692M15-22-R-00012_Amendment 006.pdf

7. ADMINISTERED BY (If other than Item 6) CODE AFN AFN

4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

12/12/2022

FACILITY CODE

(X)

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 1

2. AMENDMENT/MODIFICATION NO.

6. ISSUED BY

AAQ-650 WJHTC Branch

CODE

AAQ-650 WJHTC, Jeffrey Young

5. PROJECT NO. (If applicable)

FAA William J. Hughes Technical Center Building 300, Fourth Floor Atlantic City International Airport Atlantic CIty NJ

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

FAA William J. Hughes Technical Center Building 300, Fourth Floor Atlantic City International Airport 08045

9A. AMENDMENT OF SOLICITATION

NO.

692M15-22-R-00012

9B. DATED (SEE ITEM 11)

09/15/2022

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE

PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment 006 is issued to reflect:

a). Amended Solicitation. The proposal due date located in Section L.1 General Proposal Instructions of the solicitation has been extended to 1/11/2023 at 5 PM local time.

All Offerors are notified to use the revised SIR to prepare their proposals.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Kimberly Hulme

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

OMB Control No. 2120-0595 (SF-30) FAA Template No. 11 (8/97)

X X

3. SOLICITATION TYPE

SEALED BID (IFB)

2. SOLICITATION NUMBER

AFN

SOLICITATION, OFFER AND AWARD

4. DATE ISSUED

9/15/22

1. CONTRACT NO. 5. REQUISITION/PURCHASE NUMBER

6. ISSUED BY CODE

AAQ-650 WJHTC Branch FAA William J. Hughes Technical Center Building 300, Fourth Floor Atlantic City International Airport Atlantic City NJ 08045

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 1 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 See Section L.1, General Proposal Instructions until 1700 ES

(Hour) local time 1/11/23

(Date)

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

9. FOR

INFORMATION

CALL

A. NAME

Jeffrey Young

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

jeffrey.young@faa.gov AREA CODE

NUMBER

485-4693

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 22

X B SUPPLIES OR SERVICES AND PRICE/COST 3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 5 X J LIST OF ATTACHMENTS 41

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 12 X L INSTR., CONDS., AND NOTICES TO OFFERORS 50

X H SPECIAL CONTRACT REQUIREMENTS 15 X M EVALUATION FACTORS FOR AWARD 58

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 9 0 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)

Kimberly Hulme

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

FACILITY

15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

16. SIGNATURE 17. OFFER DATE

AREA CODE NUMBER EXT.

SECTION A GENERAL INFORMATION

TASK ORDERS FOR THE BASE PERIOD WILL BE ISSUED CONCURRENTLY WITH THE

CONTRACT AWARD AND WILL CONSTITUTE THE GOVERNMENT’S MINIMUM

ORDERING OBLIGATION.

A.1 GOVERNMENT POINTS OF CONTACT

Contracting Officer:

FAA William J Hughes Technical Center (WJHTC) Attn: Kimberly Hulme, AAQ-650 Atlantic City International Airport, NJ 08405 Phone: 609-485-5726 Email: Kimberly.Hulme@faa.gov

Contracting Specialist:

FAA William J Hughes Technical Center (WJHTC) Attn: Jeffrey Young, AAQ-650 Atlantic City International Airport, NJ 08405 Phone: 609-485-4693 Email: Jeffrey.Young@faa.gov

PART I- SECTION B

SECTION B SUPPLIES/SERVICS & PRICE/COST

B.1 IDENTIFICATION OF SERVICES

This contract is for the custodial services at the Federal Aviation Administration’s (FAA) William J.

Hughes Technical Center (WJHTC). A single, hybrid firm‐fixed‐price, indefinite delivery / indefinite quantity (IDIQ), and cost reimbursable contract will be awarded for custodial services. The contract will have a base period of one (1) year, and four (4) one (1) year options periods. In addition, a one (1) month optional transition period will be exercised unless contract award is made to the predecessor. All option periods are awarded at the sole discretion of the FAA.

The contract is set aside for small businesses under the North American Industry Classification Code (NAICS) 561720 Janitorial Services, with a size standard of $19.5 million.

The Contractor must provide all labor, vehicles, transportation, communication devices, materials, consumables, paper products, equipment, tools, escorts, supervision, and management necessary to perform specified custodial services in Attachment 10, Statement of Work (SOW), and as ordered by the FAA through the issuance of task orders. The only person authorized to either issue or modify task orders under this contract is the Contracting Officer.

B.2 TRANSITION PERIOD

Custodial services are vital to the Technical Center’s overall mission and must be provided without interruption. The successful contractor is responsible for providing the services in accordance with the Statement of Work beginning 12:00 midnight [Date will be inserted at time of award]. A transition period of 30 calendar days begins [will be inserted at time of award]. This time is provided to educate Key Personnel to allow a seamless transition from the current contract to the new contract. This 30-day transition period must be priced by the Offeror in Attachment 11, Schedule B, but will be excluded for evaluation purposes. This is done in order to avoid an unfair advantage for the incumbent contractor.

It is anticipated that the new contractor will utilize this time to accomplish the following:

a) Participate in in-depth discussions, meetings and tours with the Contracting Officer

(CO), Contracting Officer Representative (COR) and the Servicing Security Element (SSE), for the purposes of familiarization of the total job requirement and general type of work performed by the WJHTC and its Tenants.

b) Review FAA and WJHTC prescribed orders, policies and procedures.

c) Hire, train, and qualify contractor personnel capable of performing the duties and responsibilities of the contract. Required number of contract personnel must be ready to begin performance at 12:00 midnight [Date will be inserted at time of award].

Refer to Section 3.6.2.2, and 3.6.2.3 of Attachment 10, Statement of Work for detailed requirements.

d) Establish work schedules and staffing plan. Refer to Section 3 of Attachment 10, Statement of Work and Attachment 3, Staffing Plan for detailed requirements.

e) To supply the Contracting Officer (CO) and Contracting Officer’s Representative (COR) the required documents contained in Attachment 2 Schedule of Deliverables.

B.3 RATES FOR SERVICES

The Contractor must provide a firm fixed price unit cost for each CLIN identified in the Contractor Data Entry tab of the Schedule B in Attachment 11. The Contractor must also provide the unit cost per square foot for enhanced cleaning per the IDIQ CLINs identified in the Contractor Data Entry tab. These rates will be incorporated at contract award, and utilized to price task orders. The rates represent effort performed by either the prime contractor or any subcontractor(s) as required. The work will be performed at the FAA, William J. Hughes Technical Center, thus all labor rates will be “onsite”. The Government has the right to reallocate labor hours and funding between the labor categories for the CLINs.

See Attachment 10 Statement of Work, section 8.3.1 for information regarding monthly metrics and deductions for failure to perform, which could impact rates of services.

B.4 SERVICE CONTRACT ACT WAGES

The Department of Labor (DOL) conducts periodic labor wage survey determinations by geographic location under the Service Contract Act (SCA). SCA establishes standards for prevailing compensation and safety and health protections for employees performing work for contractors and subcontractors on service contracts entered into with the Federal Government. The Contractor is required to comply with ALL terms and conditions of the Service Contract Act of 1965, as amended. Each service employee employed in the performance of this contract by the Contractor must be paid not less than the minimum monetary wage and will be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative. The Contractor will be responsible for staying abreast of changes to wage surveys that may impact Contractor personnel utilized by the Government on this contract.

The Contractor will adjust employee wages to ensure that no employee is employed at a rate less than what is called for by the SCA and DOL surveys.

B.5 MINIMUM ORDERING OBLIGATION AND MAXIMUM ORDERING OBLIGATION

The minimum ordering obligation under this contract is $XXX [amount will be inserted at time of award], subject to the availability of Congress appropriating funds. This amount will be obligated for the base period and issued concurrently with the contract award. The Government has no obligation to order additional supplies or services or issue additional task orders to the contractor beyond the minimum ordering obligation specified.

PART I- SECTION C

SECTION C – SCOPE OF WORK

See Attachment 10, Statement of Work

PART I- SECTION D

SECTION D – PACKAGING AND MARKING

Clauses N/A

PART I- SECTION E

INSPECTION and ACCEPTANCE

3.1-1 CLAUSES AND PROVISIONS INCORPERATED 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)

3.10.4-2 INSPECTION OF SUPPLIES –FIXED PRICE (NOV 1997)

3.10.4-3 INSPECTION OF SUPPLIES –COST REIMBURSEABLE (APR 1996)

3.10.4-4 INSPECTION OF SERVICES –BOTH FIXED-PRICE& COST REIMBUREMENT (APR 1996)

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

3.10.4-9 INSPECTION OF FACILITIES (APR 1996)

3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)

The remainder of this page has been intentionally left blank.

PART I- SECTION F

DELIVERIES OR PERFORMANCE

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.

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 60 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 30 days (if a security clearance must be obtained, at least 60 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.

3.10.1-9 STOP-WORK ORDER (OCT 1996)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the default or the termination provisions of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F.1 PLACE OF PERFORMANCE

The efforts to be accomplished under this contract will be performed at the William J. Hughes Technical Center, Atlantic City International Airport, NJ 08405 and at a professional suite and remote facility located at the addresses below:

Suite 205: 6550 Delilah Road, Egg Harbor Township, New Jersey.

Building 200: 1300 Pleasant Mills Road, Elwood, New Jersey.

F.2 PERIOD OF PERFORMANCE

The Period of Performance is a one-month transition period, a 12-month base period, and four 12-month option periods, for a total period of performance of 61 months. The one- month transition period will be exercised by the Government unless the predecessor receives contract award.

F.3 DELIVERABLES

The Contractor must deliver the following deliverables in accordance with Attachment 2, Schedule of Deliverables and Attachment 10, Statement of Work.

Description SOW Reference Due By Recurrence

Staffing Plan 3.3 7 calendar days from Contract award N/A Staffing Plan Update 3.3 End of Transition Period or 7 calendar days after Contract award if awarded to predecessor.

As required

Contractor Provided Training 3.6.1 All new employees (full‐time and part‐ time) must complete the training requirements within 30 calendar days of their start of employment

As required

Archibus Training Schedule 3.6.2.2 7 calendar days after the award of the Contract or 7 calendar days after the hiring of a Key Personnel position.

As required

List of Contractor personnel requiring AOA access

3.6.2.3 7 calendar days from Contract award or 7 calendar days after the hiring of a new employee requiring AOA access.

As required

Completed AOA Training 3.6.2.3 End of Transition Period or within 30 calendar days of a new employee’s start of employment that requires AOA access.

As required

Training Records 3.6.3 5th of each Month Monthly Notification of employee departure / return Government property

3.9 Upon employee departure As required

Health and Safety Plan 4.1 7 calendar days from Contract award N/A Initial list of chemicals with SDS 4.3 7 calendar days from Contract award N/A Request for approval of new chemical with SDS

4.3 Prior to use As required

Mishap reports 4.4 Two hours after mishap As required Two-way radio submittal 5.1.3 7 calendar days from Contract award N/A Evidence of two-way radio de-programming

5.1.3 Prior to final invoice submission N/A

Unique Identifier number/ Serial number/ Person or Vehicle Assignment

5.1.3 (f) 30 calendar days from Contract award N/A

Report of findings of joint walkthrough of GFP

5.2.2 14 calendar days after walkthrough As required

Key Inventory 5.2.4 As requested N/A Quality Control Plan 7.1 10 calendar days from Contract award N/A Quality Control Inspections 7.2 each Monday Weekly Quality Control Reports 7.3 14 calendar days after each quarter Quarterly Response to Monthly Metric Report

8.3.1 7 calendar days from receipt of Report

Monthly

Status Reports 9.7.2 Within one hour of request As required Report of denied access to space/facility

9.7.3 End of shift As required

Report of change to locked office cleaning schedule

9.7.3.1 End of shift As required

Report of issue preventing completion of work

9.7.4 End of shift As required

Request for approval of material/supply purchases

9.10.1 Prior to purchase As required

Archibus Updates 9.11 Close of business Daily Initial PM Schedules 9.12.2.1 3rd week of Transition Period or first week of Contract performance if awarded to predecessor

N/A

Restroom Log Sheets 9.13.2.1 As requested N/A Report for planned preventive maintenance floor work

9.13.3 Friday, 12:00pm Weekly

Window Washing Schedule 9.13.4 30 calendar days prior to commencing work

Annual

Work Request to disable smoke detectors for B316 atrium

9.13.4 7 calendar days prior to commencing work

Annual

Subcontractor Report 9.13.9 9:00am each morning following subcontractor work

As required

PART I- 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:

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

G.1 DESIGNATION OF CONTRACTING OFFICER (CO)

The FAA Contracting Officer's name and address assigned to this contract are as follows:

FAA William J. Hughes Technical Center Acquisition & Grants Group AAQ-650 Attention: Kimberly Hulme Atlantic City International Airport, NJ 08405 Email: Kimberly.Hulme@faa.gov Phone: 609-485-5726

The Contracting Officer is responsible for all contract administration under the contract. The Contracting Officer may designate, in writing, a Contract Specialist who will assist in the administration of contractual matter under the contract. All correspondence regarding contract administration should be addressed to the Contracting Officer.

The Contracting Officer identified is the only person authorized to approve changes in any of the requirements under the contract and, notwithstanding any clause contained elsewhere in the contract, the said authority remains solely with the Contracting Officer. No verbal statement by any person, or unwritten statement by anyone other than the Contracting Officer, or his/her authorized representative acting within the scope of his/her authority, shall be interpreted as modifying or otherwise affecting the terms of this solicitation or any resulting contract. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract to cover any increase in commodity as a result thereof.

All requests for interpretation shall be made in writing to the Contracting Officer. The contractor shall submit request for modification of the contract to the Contracting Officer with a copy of the request to any appointed Contracting Officer’s Technical Representative.

Contracting problems, of any nature, that may arise during the life of the contract must be handled in conformance with the FAA Acquisition Management System regulations. Only the Contracting Officer is authorized to formally resolve such problems. The Technical Officer and the Contractor shall bring all such unresolved contractual problems to the immediate attention of the Contracting Officer.

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATION (COR)

The Contracting Officer hereby designates the following individual as the COR for this contract:

FAA William J. Hughes Technical Center Attn: Christian Brenner -ANG-E331 Atlantic City International Airport, NJ 08405 Email: christian.brenner@faa.gov Phone: (609) 485-9159

G.3 INTERPRETATION or MODIFICATION

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

G.4 INVOICES AND PAYMENT

Invoicing must be in accordance with AMS 3.3.1-1 Payments (July 2018).

(a) The contractor must access the e-invoicing portal found at https://einvoice.esc.gov/ to electronically submit each invoice.

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

(c) Name and address of the contractor.

(2) Invoice date.

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

(4) Period covered by the invoice.

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

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

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

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

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

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

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

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

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

G.5 CERTIFICATION AND WITHHOLDING OF PAYMENTS

The FAA intends to make payments within 30 calendar days of receipt of a properly prepared invoice identified by contract number submitted via the e-invoicing portal in paragraph G.4.

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

G.6 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

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

New Year's Day January 1 Martin Luther King's Birthday 3rd Monday in January President's Birthday 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran's Day November 11

Thanksgiving Day 4th Thursday in November Christmas December 25

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

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

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

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

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

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

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PART I- SECTION H

SPECIAL CONTACT REQUIREMENTS

Clause List

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:

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)

3.2.5-7 Disclosure Regarding Payments to Influence Certain Federal Transactions (JAN 2022)

(a) Definitions.

(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.

(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government Corporation within the meaning of 31 U.S.C. 9101.

(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:

(i) The awarding of any Federal contract.

(ii) The making of any Federal grant.

(iii) The making of any Federal loan.

(iv) The entering into of any cooperative agreement.

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.

(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

(7) "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:

(i) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.

(ii) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.

(iii) A special Government employee, as defined in section 202, title 18, United States Code.

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States Code, appendix 2.

(8) 'Person,' as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(9) 'Reasonable compensation,' as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

(10) 'Reasonable payment,' as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

(11) 'Recipient,' as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(12) 'Regularly employed,' as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person must be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

(13) 'State,' as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions. The Offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal action) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the screening information request (SIR), the Offeror must complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer;

and

(3) He or she will include the language of this clause in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 must disclose accordingly.

(4) This certification and disclosure is a prerequisite for making or entering into this contract imposed by the Act.

Any person who makes a prohibited expenditure or fails to file or amend a disclosure form, must be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure.

(c) The prohibitions of the Act do not apply under the following conditions:

(1) Agency and legislative liaison by its own employees.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.

(ii) For purposes of subdivision (c)(1)(i) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(iii) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:

(A) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(iv) The following agency and legislative liaison activities are permitted where they are prior to Screening Information Request (SIR) of any covered Federal action:

(A) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(B) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(C) Capability presentations by persons seeking awards from an agency pursuant to the provisions of a law authorizing such actions;

(v) Only those services expressly authorized by subdivision (c)(1)(i) of this clause are permitted under this clause.

(2) Professional and technical services.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of:

(A) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(B) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(ii) For purposes of subdivision (c)(2)(i) of this clause, 'professional and technical services' must be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a submittal/offer by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's submittal/offer, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a submittal/offer are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.

(iii) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(iv) Only those services expressly authorized by subdivisions (c)(2)(i) and (ii) of this clause are permitted under this clause.

(v) The reporting requirements herein must not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

(d) Disclosure.

(1) If the Contractor, who requests or receives from an agency a Federal contract, has made or has agreed to make any payment using non-appropriated funds (to include profits from any Covered Federal action), to any person for the purpose of influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with a Covered Federal action, the Contractor must file with that agency a disclosure form, OMB Standard Form LLL, Disclosure of Lobbying Activities..

(2) The Contractor must file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (d)(1) of this clause. An event that materially affects the accuracy of the information reported includes:

(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or

(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or

(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

(3) The Contractor must require the certification, and if required, a disclosure form by any person who requests or receives any subcontractor exceeding $150,000 under the Federal contract.

(4) All subcontractor disclosure forms must be forwarded from tier to tier until received by the prime Contractor. The prime Contractor must submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor.

(e) Agreement. The Contractor agrees not to make any payment prohibited by this clause.

(f) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or fails to file or amend the disclosure form to be filed or amended by paragraph (b) must be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representations made by their subcontractors in the certification and in the disclosure form.

(g) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

3.8.2-17 Key Personnel and Facilities (JUL 2019)

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

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

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

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

Project Manager

Night Manager

Quality Control Manager

Data Manager

[List key personnel and/or facilities]

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…