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. In the case of a Government furlough, all Contractor personnel will report to work at their regularly scheduled shift start time and until a Stop Work Order has been issued by the CO.

Contractor personnel will not be allowed to make up hours in the course of a pay period in which a holiday falls unless the requirements dictate the necessity. When the Federal, State, Local and other Government 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. Each individual Government Facility is responsible for their own declaration of delayed openings or closings and must be contacted directly. It is the responsibility of the contractor to contact the individual facilities to obtain this information and they must adhere to instructions that are provided.

G.6 TELEWORK AND ALTERNATE WORK SCHEDULES

May be allowed if approved by the CO and COR and if determined to be in the best interest of the FAA.

These options must be approved in advance by the FAA CO/COR and must benefit the FAA. The AWS/EWW may be terminated by the FAA if these options are abused or impose an adverse impact on the task/project as determined by the FAA COR

G.7 ORDERING PROCEDURES

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

The contractor must not accept orders whether verbal or written from any source other than the Contracting Officer.

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 TOs will cover specific work assignments within the scope of this Contract. Each TO will be numbered.

All task orders will contain the following information, as applicable:

1. TO number;

2. Technical Point of Contact (if applicable);

3. Description of the work to be performed (SOW/PWS/SOO);

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

5. TO not-to-exceed limit;

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

7. Contract CLINs associated with the TO;

8. ODCs and Travel as applicable;

9. Start and completion dates, with major milestones;

10. Deliverables with required delivery dates;

11. Personnel and security requirements; and

12. List of FAA furnished property, equipment, and/or information (GFP/GFE/GFI).

(b) Delivery of supplies, services, written documents, etc. (including required formats and delivery locations) will be in accordance with the 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) The following procedures may be applicable for the issuance of certain TOs that require the CO to request a proposal from the Contractor prior to the issuance of a TO:

1. CO will provide a request for proposal (RFP) to the Contractor. The RFP will include, as applicable:

a. A detailed TO SOW/PWS/SOO;

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 to the RFP is due;

d. The type of effort that the TO will be performed under (T&M or FFP); and

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

2. The Contractor must provide an RFP response to the CO. 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 0001. A mutual agreement between the FAA and Contractor must be reached. Task orders may require the signature of the Contractor and the CO.

G.8 PRODUCTIVE LABOR HOURS

The FAA 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, vacations, jury duty, military leave, administrative leave, etc.

G.9 DELIVERY ORDER/TASK ORDER CLOSEOUT

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

G.10 GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/INFORMATION

All FAA furnished items will be identified in the appropriate TO.

(a) The Contractor must have access to FAA data relevant to performance under this Contract but must not use or distribute materials or any other product arising from performance of this Contract other than as stated in the SOW.

All equipment, program codes, materials furnished (including contractor acquired property paid for by the FAA), and approved equipment, software and materials purchased by the Contractor which are reimbursable under this Contract, are FAA property, whether expressly undersigned custody of the Contractor or not, and must be returned to the FAA. Any information, not previously published, received from the FAA in connection with this Contract, or furnished to the Contractor from other sources in response to the FAA’s requirements under this Contract, will be restricted to this project, and may not be disclosed or used for any other purpose, without the prior written approval of the Contracting Officer. These restrictions do not apply to information which:

(1) Currently or subsequently enters the public domain;

(2) Has been released to any third party, without restrictions; or

(3) Is obtained by the Contractor independent of the FAA.

(b) Facilities, Items, and Services – The FAA will not furnish facilities, items, or services except as provided herein.

The contractor must immediately notify the COR and CO when property is missing.

Section H - Special Contract Requirements Clause List

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)

3.13-15 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)

3.13-16 RECORDS MANAGEMENT (OCT 2023)

(a) Definitions.

Federal record as defined in 44 U.S.C. § 3301, means all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. The term Federal record:

(1) Includes all FAA records.

(2) Does not include personal materials.

(3) Applies to records created, received, or maintained by Contractors pursuant to a FAA contract.

(4) May include deliverables and documentation associated with deliverables.

(b) Requirements.

(1) Compliance. The contractor must comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chapters 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by Privacy Act of 1974 (5 U.S.C. 552a), to the extent that the Privacy Act applies to any records maintained by the Contractor. These policies include the preservation of all Federal records, regardless of form or characteristics, mode of transmission, or state of completion.

(2) Applicability. All data created for Government use and delivered to, or falling under, the legal control of the Government, are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33. Such Federal records must be managed and scheduled for disposition only as permitted by the Federal Records Act, relevant statute or regulation, and FAA Order 1350.14 Records Management" at https://www.faa.gov/documentLibrary/media/Order/FAA_1350.14B.pdf.

(3) Records maintenance. While in Contractor's custody, the Contractor is responsible for preventing the alienation or unauthorized destruction of FAA records, including all forms of mutilation. Records may not be removed from the legal custody of FAA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the FAA Agency Records Officer (ARO) (or the ARO's designate) and Contracting Officer, as appropriate. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report the event to the Contracting Officer in accordance with 36 CFR 1230, Unlawful or Accidental Removal, Defacing, Alteration, or Destruction of Records, for reporting to NARA by FAA Records Management. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

(4) Unauthorized disclosure. The Contractor must notify the Contracting Officer within 2 (two) hours of discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment.

Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor must ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment…