SIR 693KA9-18-R-00001 AMENDMENT THREE.pdf

SOLICITATION, OFFER AND AWARD PAGE OF PAGES

1 56

1. CONTRACT NO. 2. SOLICITATION NUMBER

693KA9-18-R-00001

AMENDMENT #3

3. SOLICITATION TYPE

SEALED BID (IFB)

X NEGOTIATED BID (RFP)

4. DATE ISSUED 5. REQUISITION/PURCHASE NUMBER

6. ISSUED BY CODE AAQ420-AFN 7. ADDRESS OFFER TO (If other than Item 6)

AAQ-420 EXECUTIVE OFFICE BRANCH A

Orville Wright Bldg. (FOB10A), Room 406

FAA National Headquarters

800 Independence Ave., SW

Washington DC 20591

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

SOLICITATION

8. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the depository located in until 1400 ES local time 03/09/2018

(Hour) (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

Natalie L. Burgess

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

natalie.burgess@faa.gov

AREA CODE

NUMBER

267-4039

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 X I CONTRACT CLAUSES 21

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 31

X D PACKAGING AND MARKING 12 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 13 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS 32

X F DELIVERIES OR PERFORMANCE 14

X G CONTRACT ADMINISTRATION DATA 16 X L INSTR., CONDS., AND NOTICES TO OFFERORS 38

X H SPECIAL CONTRACT REQUIREMENTS 18 X M EVALUATION FACTORS FOR AWARD 48

OFFER (Must be fully completed by offeror)

NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period .

11. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above , to furnish any or all items upon which prices are offered at the price set opposite each item , delivered at the designated point(s), within the time specified in the schedule.

AWARD (To be completed by CONTRACT AUTHORITY)

18. ACCEPTED AS TO ITEMS NUMBERED 19. AMOUNT 20. ACCOUNTING AND APPROPRIATION

21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 22. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

23. ADMINISTERED BY (If other than Item 6)

CODE

24. PAYMENT WILL BE MADE BY CODE

25. NAME OF CONTRACTING OFFICER (Type or print)

Natalie L. Burgess

26. CONTRACT AUTHORITY

(Signature of Contracting Officer)

27. AWARD DATE

IMPORTANT - Award will be made on this Form, or by other authorized official written notice.

12. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

13. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

14A. NAME

AND

ADDRESS

OF

OFFEROR

CODE

FACILITY 15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

16. SIGNATURE 17. OFFER DATE

AREA CODE NUMBER EXT.

mailto:natalie.burgess@faa.gov

AMENDMENT #3 - 693KA9-18-R-00001 FAA HDQTRS

FITNESS & WELLNESS SVS

AMENDMENT # 3

FEDERAL AVIATION ADMINISTRATION HEADQUARTERS FITNESS AND

WELLNESS SERVICES

693KA9-18-R-00001

Paper Reduction Act number OMB No. 2120-0595

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES/PRICES

SECTION C - DESCRIPTION/SPECIFICATIONS

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION B - SUPPLIES OR SERVICES/PRICES

The contract is managed at the ceiling dollar level and as a result, the Government has the flexibility to adjust the level of effort between contract line items and between base and option periods as the need arises.

Base Period –April 23, 2018 through April 22, 2019

CLIN Labor Category Est. Annual Hours Fully Burdened

Hourly Rate Total Cost

0001 Fitness Coordinators 2964 per year $ $ 0002 Fitness Specialist(s) 1404 per year $ $ Total ODC (Not to Exceed) $3,050.00 Base Period Total Cost $

Option Period One – April 23, 2019 through April 22, 2020

Hourly Rate Total Cost

1001 Fitness Coordinators 2964 per year $ $ 1002 Fitness Specialist(s) 1404 per year $ $

Option Period One - Total Cost $

Option Period Two – April 23, 2020 through April 22, 2021

Hourly Rate Total Cost

2001 Fitness Coordinators 2964 per year $ $ 2002 Fitness Specialist(s) 1404 per year $ $

Option Period Two - Total Cost $

Option Period Three – April 23, 2021 through April 22, 2022

Hourly Rate Total Cost

3001 Fitness Coordinators 2964 per year $ $ 3002 Fitness Specialist(s) 1404 per year $ $

Option Period Three - Total Cost $

Option Period Four –April 23, 2022 through April 22, 2023

CLIN Labor Category Est. Annual

Hours Fully Burdened

Hourly Rate Total Cost

4001 Fitness Coordinators 2964 per year $ $ 4002 Fitness Specialist(s) 1404 per year $ $

Option Period Four - Total Cost $

Five Year Total Contract Value / for Base plus four Option Periods $

The Offeror must propose sufficient personnel, at a minimum one Fitness Coordinator or Fitness

Specialist, on-site during all hours of operation in the Fitness Facility.

The Offeror must propose more than one Fitness Coordinator and may propose more than one Fitness

Specialist as sufficiently required to perform the work under the contract Statement of Work (SOW) within the NTE labor hours stipulated in the contract. (see Section C.7). A staff member must be present at all business hours for the Fitness Center hours of operation and adequate staffing must be provided for oversight and any classes or personal training. The Government will not pay Overtime wages for this requirement.

The Offeror by signing the contract affirms in accordance with the Service Contract Act (SCA) hourly rates and benefits, the hourly wage paid to their employees meet or exceed those hourly wage minimums as dictated by the Department of Labor.

The government has determined the reasonable relationship for the labor categories under this contract are:

For the Fitness Coordinator: 12012 /Certified Occupational Therapist Assistant $27.96 and

For the Fitness Specialist: 12015 / Certified Physical Therapist Assistant $25.93.

A copy of the prevailing Department of Labor Wage Determination 2015-4281 is provided as an attachment for this SIR.

The remainder of this page has been intentionally left blank.

SECTION C - DESCRIPTION/SPECIFICATIONS

C. 1 BACKGROUND

The Federal Aviation Administration, in accordance with Public Law 89-554 (5 USC § 7901), has established a health and fitness training program to promote and maintain the physical and mental fitness of their employees. Providing physical fitness education and resources to all FAA employees is an important element of the program. The benefits from past FAA workplace fitness onsite surveys indicated that members have reported using fewer sick leave hours, greater efficiency on the job and improved morale and overall health. The FAA operates its Fitness Center through membership dues and federal funds from FAA lines of business and Staff Offices. The Fitness Center Board of

Directors reports directly to the FAA Administrator. The FAA is seeking a Contractor to provide fitness training services and manage the overall operations of the FAA Headquarters Fitness Center, located at Building 10B, 600 Independence Ave., South West, DC 20591.

C.2 SCOPE OF WORK

This statement of work covers services required, on a Labor Hour basis, to perform fitness facility operations. These services include:

Fitness screening procedures

Exercise classes (i.e. aerobic, yoga, kick-boxing, etc.)

Personal fitness instruction

Personal training services

Equipment maintenance and up-keep

Record keeping

Financial processing of dues and fees

Monthly reporting

Managing and tracking supply inventory.

C.3 FACILITY DESCRIPTION

The FAA Fitness Center is currently located at 600 Independence Ave, SW, Washington, D.C.

20591. The operating hours are Monday through Thursday from 5:30 a.m. to 7:30 p.m. and Friday from 5:30 a.m. to 7 p.m. the facility is closed on weekends, Federal holidays and any FAA

Headquarters building closures. The FAA Fitness Center reserves the right to change the Fitness

Center hours of operation.

Any changes to the hours of operation will be coordinated by the Contracting Officer’s

Representative (COR). The COR will advise and coordinate these changes with the Contractor.

The FAA Fitness Center currently has approximately 400 members, but total membership numbers are subject to change.

The FAA Fitness Center facility has a separate aerobics/multipurpose classroom space with wooden suspended exercise flooring, a designated location for weight lifting and cardio equipment, some mirrored walls, and men’s and women’s locker rooms. In addition, the facility contains an office for fitness center staff.

C.4 GENERAL REQUIREMENTS:

The Contractor must provide the services specified in this Statement of Work for the successful operation of the FAA’s Fitness Center. The Contractor must greet all clients and be courteous and helpful to all prospective and existing clients while observing all laws and regulations regarding the privacy of all individuals. The Contractor must coordinate all key personnel support for this contract with the FAA COR. Any changes to Contractor Key Personnel will be reviewed by the Fitness

Center Board and must be approved by the Contracting Officer Representative (COR) and the

Contracting Officer (CO). The COR will communicate and coordinate any directions with the Fitness

Center Board of Directors and CO, where appropriate, prior to giving direction to the Contractor.

The Contractor must be responsible for providing qualified personnel, as necessary for the safe and efficient discharge of its responsibilities under this contract. The Contractor must ensure the staff provides complete coverage during hours of operation as previously defined in this contract.

A staff member must be present at all business hours for the Fitness Center hours of operation and adequate staffing must be provided for oversight and any classes or personal training.

The Contractor must provide staff and services according to the criteria set forth in this contract, and all personnel including any replacement personnel must meet all contract requirements. The COR and

CO must approve staff that are assigned to this contract. Disciplinary actions, including removal of

Contractor employees, are the responsibility of the Contractor.

The Contractor must provide documentation to the COR of all contract personnel certifications/licenses to provide specialty classes to members and as required in this contract.

The Contractor must provide different classes at various times during the day. Adjustments to group exercise class schedules and types may be changed after concurrence with the Board of Directors and the COR. Authorization to make the changes must be provided by the COR. A minimum of ten

(10) instructor led classes must be offered weekly.

C.5 CONTRACTOR REQUIREMENTS

Specialist as sufficiently required to perform the work under the contract Statement of Work (SOW) within the NTE labor hours stipulated in the contract. (see Section C.7). The Government will not pay Overtime wages for this requirement.

The Offeror must provide on-site Fitness Coordinators and Specialist(s) to perform the following work:

1. Manage the day-to-day Fitness Center operations.

2. Respond to day-to-day issues of the FAA Fitness Center, to include facility maintenance;

keeping track of supply inventory, coordinating on equipment needs, equipment maintenance and upkeep, customer inquiries and member instruction on equipment use, class instruction, alert the COR when supplies are needed (ordering and payments of supplies are performed by the COR) and general administration.

3. Develop and recommend fitness and wellness programs for all requesting members.

4. Perform physical assessment ratings, develop exercises, and implement healthy fitness regimes to meet members’ needs.

5. Implement test modalities for basic assessments, administration of cardiovascular, strength, flexibility, body fat and weight measurement analysis.

6. Design a personalized exercise and cardiovascular, strength and flexibility routines, based on the results of members’ test evaluations, to be performed within heart rate ranges. A prescription will be designed for requesting members and appropriate demonstration provided to assure understanding.

7. Provide up to 2 hours of one-on-one personal training annually to each member that requests such training. The Contractor will utilize a signup sheet for the one-on-one training.

8. Provide wellness activities, which may include seminars, classes, motivation programs, and contests, or other activities as appropriate.

9. Conduct a minimum of ten (10) fitness classes weekly to meet the needs of a diverse population of members. Group exercise classes taught by a Fitness Coordinator or Fitness

Specialist can include but are not limited to aerobics, tae bo, step, circuit training, weight training, yoga, swiss ball, functional or performance training to tone body. The Contractor must cancel any class where there is less than 2 members participating. These cancelations must be noted in the monthly status report including the type of class, date and time.

10. A yoga instructor who has a minimum of 200 hours of yoga class teaching experience

(to be submitted in resume). The yoga instructor will be either a Fitness

Coordinator or Fitness Specialist and must meet the qualifications provided in the SIR SOW Sections C.5 item 10 and C.7. The instructor’s hours are included in the total hours for the fitness coordinator and fitness specialist as stated in

SIR Section C.7.

11. Classes that meet the demands and interests of the membership. The Contractor must report class sizes on a monthly basis. The Fitness Center Board of Directors will review and assess classes to determine replacement, additions or changes based on membership interest, content, times/days offered and participation. The COR in conjunction with the FAA Fitness

Center Board have the right to make changes to classes based on attendance and interest of members. The COR will coordinate any changes with the Contractor.

12. Membership orientation, assistance and instruction to all fitness center users in the proper use of equipment, information on standard operating procedures, safety issues, optional assessments and personalized program services.

In addition, the Contractor/Contractor personnel must perform the following administrative duties and services:

13. Provide membership orientation, process new members, and enter data into the membership databases.

14. Process and account for membership dues.

15. Preserve membership privacy, confidentiality, and secure records.

16. Maintain membership records, track weekly class participation and provide monthly status reports to the COR.

17. Provide monthly revenue and expense statements

18. Collect membership dues and locker rental fees.

19. Maintain current database of membership and locker rentals.

20. Retain a copy of members’ checks, and deposit fees into designated FAA Fitness Center

Account within one week of collection. The Contractor must collect funds, but funds must not to be spent by the Contractor.

21. Develop and administer a recruitment program for new memberships. This should include a discussion of programs and benefits of membership with members and potential members as well as the creation of marketing and promotional materials.

22. Provide ad hoc reports to the Fitness Center Board or COR as requested for the above information.

C.6 MAINTENANCE OF FAA FITNESS CENTER EQUIPMENT

A list of the current FAA Fitness Center furnished equipment (provided as an attachment) is included with this SIR as Attachment #4, Gym inventory list.

The government will furnish, at no cost to the Contractor, laptops, hardware and software required for this contract.

The Contractor is responsible for the daily cleanliness of equipment and gym space during the gym hours of operation. The Government’s GSA Contractor, provides daily janitorial services of the entire gym facility after the gym operating hours.

The Contractor must ensure Fitness Center Equipment is clean, including all cardiovascular and weight equipment upholstered surfaces. The Contractor must ensure all equipment is properly functioning, as it should for safe use. In the event of an equipment failure, the Contractor must identify the problem and notify the COR. If hardware is needed for repair, the Contractor must notify the COR. The COR will coordinate with the Board; and the Board will purchase the replacement parts or equipment. The Board will purchase the necessary parts or replacement equipment for the

Contractor to coordinate the repair. Replacement parts should not be invoiced or reported under the contract.

In the event of labor required for repairs: The Contractor must notify the COR and obtain approval from the COR for the labor costs associated with the repair. The Contractor is responsible for coordinating and obtaining qualified personnel to perform all repair work. The Contractor is responsible for paying Labor costs associated with these repairs. The Contractor must invoice pre-approved labor repair expenses under the contract Other Direct Costs, (ODC) Contract line item.

Allowable ODC expenses are repair expenses that have been coordinated and pre-approved by the

COR. Applicable ODC labor costs must be listed separately on the monthly status report and monthly invoices.

The Contractor must ensure all designated supplies are available as needed for facility operation

(see Section C). The Contractor must inform the COR, in writing (via email) with a copy to the designated Board member when supplies need to be ordered and the Board will purchase the supplies.

The FAA Fitness Center Board will supply the listed FAA Fitness Center supplies:

Cleaner for the shower stalls

Wet towelettes designed for safe equipment cleaning and sanitation

Lubricants for all machine parts

Anti-bacterial spray for cleaning

Administrative supplies (paper, pens, etc.)

All tools and parts for customary maintenance of fitness equipment in the FAA Fitness Center.

C.7 LABOR CATEGORIES AND QUALIFICATION FOR FITNESS CENTER

PERSONNEL

The Contractor must provide personnel in two labor categories for this contract:

Labor Categories Hours required per week (NTE)*

Fitness Coordinators 57 hours per week Fitness Specialist(s) 27 hours per week

*Represents the total combined Not to Exceed (NTE) hours of all labor category personnel under the contract.

Specialist as sufficiently required to perform the work under the contract Statement of Work (SOW) within the NTE labor hours stipulated in the contract. (See Section C.7). The Government will not pay

Overtime wages for this requirement.

Fitness Coordinator(s) –must possess and provide documentation for all the following position requirements:

Bachelor’s degree in Exercise Science and/or related field of study and certification in health and fitness from one or more of the following certifying bodies: The American College of

Sports Medicine, American Council on Exercise (ACE), National Strength and Conditioning

Association (NSCA), The Aerobics and Fitness Association of American (AFAA), National

Dance Exercise Instructors Training Association (NDEITA), National Academy of

Sports Medicine (NASM), American Aerobic Association International (AAAI).

At least five (5) years of demonstrated experience, to be listed in resume, in developing and implementing a health and fitness program directed toward cardiovascular, muscular and skeletal conditioning.

Demonstrated experience, to be listed in his/her resume, in teaching and leading the exercise classes that are designated under the contract (refer to SIR Section C.5).

Current certification in CPR/AED and basic first aid.

Demonstrated knowledge of computers, spreadsheets, databases, reporting functions in order to perform management functions.

Demonstrated ability to communicate orally and in writing.

Demonstrated ability to plan, organize, and coordinate a variety of fitness activities.

All of the above requirements must be performed without supervision.

Fitness Specialist(s) - must possess and provide documentation for all of the following position requirements:

Bachelor’s degree in Exercise Science and/or related field of study and certification in health and fitness from one or more of the following certifying bodies: The American College of Sports Medicine, American Council on Exercise (ACE), National Strength and Conditioning Association (NSCA), The

Aerobics and Fitness Association of American (AFAA), National Dance Exercise Instructors Training

Association (NDEITA), National Academy of Sports Medicine (NASM), American Aerobic

Association International (AAAI).

At least three to five (3-5) years of demonstrated experience, to be listed in resume, in developing and implementing a health and fitness program directed toward cardiovascular, muscular and skeletal conditioning.

Demonstrated experience, to be listed in his/her resume, in teaching and leading the exercise classes that are designated under the contract (refer to SIR Section C.5).

Current certification in CPR/AED and basic first aid.

Demonstrated knowledge of computers, spreadsheets, databases, reporting functions in order to perform management functions.

Demonstrated ability to communicate orally and in writing.

Demonstrated ability to plan, organize, and coordinate a variety of fitness activities.

All of the above requirements must be performed without supervision.

C.8 DELIVERABLES AND DOCUMENTATION

The Contractor must prepare and provide to the COR a monthly written status report documenting daily class counts and membership usage of the Fitness Center and expenses and repairs for the month. The status report must indicate any problem areas identified in the previous month. The report is due by the end of the first week of the following month.

The Contractor must meet with the COR quarterly within the first week of the quarter to discuss membership, new developments, and facility operations. The FAA will document minutes from this meeting and a copy provided to the Contractor and the Fitness Center Board of Directors.

The Contractor must maintain and update monthly a bulletin board in the FAA designated area. The bulletin board is a place to share information about the fitness center itself as well as provide helpful fitness information. The Contractor will use this space to create an attractive, colorful display that draws patrons to read the content. The content could include, but is not limited to class information, injury prevention information, exercise programs, success stories, nutrition information, or health risks.

The Contractor is responsible for providing qualified personnel, as necessary for the safe and efficient discharge of its responsibilities under this contract; as such, the Contractor must provide evidence of insurance under the applicable AMS clause: 3.4.1-12 INSURANCE (JUL 1996).

C.9 PERIOD OF PERFORMANCE

The potential Period of Performance for this requirement is one base year plus 4 one year options for a maximum of five years and is set forth below:

a) Base Period: Date of award through 12 Months thereafter

b) Option Year One: Upon exercise through 12 Months thereafter

c) Option Year Two: Upon exercise through 12 Months thereafter

d) Option Year Three: Upon exercise through 12 Months thereafter

e) Option Year Four Upon exercise through 12 Months thereafter

The total performance period of this requirement is not to exceed 5 years and six months, assuming all options are exercised.

The Contractor is not required to provide services on the following days (in addition to other federal recognized days as specified by the Office of Personnel Management):

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING

Preservation, packaging and packing for shipment or mailing of all deliverables hereunder must be in accordance with good commercial practices sufficient to assure arrival at the destination in a safe and undamaged condition at the most economical rate(s).

D.2 MARKING

Each package, report or other deliverable required within the Statement of Work to be delivered to the

COR must be accompanied by a letter with a copy, including enclosures to the Contracting Officer which:

a. Identifies the contract number under which the item is being delivered

b. Identifies the deliverable item number or “Report Requirement” which requires the delivered item(s); and

c. Indicates whether the Contractor considers the deliverable to be a partial or full satisfaction of the requirement.

D.3 TRANSMISSION OF DELIVERABLES

All deliverable items required by this contract must be submitted to the FAA Government Employee listed as the Contracting Officers Representative (COR), as noted in Section G, via electronic communications unless another acceptable delivery method is indicated in the contract.

SECTION E - INSPECTION AND ACCEPTANCE

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

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

(End of clause)

E.1 3.10.4-5 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (APRIL 1996)

E.2 INSPECTION AND ACCEPTANCE

The Contracting Officer (CO) or the Contracting Officer’s Representative (COR), are listed as the CO’s duly authorized representative, and are authorized to perform inspection on behalf of the Government for the purpose of acceptance of all services to be provided.

Inspection, review or the anticipation of acceptance and approval of a contract item in the course of its preparation must not be construed as assurance of acceptance of the finished product.

The inspection and acceptance terms of the individual items shall be as follows:

All Items - Inspection and acceptance shall take place upon review of the Invoice or as otherwise stated in the contract. The invoice review will consist of confirmation that the work conducted was in accordance with the specific contract terms and conditions.

http://conwrite.faa.gov/

SECTION F - DELIVERIES OR PERFORMANCE

provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: http://conwrite.faa.gov.

3.8.2-22 Substitution or Addition Of Personnel (October 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 [120] 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 [90] 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

3.10.1-9 Stop-Work Order (October 1996)

SECTION G - CONTRACT ADMINISTRATION DATA

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

G.1 CONTRACT ADMINISTRATION

The FAA Points of Contact for this Contract are as follows:

Contracting Officer:

Federal Aviation Administration

Attn: Natalie Burgess, AAQ-420

Phone: (202) 267-4039

Email: natalie.burgess@faa.gov

Contracting Officer’s Representative (COR):

Federal Aviation Administration

Attn: Cassandra Cutter

Phone: (202) 267-0102

Email: Cassandra.cutter@faa.gov

The COR is responsible for the technical administration of the contract and the technical liaison with the

Contractor. The COR is not authorized to change the scope of work or specifications in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms and conditions of the contract.

The COR is responsible for monitoring progress and overall technical management of the work hereunder and must be contacted regarding questions or problems of a technical nature. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer is effective or binding upon the Government, unless a contract modification or letter of direction is executed by the

Contracting Officer prior to completion of this contract.

On all matters that pertain to contract terms, the Contractor must contact the Contracting Officer. When in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract, the

Contractor will promptly notify the Contracting Officer. The Contractor under such request must take no action unless and until the Contracting Officer has issued a letter of direction or a contract modification.

(See also section G.2 below.)

G.2 3.10.1-22 CONTRACTING OFFICER’S REPRESENTATIVE (APRIL 2012)

The Contracting Officer may designate other Government personnel (known as the Contracting Officer's

Representative) to act as his or her authorized representative for contract administration functions which http://conwrite.faa.gov/ mailto:natalie.burgess@faa.gov mailto:Cassandra.cutter@faa.gov do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

The Contractor must immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

G.3 INTERPRETATION OR MODIFICATION

No verbal statement by any person, and no written statement by anyone other than the Contracting

Officer, or his/her authorized representative acting within the scope of his/her authority, must be interpreted as modifying or otherwise affecting the terms of this solicitation or any resulting contract. All requests for interpretation or modification must be made in writing to the Contracting Officer.

G.4 GENERAL AND ADMINISTRATIVE HANDLING RATE

Other Direct Costs (ODCs) in this solicitation are for labor hours only associated with repairs. Billing under ODCs should be noted separately in the monthly invoice. Any materials or equipment will be directly paid for by the FAA Fitness Center Board.

G.5 RELEASE OF GOVERNMENT OBLIGATION

The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract must execute and deliver, at the time as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:

a. Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement, by the Contractor.

b. Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the

Government is prepared to make final payment, whichever is earlier.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2013)

(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. Contractors may use the following means of electronic signature technology [DIGITAL

SIGNATURES].

(End of Clause)

3.8.2-17 KEY PERSONNEL AND FACILITIES (MAY 1997)

(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 shall notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and shall 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:

Fitness Coordinator(s)

Fitness Specialist(s)

3.13-15 CONFIDENTIALITY OF DATA AND INFORMATION (NOV 2016)

(a) In performance of this contract, the contractor and any of its subcontractors, may need access to and use various data and information in the possession of the Government. This data and information may have been obtained under conditions which restrict the Government's right to use and disclose this data and information or which may be adverse to the interests of the Government or other parties if it is disseminated or used in a capacity other than in performance of this contract. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the

Contracting Officer, unless it is already publically available; or (2) use for any purpose other than the performance of this contract any data or information which bears a restrictive marking or legend which the contractor has gained access to through the performance of this contract, or information that should be marked according to FAA Order 1600.75 "Protecting Sensitive Unclassified Information (SUI)". For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form.

(b) In the event the work required to be performed under this contract requires access to proprietary data and information of other companies, the contractor must obtain agreement from such other companies for such use unless such data are provided or made available to the contractor by the Government. Two copies of such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use and disclosure of the proprietary data and information as well as any other terms and conditions to be agreed upon between the parties thereto. It is agreed by the contractor that any such data or information, whether obtained by the contractor pursuant to the aforesaid agreement or from the Government, must be protected from unauthorized use by or unauthorized disclosure to any individual, corporation, or organization so long as it remains proprietary.

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

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

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

(e) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that: (1) the contractor considers this clause to be inappropriate and unnecessary in the case of a particular subcontract; (2) the contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition and the reason why; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.

(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information described above obtained from the

Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting

Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company. The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the

Contracting Officer (or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed. The FAA reserves the right to audit the deletion. The FAA must provide notice of the audit 10 calendar days prior to the audit.

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

SECTION I - CONTRACT CLAUSES

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

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)

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

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

3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (OCT 2015)

3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(APR 2011)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.4-27 LIMITATION OF PRICE AND CONTRACTOR OBLIGATIONS (APR 1996)

3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)

3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)

3.2.5-4 CONTINGENT FEES (OCTOBER 1996)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)

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

3.3.1-5 ALTERNATE II PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR

CONTRACTS (OCTOBER 1996)

3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (OCTOBER 2012)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD

MANAGEMENT (AUG 2012)

3.3.1-39 FUNDING - TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (JANUARY

2015)

3.4.1-12 INSURANCE (JUL 1996)

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

3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED, AND

SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS CONCERNS (MAR 2009)

3.6.1-12 NOTICE OF SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS SET-

ASIDE (OCT 2011)

3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (OCT 2016)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-9 EQUAL OPPORTUNITY (AUG 1998)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (JAN 2011)

3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

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

3.6.2-28 SERVICE CONTRACT ACT OF 1965, AS AMENDED (APRIL 2017)

3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (AUG 1998)

3.6.2-39 TRAFFICKING IN PERSONS (OCT 2015)

3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (JAN 2012)

3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)

3.6.3-21 EFFICIENCY IN WATER CONSUMING PRODUCTS AND SERVICES (OCT 2016)

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

3.6.3-25 AEROSOLS (OCT 2016)

3.6.3-26 FOAMS (OCT 2016)

3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JANUARY 2010)

3.7-1 PRIVACY ACT NOTIFICATION (NOV 2016)

3.7-2 PRIVACY ACT (NOV 2016)

3.8.2-11 CONTINUITY OF SERVICES (OCT 2008)

3.9.1-1 CONTRACT DISPUTES (OCT 2011)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-14 CHANGES - TIME AND MATERIALS OR LABOR HOURS (APRIL 1996)

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

3.10.2-3 SUBCONTRACTS (TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS)

(APRIL 1996)

3.10.6-3 ALTERNATE IV TERMINATION (COST-REIMBURSEMENT) (JANUARY 2015)

3.10.6-7 EXCUSABLE DELAYS (OCTOBER 1996)

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

3.13-11 PLAIN LANGUAGE (JUL 2006)

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

3.2.4-34 OPTION TO EXTEND SERVICES (OCTOBER 2014)

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

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

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

Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5_years and 6 months.

3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(a) Definitions. As used in this clause

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

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

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

"System for Award Management (SAM) Database" means the primary Government repository for

Contractor information required for the conduct of business with the Government.

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

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

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

(1) An offeror may obtain a DUNS number

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

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

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

(i) Company legal business.

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

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

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

(v) Company Telephone…