Section H _ Special Contract Requirements.pdf

SIR 693KA8-20-R-00008

PART I – SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1.0 REIMBURSEMENT FOR TRAVEL

The contractor will be reimbursed for allocable and allowable travel expenses that are required, approved, and incurred by Contractor personnel traveling outside the commuting range of their assigned work location in performance of this contract.

H.2.0 TRAVEL

The Contractor must ensure that:

1. All travel, whether it be within the continental United States or outside the continental United

States, must be accomplished by commercial carrier, privately-owned automobile, or auto rental, and the cost must be paid by the Contractor. The Government will reimburse the Contractor for travel on a cost plus general and administrative expense (no fee) basis, in accordance with the

General Services Administration's (GSA) “Federal Travel Regulations (FTR)” for domestic transportation if by commercial or Government carrier, and at the going rate per mile, plus road and bridge tolls, when travel is performed by private automobile. Auto rental will be reimbursed at actual cost, plus road and bridge tolls.

2. The travel reimbursable herein includes only that travel (commercial carrier, private automobile, auto rental) performed in accordance with the Statement of Work (submittal of receipts is required). Travel within a Government installation where Government transportation is available, and travel performed for personal convenience, including daily travel to and from work for both limited (i.e., exceeding three days duration in a given month) as well as longer term duration, will not be reimbursed.

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

H.3.0 PER DIEM

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

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

H.4.0 NOTIFICATION OF DEBARMENT/SUSPENSION STATUS

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.5.0 DISSEMINATION OF CONTRACT INFORMATION

The Contractor cannot publish, permit to be published, or distribute for public consumption any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. This statement includes seminars, professional society meeting/conferences, and meetings with foreign dignitaries from both government and the private sector. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer. The following schedule is established as a guideline for the Contractor when requesting consent (calendar days):

a. Written information - 10 working days

b. Oral information - 10 working days

c. Congressional information – 7 working days

For any Contractors’ proposal(s) for prospective work, exclusive of this contract, for which the

Contractor may employ information generated in the performance of this contract, the Contractor is required only to notify the Contracting Officer of its intent to submit a proposal. Such notification must include a brief description of the requirement for which the Contractor is proposing and indicate the Government or business entity to which the proposal is being submitted.

H.6.0 RELATIONSHIPS, INTERPRETATIONS, AND MODIFICATIONS

The Contractor must provide support to the Government by completing work within the Statement of Work and as assigned under this contract. The Contractor must not provide technical direction of, or assume the Government's responsibility, under any programs. Although the effort under this contract may include recommendations to the Government, specific Government approval and action will be necessary before such recommendations can become effective. The Contractor's efforts must not be binding on other Government contractors. The Contractor must not take any action with respect to other contractors which causes any change in their contract scope of work, cost, or scheduling. No oral statement of any person, and no written statement of anyone other than the Contracting Officer or the COR, acting within the limits of the authority specified in such designation, will modify or otherwise affect any provision of this contract.

H.7.0 CONTRACT ACQUIRED PROPERTY

Title to material, equipment, and property that the Contractor is authorized to purchase under this contract as a direct cost to the Government must pass to and vest in the Government upon receipt of the equipment or property by the contractor. This property will be controlled in accordance with

AMS Clause 3.10.3-2, Government Property (April 2019). Inspection and acceptance provisions for this property will be identified at the time the purchase is authorized.

H.8.0 REPRESENTATIONS AND CERTIFICATIONS

Representations and Certifications provided in Section K and as executed by the Contractor are incorporated herein by reference and made a part of the contract.

H.9.0 FAA FACILITY REGULATIONS

Contractor personnel, including employees of subcontractors, suppliers, etc., working or visiting an FAA facility, must abide by all appropriate traffic, parking, security, and airport regulations in effect at that facility.

H.10.0 RESTRICTIONS ON PRINTING AND DUPLICATION

a. The Congressional Joint Committee on Printing does not intend that contractors become prime or substantial sources of printing for department or agencies. Therefore, the inclusion of printing, as defined in this paragraph, within contracts for the manufacture and/or operation of equipment and for services such as architectural, engineering, and research, is prohibited unless authorized by the Joint Committee on Printing.

b. This regulation does not preclude the procurement of writing, editing, preparation of manuscript copy, or preparation of related illustrative materials as part of the contract; or administrative printing, e.g., forms and instruction materials necessary to be used by the Contractor to respond to the terms of a contract. Nor does it preclude recording manuscript copy in digital form for typesetting purposes, provided coding instructions have been approved by the Central Printing and

Publications Management Office. However, the printing of such material for the Government must be accomplished in accordance with printing laws and regulations.

c. A requirement for a Contractor to duplicate less than 5,000 units of only one page, or less than

25,000 units in the aggregate of multiple pages for the use of a department or agency, will not be deemed to be printing primarily or substantially for a department or agency.

d. A requirement for a contractor to produce or procure less than 2,500 duplicates from original microform will not be deemed to be printing primarily or substantially for a department or agency.

e. When printed materials required to be furnished under this contract exceed the production unit limits or is otherwise not permitted as specified above, the Contractor must furnish such material with unjustified margins in clear typed text, on one side only, as well as line drawings and photographs which are suitable for camera-ready copy for offset printing.

f. The restrictions set forth above apply to each individual document and are not cumulative under the terms of the contract.

g. All printing funded under this contract must be done in conformance with Joint Committee on

Printing regulations as prescribed in Title 44, United States Code, and Section 308 of P.L. 101-

163, and all applicable Government Printing Office and DOT regulations.

H.11.0 RELEASE OF INFORMATION

The Contractor (including individual employees thereof) must not release or communicate, except as required by law or regulations, information, including any news release, public announcement, or advertising material concerned with this contract, whether orally or in writing, unless authorized by the Contracting Officer. News releases pertaining to this contract must not be made without prior approval of the Contracting Officer. A minimum of one (1) weeks’ notice is required for approval.

H.12.0 EMPLOYEE TERMINATION

The Contractor must notify the Contracting Officer in writing whenever an employee performing work under this contract is terminated. The contractor will be responsible for returning, or ensuring that the employee returns all DOT-issued Contractor/Employee identification and all other DOT property. Where a contractor is terminated for cause or misconduct, the contractor must immediately confiscate the employee’s DOT issued contractor/employee badge. In such instances, an email must be sent to the COR, CO, and local security office identifying the dismissal.

H.13.0 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.

3.8.2-17 KEY PERSONNEL AND FACILITIES (JULY 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 shall be made by the Contractor without the written consent of the Contracting

Officer.

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

1. Program Manager – Has overall responsibility for all work efforts performed under the

DC BUS contract. Serves as the Contractor’s primary focal point to the Government’s DC BUS

Program Office. Must be a full-time employee of the prime contractor and possess a minimum of three (5) years of program management experience of similar size, scope and complexity. (SOW

C.3.1 Program Management).

2. Alternate Program Manager – Is to be made available in the temporary absence of the

Program Manager. Must be a full-time employee of the prime contractor, familiar with the SOW and performance requirements, possess a minimum of one (3) year of program management experience with a contract of similar size and scope in a FAA or corporate environment. (SOW

C.3.1 Program Management).

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:

1. 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

(2) below.

2. 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 discretion; 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.

3.13-15 CONFIDENTIALITY OF DATA & INFORMATION (NOVEMBER 2016)

(a) In performance of this contract, the contractor and any of its subcontractors, may need access to and use various data and information in the possession of the Government. This data and information may have been obtained under conditions which restrict the Government's right to use and disclose this data and information or which may be adverse to the interests of the Government or other parties if it is disseminated or used in a capacity other than in performance of this contract.

Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to:

(1) Knowingly disclose such data and information to others without written authorization from the

Contracting Officer, unless it is already publically available; or

(2) Use for any purpose other than the performance of this contract any data or information which bears a restrictive marking or legend which the contractor has gained access to through the performance of this contract, or information that should be marked according to FAA Order

1600.75 "Protecting Sensitive Unclassified Information (SUI)". For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form.

(b) In the event the work required to be performed under this contract requires access to proprietary data and information of other companies, the contractor must obtain agreement from such other companies for such use unless such data are provided or made available to the contractor by the

Government. Two copies of such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use and disclosure of the proprietary data and information as well as any other terms and conditions to be agreed upon between the parties thereto. It is agreed by the contractor that any such data or information, whether obtained by the contractor pursuant to the aforesaid agreement or from the Government, must be protected from unauthorized use by or unauthorized disclosure to any individual, corporation, or organization so long as it remains proprietary.

(c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information as required above. The contractor must obtain from each employee in connection with this contract a signed Non-Disclosure Agreement. This agreement must provide that the employee will not, during employment or anytime thereafter, disclose or use for current or future benefit of any party any of the data (to include any form of

Sensitive Unclassified Information (SUI) described in FAA Order 1600.75) or information not publically available received in connection with the work under the contract.

(d) The contractor agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third party data or software by the contractor, its employees, subcontractors, or agents.

(e) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that:

(1) The contractor considers this clause to be inappropriate and unnecessary in the case of a particular subcontract;

(2) The contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition and the reason why;

(3) Use of an alternate subcontract source would unreasonably detract from the quality of effort;

and

(4) The contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.

(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information described above obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company. The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed. The FAA reserves the right to audit the deletion. The FAA must provide notice of the audit 10 calendar days prior to the audit.

(g) These restrictions do not limit the contractor's (or subcontractor's) right to use and disclose any data and information obtained from another source without restriction.