693KA8-19-R-00006 - Section H.pdf

693KA8-19-R-00006

PART I – THE SCHEDULE

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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H.1. Representations, Certifications, and Other Statements Incorporated by Reference

All written representations, certifications and other statements made by the Contractor in Section

K, and incident to award of this solicitation or contract are hereby incorporated by reference into this solicitation or contract with the same force and effect as if they were given in full text herein.

H.2. FAA AMS Clauses Incorporated in Full Text

3.1.9-1 Electronic Commerce and Signature (July 2018)

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

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

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

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

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

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

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

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash

Algorithm 1 (SHA-1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and

Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section

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

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

(End of Clause)

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H.3. FAA Right to Perform or Contract

The Government reserves the right to accomplish any work within the scope of this contract either by Government personnel or by another separate contract.

H.4. Notice to Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when difficulty is anticipated in complying with the contract delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor must immediately notify the

Contracting Officer (CO) and the Contracting Officer’s Representative (COR) in writing. This notification must give pertinent details, provided that this data must be informational only in character and that this provision must not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.

H.5. Key Personnel

Key personnel are considered essential to the work being performed. The Contractor must staff the positions listed below with key personnel subject to the terms and conditions in this clause.

The key personnel for this contract are:

Position Key Personnel Names

Program Manager ___________________

Deputy Field Program Manager ___________________

Deputy Academy Program Manager ___________________

The responsibilities of each position are summarized in Attachment J-2, Minimum Personnel

Qualifications. All Key Personnel must meet or exceed the minimum qualifications as defined in

Attachment J-2.

The Contractor agrees that the key personnel must be assigned to the performance of this contract and must not be removed from the contract or otherwise replaced unless authorized in accordance with this clause. The following instructions address the procedures for substituting key personnel:

(a) No substitution must be made by the Contractor without the expressed prior written consent of the CO. Any substitutions or additions are subject to the terms and conditions of this contract. During the first twelve (12) months of contract performance, no key personnel substitution is permitted except in the event of disabling illness, death, disciplinary action, demotion, bona-fide promotion, or termination of employment. The CO may consider substitutions on a case-by-case basis. At least thirty (30) calendar days before the Contractor seeks to make a substitution or addition, it must notify the CO and provide the information required by Paragraph (b) below.

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(b) All requests for substitutions or additions must provide the grounds for, and a detailed explanation of, the circumstances requiring the proposed substitution or addition. The

Contractor must also provide a complete resume for each proposed substitute or addition.

The CO may request other information necessary to make a determination on a request. The

CO will allow substitutions, if in the CO’s determination, the proposed substitute possesses qualifications equal or higher than those of the Key Personnel to be replaced. Additional Key

Personnel positions will be authorized and approved if, in the determination of the CO in consultation with the FAA Program Office, such personnel are essential for successful accomplishment of the work required under this contract.

H.6. Subcontracts

Prior to the placement of subcontracts and in accordance with Section I, 3.10.2-1 Subcontracts

(Fixed-Price Contracts) and 3.10.2-3 Subcontracts (Time-and-Materials and Labor-Hour

Contracts), the Contractor must ensure that:

(a) Subcontracts contain all of the clauses of this contract (altered when necessary for proper identification of the contracting parties) that contain a requirement for such inclusion in applicable subcontracts.

(b) Any applicable subcontractor's "Representations and Certifications" (see Section K) are current.

The Contractor must make flow down payments due to subcontractors in a timely manner consistent with FAA payments to the Contractor or sooner, if appropriate. The Contractor should not infer that payments to subcontractors are predicated or guaranteed solely on FAA payments to the Contractor.

H.7. Contractor Personnel

Contractor personnel include employees of the prime Contractor and all subcontractors engaged by the prime Contractor to perform work efforts under the CTS contract.

H.7.1. Personnel Qualifications

All Contractor personnel must satisfy the specific educational, experience, and technical qualifications expressed in Attachment J-2. Labor categories describe the type of experience or expertise and specific degree type needed. Skill levels describe the amount of experience required and level of education needed or preferred.

The FAA reserves the right to review and approve resumes of proposed Contractor staff to ensure that personnel being assigned to a task meet the minimum requirements for the labor category. In the event Contractor or subcontractor personnel do not meet the minimum qualification requirements identified in Attachment J-2, the Contractor must obtain the CO’s approval prior to the individuals’ commencement of work under this contract.

In determining if an employee’s level of education qualifies for a specific labor category/skill level, the Contractor must ensure that any degrees the employee has received were obtained from

H-4 accredited colleges only. In determining the amount of employee direct or related work experience, the Contractor must not count any time the employee spent acquiring education, in any form, including time on-the-job in a cooperative program.

The CO will provide notice to the Contractor when the CO finds that any Contractor employee is determined by the Government to be unsuitable for the performance of the assigned duties. The

Contractor must take appropriate action, including the removal of such employees from working on this FAA contract, at the Contractor’s expense.

H.7.2. Personnel Qualification Documentation

The Contractor must maintain personnel qualification documentation for all Contractor employees on the CTS Management Database in accordance with CDRL 011. Personnel qualification documentation includes, but is not limited to: (1) resumes, (2) dates of initial certification and all required training, (3) the applicable CTS Certification Form for each position requiring FAA certification, (4) data results of any proficiency demonstration, if requested by the

FAA, and (5) notice of employee attrition.

H.7.3. Personnel Security Requirements

(a) All Contractor personnel are subject to background investigation conducted by the

Government and must comply with the personnel security requirements of FAA Order

1600.1, Personnel Security Program and FAA Order 1600.72, Industrial Security Program.

(b) The Contractor must submit the required information for Contractor personnel to the applicable FAA Servicing Security Element (SSE) no later than 30 days prior to their anticipated start of work on the contract in accordance with FAA AMS clauses 3.14-2, Contractor Personnel Suitability Requirements and 3.14-4, Access to FAA Facilities, Systems, Government Property, and Sensitive Information.

(c) All Contractor and subcontractor personnel accessing FAA-owned or -provided information systems or computing infrastructure must complete annual Security Awareness Training in accordance with FAA Order 1370.121 (FAA Information Security and Privacy Program &

Policy).

H.7.4. Standards of Conduct for Contractor Personnel

The Contractor must provide personnel including subcontractors who are physically and emotionally competent to perform the work required under issued Task Orders (TOs). All persons assigned to perform work under a TO will at all times be under the control of the

Contractor. The Contractor is responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and is responsible for taking such disciplinary actions as necessary.

In addition to meeting legal and corporate requirements relating to standards of conduct matters, all personnel working on a TO must adhere to the FAA Order 1110.125B, FAA Accountability

Board standards and procedures relating to employee harassment and/or allegations of such behavior. These standards include allegations or incidents of verbal, written, graphic, or physical

H-5 harassment and other misconduct that creates or that may reasonably be expected to create an intimidating, hostile, or offensive work environment based on race, color, religion, gender, sexual orientation, national origin, age, or disability.

H.7.4.1. Standards of Conduct Violations

Upon receipt of allegations of, or witnessing, Contractor behavior that may violate satisfactory standards of employee competency, conduct, appearance, and integrity, the CO will notify the

Contractor. This notification will include the date of the incident and the name of the Contractor employee(s) involved, a description of the incident, and any additional relevant information. The

Contractor will be required to conduct any necessary fact-finding efforts and provide a response to the CO within ten (10) business days of the receipt of the CO’s notification. The CO will review the Contractor’s response and provide a final determination, which may include dismissal of the allegations, request for Contractor mitigation, or removal of the Contractor employee(s).

The Government reserves the right to suspend the certification of any Contractor employee pending the results of the investigation.

H.7.4.2. Accountability Board Intervention

Upon learning of allegations of, or witnessing, behavior that requires FAA Accountability Board intervention the FAA Training Administrator (TA) or responsible FAA manager will adhere to the Accountability Board process and report the incident to the CO and COR within two business days. The CO will contact the Accountability Board coordinator and notify the Contractor of the incident. In accordance with the Accountability Board process the Contractor must initiate an investigation of the incident and report the findings to the CO. Upon receipt of the investigation results from the Contractor, the CO will provide the information to the FAA Accountability

Board.

If the Contractor learns of allegations of, or witnesses, behavior by Contractor personnel that requires FAA Accountability Board intervention they must report the incident to the CO and

COR within two business days, initiate an investigation of the incident, and report the findings to the CO. Upon receipt of the investigation results from the Contractor, the CO will provide the information to the FAA Accountability Board. The Government reserves the right to suspend the certification of any Contractor employee pending the results of the investigation.

H.7.4.3. Notification of Charges by Law Enforcement Authority

In accordance with AMS Clause 3.14-2, upon learning that any person performing work under a

TO has been charged by a law enforcement authority for any offense other than a minor traffic offense, the Contractor must immediately notify the appropriate security office and the CO.

H.7.5. Contractor Staff Training

The Contractor must provide fully trained, qualified, and experienced personnel (including replacement personnel) required for performance of this contract. This includes training necessary for keeping personnel abreast of industry advances and for maintaining proficiency within an employee’s labor category. Contractor personnel must possess/obtain and maintain the

H-6 formal certifications required by the FAA for instructors to administer air traffic controller training courses in accordance with Attachment J-2 Appendix A, Contractor Certification

Requirements. Documentation of certification and training must be maintained in accordance with H.7.2, Personnel Qualification Documentation.

H.7.6. Changes in Skill Mix

It is understood that the mix of labor categories under a TO as well as the distribution of the effort among these categories may vary from the initial mix and distribution of effort that was estimated by the Government or proposed by the Contractor. The Contractor must not modify the skill mix of personnel assigned to a TO unless those changes are presented to the CO. Upon agreement between the Contractor and the CO, a TO may be modified to reflect the agreed upon adjustments within the original scope of the TO.

H.7.7. Employee Attrition

The Contractor must update the CTS Management Database in accordance with Section H.7.2, Personnel Qualification Documentation, within 72 hours of an employee’s separation. The

Contractor must return all FAA-issued identification cards and all other FAA property, including

Government Furnished Information (GFI), to the FAA designee.

H.8. Labor Category Requirements Waiver

The Contractor may petition the CO and request a waiver for any of the minimum requirements for an individual to be qualified for a specific labor category included in the contract. The waiver request must provide the name of the individual and his/her work location, the proposed labor category for which the waiver is requested, and the proposed effective date of the request. It should also contain a full justification as to why the minimum requirements should be waived, and the value accruing the FAA as a result of waiver approval. Waiver requests normally will be processed by the Government within 15 days of submission. Waiver requests are not granted unless approved by the Contracting Officer.

H.9. Government-Provided Training for Contractor Personnel

Subject to availability and as needed to support the Contractor’s delivery of the required services, the FAA may provide the following types of training to Contractor personnel:

Facility-specific familiarization and training for instructors and RPOs assigned to en route centers and terminal facilities;

Facility Instructor Training (FIT) for ATC Facility instructors;

Basic Instructor Training (BIT) for FAA Academy instructors;

Training for new National Airspace System (NAS) systems and NAS systems;

implemented within the last five (5) years, and;

Initial CADRE: Human Performance and Learning Training

The Contractor must notify the COR of the need for Government-provided training on a monthly basis to ensure Contractor compliance with the terms of this contract. If it affects the

H-7 performance of the contract, the Contractor may also provide notification of its need for

Government provided training on an as-needed basis. The Contractor must indicate in writing any adverse impact on contract performance if the requested Government-provided training is not available.

H.10. Maintaining Currency of Contractor Personnel

All Contractor personnel must maintain currency on the latest FAA policies and procedures applicable to their role(s) relative to the scope of services described in the CTS SOW and any task order-specific SOWs issued by the Government. The Contractor must provide its personnel with all changes/additions to FAA policies and procedures applicable to their respective role(s) in the performance of required CTS work efforts within 30 days of the changes/additions being published by the Government.

H.11. Service Contract Act Minimum Wage Determination

This contract is subject to the Service Contract Act of 1965, as amended. If any Service Contract

Act minimum wage determination is furnished for any site covered, availability of the wage determination will be addressed in Attachment J-6, Department of Labor Wage Determinations.

H.11.1. Wage Rate Determination

The following occupations must apply to this contract per the wage determination issued under the Service Contract Act of 1965, as amended by the Department of Labor (DOL) for

Occupations.

Occupation Code DOL Title CTS Labor Category

01312 Secretary II Training Materials Administrator I

01313 Secretary III Training Materials Administrator II

14041 Computer Operator I Remote Pilot Operator (RPO)

30462 Technical Writer II Technical Writer

14045 Computer Operator V En Route Radar Simulator Operator

(RSO)

The wage rates incorporated under this contract for or during a fiscal year will be the same wage rates applicable for the entire contract year. The Contractor must not pay its employees less than the established DOL minimum wage rate or the applicable rate incorporated for the performance year.

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H.12. Access to Government Facilities

Access to all Government facilities must be coordinated with the Government’s FAA designee for the facility. While Contractor personnel are at Government facilities, they must comply with all rules and regulations of the site.

While on Government facility, all Contractor personnel must wear Government-issued badges that identify the wearer as a Contractor (non-Government) employee.

H.13. Observance of Legal Holidays

(a) The Government observes the following Federal Holidays:

(1) New Year's Day (6) Labor Day

(2) Martin Luther King's Birthday (7) Columbus Day

(3) Washington’s Birthday (8) Veterans Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

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

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

(3) Any other day designated by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel does not constitute a reason for an additional period of performance or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the

Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

H.14. FAA Facility Closure, Early Dismissal, or Excused Absence

(a) Adverse weather conditions or other emergencies may require the closure or early dismissal of an FAA facility. No Contractor activity is expected at the affected facility during periods of facility closure and/or early dismissal, nor will any such activity be permitted during these periods without prior authorization from the CO or COR.

(b) The FAA may provide the Contractor with notice of any FAA facility closures through the use of public broadcast announcements on local television and radio stations, as well as through FAA sources to include, but not limited to phone lines and websites. It is the

Contractor’s responsibility to determine the open or closed status of facilities.

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(c) The Government will not compensate the Contractor for hours not worked as a result of an

FAA facility closure, early dismissal, or excused absence.

H.15. Overtime

In accordance with the Fair Labor Standards Act (FLSA), non-exempt employees covered by the

Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The Government expects the Contractor will perform all work, so far as practicable, without requesting overtime, however it is understood that overtime may be occasionally necessary to meet urgent or unforeseen Government requirements.

In those instances, the Contractor must submit a written request for overtime in advance of incurring the cost for overtime for review and approval. Approval must be obtained from the CO or COR in advance, however; if justified by emergency circumstances, approval may be granted retroactively. FLSA exempt employees on this contract are not eligible for overtime premium pay.

H.15.1. Uncompensated Overtime

Hours worked in excess of 40 hours per week by FLSA exempt (salaried) employees and charged to the FAA without compensation to the employee for the additional hours worked are defined as uncompensated overtime. Uncompensated overtime on this contract is not encouraged.

H.16. Confidentiality of Data and Information

In the performance of this contract, the Contractor may have need for access to and use of various types of data and information in the possession of the Government, which the

Government obtained under conditions which restrict the Government's right to use and disclose the data and information, or which may be of a nature that its dissemination or use other than in the performance of this contract, would be adverse to the interests of the Government or other parties. Therefore, the Contractor, and any consultants or lecturers, agree to abide by any restrictive use conditions on such data and not to:

(a) Knowingly disclose such data or information to others without written authorization from the

CO, unless that data or information has otherwise become available to the public through no action or fault of the Contractor; and

(b) Use for any purpose other than the performance of this contract that data which bears a restrictive marking or legend, unless such information or data has otherwise fallen into the public domain through no action or fault of the Contractor.

In the event the work required to be performed under this contract requires access to proprietary data of other companies, the Contractor must obtain agreement from such other companies for such use unless such data is provided or made available to the Contractor by the Government.

Two copies of such company-to-company agreements must be furnished promptly to the CO for the Government's information. These agreements must prescribe the scope of authorized use of disclosure, and other terms and conditions to be agreed upon between the parties thereto. It is agreed by the Contractor that any such data, whether obtained by the Contractor pursuant to the

H-10 agreement or from the Government must be protected from unauthorized use of disclosure to any individual, corporation, or organization so long as it remains proprietary.

The Contractor agrees to make employees aware of the requirement to maintain confidentiality of data and/or information, and in the necessity to refrain from divulging either the proprietary data of other companies or data that is obtained from the Government to anyone except as authorized. The Contractor must obtain from each employee, engaged in any effort connected with this contract, an agreement, in writing, which must in substance provide that such employee will not, during his/her employment by the Contractor, or thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual, any trade secrets, confidential information or proprietary/restricted data (to include Government "For Official Use Only") received in connection with the work under this contract unless such information otherwise falls in to the public domain through no action or fault of the Contractor or employee. The Contractor must furnish this agreement to the Government upon request.

The Contractor agrees to hold the Government harmless and to indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third party data or software by the Contractor, its employees, consultants, lecturers, or other agents of any kind.

The Contractor agrees to include the substance of this provision in all subcontracts, including consultant and lecturer subcontracts, awarded under this contract. The CO will consider case-by-case exceptions from this requirement for individual subcontracts in the event that (1) the

Contractor considers the application of the prohibition of this provision to be inappropriate and unnecessary in the case of particular subcontract; (2) the subcontractor provides a written statement affirming absolute unwillingness to perform absent some relief from the substance of this prohibition; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the Contractor provides the CO timely, written, advance notice of these and any other extenuating circumstances.

Except as the CO specifically authorizes in writing, upon completion of all work under the contract, the Contractor must return all data and information obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the CO. Data obtained from other companies must be disposed of in accordance with the Contractor's agreement with that company, or, if the agreement makes no provision for disposition, must be returned to that company. The Contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations thereof of data or information, which cannot reasonably be returned to the CO (or to a company) have been deleted from the Contractor's (or subcontractor's) records and destroyed. These restrictions do not limit the Contractor's (or subcontractor's) right to use and disclose any data or information obtained from other sources without restriction.

H.17. Security of Government Information Systems

When using computer, network, and/or communication systems operated by or on behalf of the

FAA, the Contractor must comply with the security requirements outlined in OMB Circular A-

130 Appendix III, Security of Federal Automated Information Resources, the FAA Security

Authorization Handbook, and FAA Security Orders, including FAA Personnel Security Order

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1600.1 and FAA Order 1370.121, FAA Information Security and Privacy Program & Policy.

Contractor personnel must complete annual Information System Security LOB Awareness

Training and any other security training required by the DOT/FAA. Documentation of completed training must be maintained by the contractor in the CTS Management Database in accordance with Section H.7.2.

H.18. Notification of Debarment/Suspension

The Contractor and its subcontractors must provide immediate notice to the CO in the event of being suspended, debarred or declared ineligible by any Federal Government Agency or

Department, or upon receipt of a notice of proposed debarment from any Federal Government

Agency or Department during the performance of this contract.

H.19. Save Harmless and Indemnity Agreement

The Contractor must save and keep harmless and must indemnify the Government against any and all liability, claims, demands, and costs, of whatever kind and nature, for injury to or death of a person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of performance of the

Contractor, or any subcontractor, or any employee, agent, or representative of the Contractor or any subcontractor.

H.20. Quality Management

The Contractor must perform Quality Management as described in SOW paragraph C.4.2.6. The

Contractor must measure the quality of provided services in accordance with the Government-approved Quality Management Plan (CDRL 003).

The Contractor must analyze quality measurements and advise the Government via the Monthly

Status Report (CDRL 004) when deficiencies and negative trends are identified with respect to the quality of the services, and provide the Government with a plan to improve quality in those areas.

H.21. Release and Dissemination of Information

(a) There must be no dissemination or publication, except in and between the Contractor and any subcontractors, of information (including photographs, films, public announcements, or denial or confirmation of same) contained in reports to be furnished pursuant to this contract without prior written approval of the CO.

(b) The Contractor and any subcontractors must not refer to the services furnished pursuant to the provisions of this contract in any publication, advertisement, news release, or social media posting without the prior written consent of the CO.

H.22. Government Postponement or Cancellation of Scheduled Services

At no cost to the Government, the Contractor must accommodate Government-initiated changes to the agreed upon service delivery schedule when they occur at least one (1) business day prior https://employees.faa.gov/tools_resources/orders_notices/index.cfm/go/document.information/documentID/1030708

H-12 to the planned service delivery date/time for the FAA Academy and at least three (3) business days prior the planned service delivery date/time for field locations. Changes include

Government-initiated postponement of the service delivery date/time and the cancellation of planned services.

If a cancellation occurs within one (1) business day of the planned service delivery date/time for the FAA Academy or within three (3) business days of the planned service delivery date/time for field locations, the Government may elect to: (1) have the Contractor personnel report to the scheduled location to provide related support within the scope of the CTS SOW; or (2) have the

Contractor personnel not report to the scheduled location. In the latter case, the Contractor must advise the Contracting Officer of any costs incurred as a result of the cancellation and obtain approval before the costs are invoiced. If cancellation occurs after the start of a course, the

Contractor will be permitted to invoice for all services provided in support of that course up to the point that the course was cancelled.

H.23. Interpretation of Contract (Notice of Ambiguities)

(a) This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto, constitute the parties' complete agreement, and no other prior or contemporaneous agreements either written or oral must be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language, but must be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(b) It is the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the CO at the earliest possible time, any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with such obligations may be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies and conflicts.

H.24. Personal Services

(a) No personal services must be performed under this Contract. No Contractor employee will be directly supervised by the Government. All individual Contractor employee assignments, and daily work direction, must be given by the applicable Contractor supervisor. If the

Contractor believes that any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action.

(b) The Contractor must not perform any inherently Governmental functions under this contract.

No Contractor employee must hold him or herself out to be a Government employee, agent or representative. No Contractor employee must state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees must identify themselves as Contractor

H-13 employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the

Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

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

H.25. Contract/Task Order Meaning of the Term “Days”

Except in instances where it is specifically defined or stated to the contrary, all references to

“days” must be taken to mean calendar days.

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