SIR_692M15-18-R-00007_Final_LM_FEB27.doc

692M15-18-R-00007

THIS CONTRACT IS A RATED ORDER

FORMCHECKBOX

Yes FORMCHECKBOX No

YES

NO

FAA William J. Hughes Technical Center

Acquisition Services Sub-Team, AAQ-610/LM

Atlantic City International Airport, NJ 08405 Same as block no. 7.

SOLICITATION

9. Offers in original and * copies for furnishing the supplies or services in the Schedule will be received at the place in the depository specified in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L.

CALL:

11. TABLE OF CONTENTS

OFFER (must be fully completed by Offeror)

12. In compliance with the above, the undersigned agree, 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.

13.

DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 3.3.1-6)

15A..

NAME

16.

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND

ADDRESS

OF

OFFEROR

15B.

TELEPHONE NO. (Include area code)

15C.

CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION DATA

SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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(will be replaced with page 2 of PRISM award document)

PART I - SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

NOTICE: Funds are not presently available for this contract. The FAA’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the FAA for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

B.1

BACKGROUND

This Screening Information Request (SIR) is soliciting proposals to operate an air transportation service from the William J. Hughes Technical Center at the Atlantic City International Airport FAA Ramp (ACY) to Ronald Reagan Washington National Airport (DCA) general aviation ramp in accordance with Part I – Section C.

A single, indefinite delivery, indefinite quantity (IDIQ), firm fixed priced (with fuel adjustment, as applicable, see below) contract will be awarded as result of this SIR. The minimum ordering obligation is 84 round trips; and the maximum ordering obligation is 1092 round trips (if the CLIN 0003, the option year is exercised). The initial Order, issued simultaneously with contract award, will fund the Government’s minimum order.

The Government intends to evaluate proposals and award one contract in response to this SIR to the lowest-priced, technically acceptable, and responsible offeror. The evaluation of price proposals will consider the total price offered for the base period (two years) plus the option period (one year). See Section M for further details on the evaluation process.

The North American Industry Classification System (NAICS) Code is 481111 entitled, “Scheduled Passenger Air Transportation.” The size standard shall not exceed 1500 employees. This requirement is set aside for competition amongst small businesses under the 481111 NAICS code.

The contractor must, upon receipt of an executed Contract, perform the services outlined in Section C, and such further requirements as may be contained in future modifications. The only person authorized to either issue or modify this IDIQ contract is the Contracting Officer. The Government has no obligation to issue delivery orders or contract modifications to the contractor beyond the minimum ordering obligation specified above.

All terms and conditions contained in this document shall be applicable to all modifications issued under this contract, unless otherwise specified by an individual modification.

B.2

FUEL

The contractor must include in its offered round trip price a fuel charge of $6.80 per gallon. JetA or JetA+ fuel must be utilized in performance of this contract. The contractor will be reimbursed for each round trip completed, and the FAA agrees to compensate the contractor for any fuel increases above the $6.80 per US gallon. If the price is less than $6.80 per US gallon, the contractor agrees to issue a credit for the difference to base price. See clause G.6 for fuel adjustment process. The Government will only reimburse the contractor for fuel that is in direct support of this contract. The Government will reimburse the contractor for a maximum of 150 gallons of fuel per round trip. Training, maintenance ferries and repositioning flights are not considered direct support. The price of the fuel is for the product only (including applicable taxes) and excludes all accessorial charges, which must be borne by the contractor. The contractor must purchase fuel at the prevailing market value. As part of its invoice, the contractor must provide fuel receipts for fuel purchased in support of this contract. The fuel receipts must show the total number of gallons purchased, the fuel charge per gallon, and the total purchase amount.

B.3

SCHEDULE OF PRICING

The contractor must provide round trip pricing for air transportation service from the William J. Hughes Technical Center at the Atlantic City International Airport FAA Ramp (ACY) to Ronald Reagan Washington National Airport (DCA) general aviation ramp as set forth in Section C.

In addition to fuel identified in Section B.2, the contractor shall include in its offered price below applicable Federal Excise Tax (Passenger Tax), all landing fees, and parking fees.

ITEM

EST

UNIT

NUMBER

SUPPLIES/SERVICES

QTY

UNIT

PRICE

TOTAL

YEAR 1 SERVICES

RT

6/1/2018 through 5/31/2019

RT flight service originating from ACY to DCA (including $6.80 per gallon fuel cost)

YEAR 2 SERVICES

RT

6/1/2019 through 5/31/2020

OPTION

YEAR 3 SERVICES

RT

6/1/2020 through 5/31/2021

FUEL REIMBURSEMENT (IAW G.6)

To be Funded by the Gov’t as necessary CLIN 004 will provide funding for any necessary fuel charges in excess of $6.80/gallon.

Day Room for Pilot

To be Funded by the Gov’t as necessary.

TOTAL (CLINS 0001 through 0003)

RT

RT - round trip

PART I - SECTION C

STATEMENT OF WORK

The contractor must operate an air transportation service from the FAA William J. Hughes Technical Center at the Atlantic City International Airport FAA Ramp (ACY) to Ronald Reagan Washington National Airport (DCA) general aviation ramp as identified below.

A. PERFORMANCE REQUIREMENTS

In order to provide the above services, the contractor must:

1. Provide aircraft, fuel, pilots, deicing, maintenance, and all materials necessary to provide the services identified herein.

2. Possess a Federal Aviation Regulation (FAR) Part 135 or 121 Operation Certificate for the aircraft identified below in 3(i) The contractor must conduct operations under this Part to fulfill the requirements of the contract.

3. Provide a fixed wing aircraft that:

a. Has the capacity to carry nineteen (19) passengers (this is required for both the primary aircraft identified below in item (i) as well as for any backup aircraft).

b. Has sufficient cargo capacity to store at least one overnight bag per passenger.

c. Is capable of flying the RT (ACY/ DCA), and have the ability to fly an additional thirty minutes (30) beyond this RT flight time to reach an alternate airport without refueling.

d. Meets all instrument flight rules (IFR)/FAA flights requirements.

e. Is maintained in such a manner that it will be legal to conduct flights under IFR at all times.

f. Iscertified for “flight into known icing conditions”, and is equipped with operating weather radar, dual instrumentation, backup communication equipment, and backup navigation capability.

g. Isoperated only after an appropriate instrument flight rules (IFR) flight plan has been filed.

h. Isequipped and operated in accordance with applicable FARs.

i. Is identified by the following Aircraft information:

AIRCRAFT INFORMATION

***The contractor must complete the following on the primary aircraft and backup aircraft being proposed:

Type

Tail

No. of

Fuel Burn Rate

Aircraft

No.

Passenger Seats

(mile per gallon Primary:

Backup:

4. Have the ability to provide a “comparable” backup aircraft in the event the primary aircraft is, or becomes, disabled or unavailable. The “comparable” backup aircraft must meet all the requirements identified herein and mustbe available within two hours of the established departure time. If the contractor cannot complete a programmed trip/flight, leaving passenger(s) stranded in ACY or DCA, the contractor must make all arrangements, including payment terms, for a backup aircraft that meets the requirements of this SOW, to complete the flight(s) at the contractor’s expense. The Government will not reimburse the contractor for any additional charges, other than the established RT price identified in Section B, for events such as this. NOTE: During performance of this contract, if the back-up plane will be unavailable for use for any reason, the contractor must notify the Government (CO and COR) at least twenty four hours in advance.

If backup service is provided by a Government entity, the contractor must be responsible for the costs including the difference in charges between the government cost and the contract price. Reimbursement for these costs will be deducted from the contractor’s next invoice. No payments via check will be accepted.

If the contractor cannot meet their backup aircraft commitment, liquidated damage penalties may be assessed. See Part I – Section H.5 for Liquidated Damages information.

Mechanical failures are considered to be solely the contractor’s fault and responsibility. The contractor shall not be considered at fault due to any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the contractor. Examples of causes beyond the contractor’s control are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the contractor.

5. Have access to an aircraft hangar and maintenance facility to support on a full time basis, required and preventive maintenance. This hangar and maintenance facility must be located within one hour flight time of the Atlantic City International Airport, NJ 08405 (ACY).

6. Provide the following reports and procedures:

a. The contractor must use the flight manifest to complete the check-in process in DCA for flights number 2 and 4 as fast and efficiently as possible. Pilots should assist all program participants, such as the customers and shuttle bus drivers, with routine tasks whenever possible in order to maintain the flight schedule. When possible, the contractor should depart DCA ahead of the estimated schedule set forth below in B.3 when all passengers on the manifest are present and able to depart early, and provided that the contractor complies with all other requirements of this Statement of Work.

b. Flight crew must have a cell phone available for direct ground communication with the COR or his/her designee, in the event of a last minute change. Airborne communication will be maintained via the FAA designated frequencies. A 10-minute in-range call is required at ACY.

c. Submit a written report to the COR on all incidents or accidents no more than 5 calendar days after an incident or accident occurs as defined in Part 49 C.F.R 830.2.

d. A copy of the contractor’s operation manuals and updates must be provided to the COR within five (5) days of contract award. This document will be used by the Government for reference only. Any revisions/updates made to the manual must be provided to the COR immediately upon its issuance.

The Government will maintain communications with the contractor’s operation office. All daily operational changes, e.g., cancellations, delays, early departures, rerouting of flights due to weather, shall be directed by the COR or his/her designee.

7. The contractor must adhere to the landing requirements that are in place in ACY and DCA, if any. A transportation security waiver is required for the primary and backup aircraft in order to fly in DCA air space and is issued by the Transportation Security Administration. The contractor is responsible for submitting the online waiver request application through the FAA/TSA Airspace Access Program. A letter specifying the purpose and scope of the work to be completed must accompany the application. The contractor should obtain this letter from the COR prior to the beginning of each calendar year (CY).

8. All flight crewmembers, including subcontractors, must submit to a National Agency Check with Inquiries (NACI) investigation at the Government’s expense.

The Government will reimburse the contractor for a maximum of 150 gallons of fuel per round trip.

B. SCHEDULE REQUIREMENTS

In performance of this contract, the contractor must provide air transportation services in accordance with the following :

1. One round trip (RT) must be provided on Monday (flights #1 and #4), and two round trips (RTs) must be provided each day on Tuesday, Wednesday, and Thursday of each week. A pilot day room is authorized on Mondays or when only one round trip is performed; the contractor can bill up to the maximum “per diem” allowed under the “travel” section of the GSA website (GSA.gov) for day room reimbursement. A receipt for the room must be provided with the invoice which includes the charge.

2 Additional round trips may be requested of the contractor, as needed, with a minimum of twenty four (24) hour notice to the contractor. Additional flights must be provided at the same rate per round trip as those flights regularly scheduled.

3. Estimated time schedule:

TIME

ACTION

7:15 a.m.

Air shuttle departs ACY (flight #1) 8:00 a.m.

Air shuttle arrives DCA

8:30 a.m.

Air shuttle departs DCA (flight #2) 9:15 a.m.

Air shuttle arrives ACY

3:30 p.m.

Air shuttle departs ACY (flight #3) 4:15 p.m.

Air shuttle arrives DCA

4:45 p.m.

Air shuttle departs DCA (flight #4) 5:30 p.m.

Air shuttle arrives ACY

PART I - SECTION D

PACKAGING AND MARKING

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PART I - SECTION E

INSPECTION AND ACCEPTANCE

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

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

(End of clause) 3.10.4-4 Inspection of Services—Both Fixed-Price and Cost Reimbursement (April 1996)

PART I - SECTION F

DELIVERIES OR PERFORMANCE

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

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

(End of clause) 3.10.1-9 Stop-Work Order (October 1996)

3.10.1-11 Government Delay of Work (April 1996)

F. 1 Period of Performance The base period of performance for this requirement is June 1, 2018 through and including TBD after award. If CLIN 0003, the optional third year of services is exercised, the performance shall end on TBD when available funding is determined.

F.2 Place of Delivery All deliverables and reports specified in the Statement of Work and Schedule must be submitted under transmittal letter to the attention of the cognizant Contracting Officer’s Representative (COR) for this contract at the following address:

U. S. Department of Transportation

FAA William J. Hughes Technical Center

Attn: James R. Taylor, ANGE35

Atlantic City International Airport, NJ 08405

Reference Contract No.: TBD A copy of each transmittal letter must also be delivered to the Contracting Officer at the following email address: Lori.McLaughlin@faa.gov.

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PART I - SECTION G

CONTRACT ADMINISTRATION DATA

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

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

(End of clause) 3.10.1-22 Contracting Officer’s Representative (April 2012) G.1 Invoice and Billing Instructions In addition to the applicable Contract Funding, Financing and Payment or other payment clauses used in this award, invoices shall contain the following, at a minimum:

One invoice must be submitted for each month of contract performance. Multiple invoices per month will not be permitted.Invoices will not be processed unless they reference the contract number; period covered by the invoice, and includes the information described below.

Note: The invoice shall include a debit or credit for fuel per round trip as delineated in Part I, Section B.2. Copies of all fuel receipts are required in order for the invoice to be processed.

The contractor must email the invoice to 9-AMC-AMZ-FAA-APInvoices@faa.gov, with a copy to the COR @ James.R.Taylor@faa.gov and to the CO @ Lori.McLaughlin@faa.gov.

Certification of the invoice will be based on COR and Contracting Officer (CO) review. Should any pricing/cost reflected on submitted invoices be questioned, the CO may withhold all amounts in question until such time as the CO determines the costs are valid.

G.2 Observance of Legal Holidays and Excused Absence

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

New Year's Day

Martin Luther King's Birthday

President's Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran's Day

Thanksgiving Day

Christmas

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

Any other day designated by Federal Statute

Any other day designated by Executive Order

Any other day designated by the President's Proclamation

Any other day designated by the Center Director

c. In the event the contractor's personnel work during the holiday, no form of holiday or other premium compensation will be reimbursed, other than their normal compensation for the time worked.

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

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

G.3 Responsibility for Contract Administration

The Contracting Officer (CO) identified below, has the overall responsibility of this contract and any subsequent contract modifications. 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 Contracting Officer’s Representative (COR). The CO for this contract is:

FAA William J. Hughes Technical Center

Acquisition Service Group, AAQ-610

Attn: Lori McLaughlin

Atlantic City International Airport, NJ 08405

A COR will be appointed for the contract. Changes to the COR may only be made by the CO and will be transmitted via electronic mail direction or 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 the 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, nor delete, change, or waive any of the technical requirements or other terms and conditions of the contract.

Whenever a difference of opinion between the contractor and the COR occurs, the contractor shall notify the CO immediately for resolution.

G.4 Contractor Remittance Address

Contractor remittance address:

Contractor’s Name

Address

City, State, Zip Code Payment will be made via the electronic funds transfer method. The contractor shall complete the following:

1.

Bank Name and address:

2.

Routing Transit No.:

3.

Depositor Account Title:

4.

Depositor Account No.:

5.

Other Information:

n/a G.5 Interpretation or Modification

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

G.6 Fuel Adjustment

a. If the contractor is unable to obtain fuel at the rate specified in Part I, Section B.2 and is required to purchase fuel at a higher price, the contractor is entitled to receive a fuel cost adjustment. The contractor must purchase fuel at the prevailing market value. The Government is entitled to receive an adjustment from the contractor if fuel is purchased at a price lower than the rate specified in Part I, Section B.2. The contractor must submit paid receipts for all fuel transactions with its invoice. The price of the fuel is for the product only (including applicable taxes) and excludes all accessorial charges, which must be borne by the contractor. The contractor must validate and report Government fuel usage on a daily worksheet.

b. The fuel adjustment cost for each billing period (monthly) will be determined by (1) adding the total number of gallons purchased, and (2) dividing the number of gallons into the total price paid for the same fuel purchased that same week. This calculation will produce an “average fuel cost” per gallon. The contract fuel rate will be subtracted from the average fuel cost. The resulting figure is the fuel adjustment cost per gallon. If the figure is positive, the contractor will be due a reimbursement; if negative, the Government will be due a reimbursement. This adjusted figure will be multiplied by the total miles flown.

PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Relationship Between Government, Contractor and Contractor Personnel

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

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

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

d. Rules, regulations, directives and requirements which are issued during the contract during the contract term by William J. Hughes Technical Center authorities, under their responsibility for law and order, administration, and security on the installation shall be applicable to all contractor personnel or representatives who enter the installation, or who travel on Government transportation. This requirement shall not be construed or interpreted to establish any degree of Government control that is inconsistent with the intent of a non-personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to assure that their presence on the Center or airport property does not violate these requirements. No employees will be permitted on this property when such a check reveals that the employee presence would be detrimental to the security of the Center or airport. When directed by the Contracting Officer, the contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breach of security in connection with his or her employment. Under such circumstances, replacement cost will be a contractor expense and will not be reimbursable by the Government. In other instances, the contractor shall take appropriate personnel action as required in the event of employee misconduct in connection with his or her employment.

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

f. Contractor and contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlement and benefits accorded to Federal employees.

H.2 Contractor Responsibilities

(a) The contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract.

(b) The contractor shall save and hold harmless and indemnify the Government against any and all liability, claims, and costs of whatever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with,or in any way incident to, or arising out of, the occupancy, use, service, operations, or performance of work under the terms of this contract, to the extent resulting from the negligent acts or omissions of the contractor.

(c) The Government shall not be liable for any injury to the contractor's personnel or damage to the contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to another Federal statutory authority.

(d) A smooth and orderly transition between the Contractor and a predecessor or successor contractor is necessary to ensure minimum disruption to vital Government business. The contractor shall cooperate fully in the transition.

(e) The contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. The contractor shall not:

(1) Discuss with unauthorized persons any information obtained in the performance of work under this contract;

(2) Conduct business not directly related to this contract on Government premises;

(3) Use computer systems and/or other Government facilities for company or personal business other than work related to the contract requirement; or

(4) Recruit on Government premises or otherwise act to disrupt official Government business.

H.3 Contractor Staff Training

The contractor shall provide fully trained and experienced technical personnel required for the performance of all terms and conditions outlined in the SOW and/or Contract. This includes training necessary for keeping personnel abreast of industry advances and for maintaining proficiency on aircraft instrumentation, equipment, computers, applications that are available on the commercial market. The contractor, at its own expense, shall provide all training of personnel required for successful performance of contract.

H.4 Section 508 Requirements

Section 508 of the Rehabilitation Act Amendments of 1998 applies to the development, procurement, maintenance, or use of electronic and information technology (EIT). In the performance of the work effort for this contract, contractor must be in compliance with referenced Act.

H.5 Liquidated Damages

If the contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension thereto granted by the Contracting Officer, the contractor must, in place of actual damages, pay the Government liquidated damages, for each round trip not performed, at the fixed sum of $3,496.00.

If delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Default- Fixed Price Supply and Service Clause in the contract and in the event the contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause.

The contractor shall not be charged with liquidated damages when the delay in the delivery of or the performance arises out of the causes beyond the control and without fault of negligence of the contractor as defined in the Default- Fixed Price Supply and Service Clause in this contract.

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PART II - SECTION I

CONTRACT CLAUSES

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)

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

(End of clause)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)

3.1.7-4 ORGANIZATIONAL CONFLICT OF INTEREST - MITIGATION PLAN REQUIRED (APR 2012)

3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (MAR 2009)

3.1.8-1 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (OCT 2014)

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

3.2.2.3-29 INTEGRITY OF UNIT PRICES (JUL 2004)

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

3.2.2.3-36 REVERSING OR ADJUSTING OF PLANS FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) (JUL 2004)

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

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (OCT 2015)

3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2011)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.4-4 FIXED-PRICE CONTRACTS WITH ECONOMIC PRICE ADJUSTMENT-LABOR AND MATERIAL (APR 1996)

3.2.4-28 CANCELLATION OF ITEMS (APR 1996)

3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)

3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)

3.2.5-4 CONTINGENT FEES (OCT 1996)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)

3.2.5-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

3.2.5-14 DISPLAY OF HOTLINE POSTER(S) (APR 2008)

3.3.1-1 PAYMENTS (APR 1996)

3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (MAY 1997)

3.3.1-7 LIMITATION ON WITHHOLDING OF PAYMENTS (MAY 1997)

3.3.1-8 EXTRAS (MAY 1997)

3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)

3.3.1-16 PROHIBITION OF ASSIGNMENT OF CLAIMS (APR 1996)

3.3.1-17 PROMPT PAYMENT (JAN 2017)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT

2012) 3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (AUG 2012)

3.3.1-38 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (APR 2014)

3.3.2-1 FAA COST PRINCIPLES (JAN 2016)

3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JUL 1996)

3.4.1-12 INSURANCE (July 1996) 3.4.2-6 TAXES – CONTRACTS PERFORMED in U.S. POSSESSIONS or PUERTO RICO (October 1996)

3.4.2-8 FEDERAL STATE, and LOCAL TAXES - Fixed Price Contract (April 2013)

3.5-1 AUTHORIZATION AND CONSENT (JAN 2009)

3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2010)

3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED, AND SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS CONCERNS (MAR 2009)

3.6.1-7 LIMITATIONS ON SUBCONTRACTING (APR 2016)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-9 EQUAL OPPORTUNITY (August 1998) 3.6.2-12 EQUAL OPPORTUNITY for VETERANS (January 2011)

3.6.2-13 AFFIRMATIVE ACTION for WORKERS with DISABILITIES (October 2010)

3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1996)

3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (AUG 1998)

3.6.2-39 TRAFFICKING IN PERSONS (OCT 2015)

3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (JAN 2012)

3.6.3-7 WASTE MANAGEMENT AND POLLUTION PREVENTION (APR 2017)

3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (OCT 2016)

3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)

3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (OCT 2016)

3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)

3.6.3-24 ASBESTOS NESHAP COMPLIANCE (OCT 2015)

3.7-1 PRIVACY ACT NOTIFICATION (NOV 2016)

3.7-2 PRIVACY ACT (NOV 2016)

3.9.1-1 CONTRACT DISPUTES (OCT 2011)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE I (APR 1996)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE III (APR 1996)

3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)

3.10.1-26 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (APR 2013)

3.10.2-5 COMPETITION IN SUBCONTRACTING (JAN 1998)

3.10.2-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (APR

1996)

3.10.3-1 DEFINITIONS (APR 2012)

3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2012) - ALTERNATE I (APR 2004)

3.10.3-8 USE OF CONTRACTOR EQUIPMENT OR SOFTWARE - NOT PERMITTED (NOV 2016)

3.10.3-9 USE OF CONTRACTOR-EQUIPMENT OR SOFTWARE - PERMITTED (NOV 2016)

3.10.4-19 GOVERNMENT INDUSTRY DATA EXCHANGE PROGRAM (GIDEP) (JAN 2002)

3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT 1996)

3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (OCT 1996)

3.10.6-7 EXCUSABLE DELAYS (October 1996)

3.10.7-1 INDEMNIFICATION UNDER PUBLIC LAW 85-804 (SEP 2001)

3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)

3.13-10 CONTRACTOR ATTENDANCE AT FAA SPONSORED TRAINING (JAN 2003)

3.13-11 PLAIN LANGUAGE (JUL 2006)

3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)

3.14-2 CONTRACTOR PERSONNEL SUITABLITY REQUIREMENTS (January 2018) 3.14-4 ACCESS to FAA FACILITIES, SYSTEMS, GOVERNMENT PROPERTY, and SENSITIVE INFORMATION (January 2018)

3.14-3 FOREIGN NATIONALS AS CONTRACTOR EMPLOYEES (OCT 2017)

3.14-5 SENSITIVE UNCLASSIFIED INFORMATION (SUI) (JUL 2013)

3.14-6 PRIVACY OR SECURITY SAFEGUARDS (NOV 2016)

3.17-3 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (JUL 2010)

3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS (JUL 2009)

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

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

(1) The names of all Subject Individuals who:

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

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

(iii) are used during performance; and

(2) The names of all former FAA employees, retained by the contractor who were employed by FAA during the two year period immediately prior to the date of:

(i) the award; or

(ii) their retention by the contractor; and

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

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

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

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

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

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

(1) Termination of the contract.

(2) Exclusion from subsequent FAA contracts.

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

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

ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS

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

[ ] A former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement and complete disclosure has been made in accordance with subparagraph (b) of AMS Clause 3.1.7-6.

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

Authorized Representative

Company Name

Date

(End of clause) 3.2.4-16 ORDERING (October 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract. Such orders may be issued from date of award through date funded through in Order.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders issued by facsimile, email or other electronic commerce methods are considered "issued" when the Government sends the order. Orders may be issued orally only if authorized in the contract.

(End of clause)

3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2014)

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

(End of clause)

3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (APR 1996)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years, six months.

(End of clause)

3.3.1-11 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1996)

Funds are not presently available for performance under this contract beyond TBD at time of contract award. The FAA's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the FAA for any payment may arise for performance under this contract beyond TBD at contract award, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(a) Definitions. As used in this clause

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4- character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

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

"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

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

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

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

(1) An offeror may obtain a DUNS number

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

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

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

(i) Company legal business.

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

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

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

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.

(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:

(A) change the name in the SAM database;

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

(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.

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

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the SAM database.