SIR- RFP.pdf

693KA9-19-R-00008

Contents

SECTION B: SUPPLIES/SERVICES & PRICE/COST

SECTION C: STATEMENT OF WORK

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 ATTACHMENTS

SECTION K: REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M: EVALUATION FACTORS FOR AWARD

SECTION B: SUPPLIES/SERVICES & PRICE/COST

The contract is for ISO 9001:2015 (or current version) professional technical services for recertification and surveillance audits of the AVS Quality Management System as described in the Statement of Work, Section C, and AVS Organizations, Attachment A. This contract is a

Firm-Fixed Price Contract, with all labor, travel and supplies included in each Contract Line

Item (CLIN).

Note that the offices listed in Attachment A are subject to change, as offices close and new offices open as AVS operations warrant. AVS has remotely sited employees who support the work of an office. These are not considered separate sites.

All products supplied by the contractor involving electronic and information technology, including audit reports, will be 508 compliant.

B.1 Base Year – Date of award through 12 months thereafter (Surveillance Audit

Services)

The initial, Base Period of Performance is from Date of award through 12 months thereafter.

The Base Year includes two Surveillance Audits. The price shall include all labor, travel and other costs and closure of all nonconformities, based on the AVS locations listed in Attachment

A to this screening information request (SIR.)

The following items relate to CLIN 0001:

The Contractor must conduct surveillance audit of the AVS Quality Management System (QMS) during the period of March 2019, which includes all Services and Offices listed in Attachment A under one certificate (price to include all travel expenses and closure of all nonconformities. The audit must be in accordance with the SIR Section C, Statement of Work, and the SIR Section H, Special Contract Requirements, to verify that AVS organizational elements continue to comply with the AVS Quality Management System and ISO 9001:2015 (or current version) requirements. The Contractor will also provide an updated Annex, based on input AVS supplies.

Exact dates and locations of audits will be determined by the contractor coordinating with AVS

QMS leadership prior to the CLIN surveillance audit cycle. The price shall include all labor, travel and other costs and closure of all nonconformities, based on the AVS locations listed in

Attachment A to this SIR.

The following items relate to CLIN 0002:

The Contractor must conduct surveillance audits in accordance with the SIR Section C, Statement of Work, and the SIR Section H, Special Contract Requirements, to verify that AVS organizational elements continue to comply with the AVS Quality Management System and ISO

9001:2015 (or current version) requirements. The Contractor will also provide an updated

Annex, based on input AVS supplies. Exact dates and locations of audits will be determined by the contractor coordinating with AVS QMS leadership prior to the CLIN surveillance audit cycle. The price shall include all labor, travel and other costs and closure of all nonconformities, based on the AVS locations listed in Attachment A to this SIR.

CLIN DESCRIPTION QTY UOM PRICE

0001 Conduct 1st Surveillance Audit. 1 Audit $

0002 Conduct 2nd Surveillance Audit. 1 Audit $

B.2 Option Year One-Upon exercise through twelve months thereafter (Surveillance

Audit Services)

The Contractor must conduct surveillance audits in accordance with the SIR Section C, Statement of Work, and the SIR Section H, Special Contract Requirements, approximately every six (6) months to verify that AVS organizational elements continue to comply with the AVS

Quality Management System and ISO 9001:2015 (or current version) requirements. The

Optional Year One Period of Performance will be for an approximate 1-year period, beginning upon exercise through twelve months thereafter, with surveillance audits approximately every six

(6) months from completion date of the 1st Surveillance Audit. Exact dates and locations of audits will be determined by the contractor coordinating with AVS QMS leadership prior to the

CLIN surveillance audit cycle. The price shall include all labor, travel and other costs and closure of all nonconformities, based on the AVS locations listed in Attachment A to this SIR.

1001 Conduct 3rd Surveillance Audit. 1 Audit $

1002 Conduct 4th Surveillance Audit. 1 Audit $

B.3 Option Year Two-Upon exercise through twelve months thereafter (Surveillance

Audit Services)

The following items pertain to CLIN 2001:

The Contractor must conduct surveillance audit in accordance with the SIR Section C, Statement of Work, and the SIR Section H, Special Contract Requirements, approximately every six (6) months to verify that AVS organizational elements continue to comply with the AVS Quality

Management System and ISO 9001:2015 (or current version) requirements. The Optional Year

Two Period of Performance will be for an approximate 1-year period, beginning upon exercise through twelve months thereafter, with surveillance audits approximately every six (6) months from completion date of the 1st Surveillance Audit. Exact dates and locations of audits will be determined by the contractor coordinating with AVS QMS leadership prior to the CLIN surveillance audit cycle.

The following items pertain to CLIN 2002:

* Conduct a Recertification Audit of the AVS QMS which includes all Services and

Offices listed in Attachment A under one certificate; (price to include all travel expenses and closure of all nonconformities).

* See Attachment A for information relevant to the AVS organization.

* Provide recertification audit report and ISO 9001:2015 (or current version) Certificate for the AVS QMS.

* Provide a Certificate of Conformance and Annex. The Annex includes all functions and locations covered by the certification, based on input AVS supplies.

* Provide camera-ready artwork of Contractor’s accreditation quality seals.

The price shall include all labor, travel and other costs and closure of all nonconformities, based on the AVS locations listed in Attachment A to this SIR.

2001 Conduct 5th Surveillance audit. 1 Audit $

2002 AVS QMS Recertification Audit. 1 Audit $

B.4 Delivery Schedule

The contractor must deliver the following items in the course of performing this work:

CLIN 0001:

Surveillance Audit Report

Frequency: One-time audit within 5 working days following completion of the audit.

Distribution: 1 Copy electronic copy to AVS QMS Management

Representative (508 compliant)

1 copy electronic format via e-mail to COR

AVS Certificate of Conformance and Annex

2requency: One-time delivery by April, 2019.

Distribution: 1 Certificate of Conformance submitted via e-mail to AVS QMS

Management Representative and COR for AVS QMS Web Site

Camera-ready artwork

Frequency: Submit directory one time to within 45 days of certificate award

Distribution: 1 Copy to COR of the contractor’s quality mark and those of the contractor’s accreditations for use on AVS publications and stationery.

Contractor’s published registration directory

Frequency: One time within 60 days of certificate award

Distribution: 1 Copy electronic format (PDF, etc.) or open access to web directory.

CLIN 0002 through 2002:

Surveillance Audit Report

Frequency: within 5 working days following completion of each scheduled audit.

Distribution: 1 copy electronic format via e-mail to AVS QMS Management

Representative and COR

Revised AVS Registration and Certificate of Compliance Annex

Frequency: when required due to organizational changes; within 5 working days following

Completion of each scheduled audit.

Distribution: 1 copy electronic format via e-email to AVS QMS Management

Representative and COR

SECTION C: STATEMENT OF WORK

ISO 9001:2015 (or current version) Surveillance and Recertification Audits of the Aviation

Safety (AVS) Quality Management System (QMS)

C.1. Background Information

The Aviation Safety Line of Business is responsible for implementing policy and monitoring compliance of a body of standards, Title 14, Aeronautics and Space, of the Code of Federal

Regulations (CFR), which apply to airmen; aircraft manufacturers, repair/maintenance facilities, air schools; air operators, air agencies; and those individuals and organizations that have designated authority to act in AVS’ behalf. AVS employs a diverse workforce of over 7000 employees worldwide. The workforce is composed of engineers, scientists, physicians, lawyers, analysts, aviation safety inspectors, FAA must meet the International Organization for Standardization has defined the ISO

9001:2015 (or current version) Quality Systems Standard as internationally recognized requirements that are designed to provide methods for organizations to demonstrate quality services to customers. Aerospace and transportation industry changes necessitate that the Federal

Aviation Administration’s Office of Aviation Safety (AVS) develop and establish a Quality

Management System (QMS) that will enable the total organization to continually manage change that effectively improves safety management and oversight of the United States (U.S.) aviation system. It is incumbent upon AVS and its component organizations to effectively respond to industry trends and effectively lead change within the AVS workforce to implement system safety thereby meeting all stakeholder’s needs and expectations. An effective, progressive step in this “journey to excellence” goal is for AVS to complete the ISO 9001:2015 (or current version)

Recertification Audit.

C.2. Purpose

Procure services of audit by external third party auditors of the AVS Quality Management

System (QMS) for conformance to the ISO 9001:2015 (or current version) quality standard to achieve ISO 9001:2015 (or current version) recertification.

C.3. Scope of Work

C.3.1 Applicable Documents

Contractor must use the latest version of standards referenced in this SIR for the purposes of this solicitation. The following documents form a part of this specification to the extent specified herein:

- ISO 9001:2015 (or current version) Quality Management Systems – Fundamentals and Vocabulary

- ISO 9001:2015 (or current version) Quality Management Systems – Requirements

C.3.2 Recertification Audit

The Contractor must perform the following for the recertification audit:

- Provide a detailed audit schedule for the organizations in Attachment A to this SIR

(i.e., dates, events, times, locations, team members) no later than forty-five (45) business days prior to the recertification audit. Note: The AVS QMS ISO 9001:2015

(or current version) Certificate expires September 2021, so audit activities must be scheduled to prevent a lapse in certification.

- Provide a Lead Auditor who shall hold an opening meeting to initiate the recertification audit event with the AVS QMS Management Representative and site management to outline the audit objectives.

- Provide a Lead Auditor who shall debrief site management of the organization audited at the end of each audit day, unless otherwise agreed to in writing.

- Review site AVS QMS documents (this may be done off site) and provide a detailed written report including nonconformities in the course of the audit.

- Shall perform a recertification audit for conformance to ISO 9001:2015 (or current version).

- Provide a Lead Auditor who shall conduct a closing meeting for the AVS

Management Team and/or site office/service management that are the subject of audit on a daily basis and conclusion of the audit event. This meeting shall summarize results and identify any issues.

- Provide a Lead Auditor who shall deliver a registration audit report to the AVS QMS

Management Representative which details the results of the audit, itemizes nonconformance, requests corrective actions and sets a time limit for the corrective action responses. The audit report will be delivered within 5 days of completing the recertification audit.

- The recertification audit must be completed within a two-week timespan.

- Review and approve corrective action plans for identified nonconformance’s in accordance with the contractor’s requirements.

C.3.3 Other Miscellaneous Requirements

- Contractor must provide its own equipment to perform these audits.

- The contractor must not work during Federal Holidays.

- The contractor must comply with existing and evolving FAA, AVS, and

Office/Service/Staff guidance, policies and procedures as they may apply to the conduct of the audit.

- All documents, including records, schedules, charts, drafts, diagrams, etc., developed by the contractor during this project in performance of the contract will become the property of the FAA/AVS with the exception of documents needed for submittal to the

ISO registering body. Such documentation and records shall be released to the FAA at the end of the contract performance period or upon the request of the COR.

C.3.4 Location of Work Performance

The services specified in this contract are mission specific and time sensitive. The performance of this contract is expected to involve travel to the locations listed in Attachment A. When the contractor’s audit plan includes FAA locations outside the 50 United States, seventy-five (75) days advance notice is required to allow time for Federal Personnel foreign travel planning.

Foreign country business Visas may be required for travel.

Execution of the specific CLIN tasks must be coordinated with the Contracting Officer’s

Representative (COR).

C.4. ISO 9001:2015 (or current version) Registration

The contractor will make a determination in accordance with its registrar credentials. A successful determination of full compliance shall result in recertification and registration of the

AVS Quality System. The registration shall include:

- Presentations of camera ready artwork of the Contractor’s quality mark and those of the Contractor’s accreditations for use on AVS publications and stationery.

- Contractor’s published directory of companies that have achieved registration to ISO

9001:2015 (or current version) shall include reference to the AVS achievement.

The registration shall be valid for a period of three (3) years from the date of issuance and may be withdrawn subject only to the following conditions:

- AVS request for withdrawal, or

- Contractor Lead Auditor’s determination that the certificate be withdrawn based upon the registrar’s procedures.

C.5 Surveillance Audits

The Contractor must conduct surveillance audits no less than approximately every six months to verify that AVS and its service/office organizations continue to comply with the AVS Quality

Management System and ISO 9001:2015 (or current version). Surveillance Audits must be completed in a one-week timespan. A Surveillance Audit Report shall be delivered by the contractor for each such audit which details the results of the audit, itemizes nonconformities, and sets a time limit for AVS organization to implement corrective action responses. The audit report shall meet ISO 9001:2015 (or current version) requirements as well as the delivery schedule noted in Section F.2 of this document. The Contractor shall specify an adequate range of time for AVS to respond to any deficiency. The Contractor shall have a multi-layered appeals system through which the AVS may appeal any ruling, determination or action of the Contractor relating to the auditing and registration processes.

C.6 Labor Category Descriptions

LEAD AUDITOR - is a key person(s) and must have led the registration or recertification audit of at least five (5) large organizations with at least one (1) being a federal government or a state government department or agency with geographically distributed multi-site organizations and one (1) being an aviation related organization for compliance with ISO 9001:2015 (or current version) or AS9100 (current version). Familiarity with the Federal Aviation Administration is highly desirable. The lead auditor must be certified as a lead auditor by a national or international auditor certification body and have at least 10 years of experience in auditing QMS.

The lead auditor must possess a Bachelor’s Degree (Arts or Science) from an accredited college or university; an advanced degree is highly desirable. Lead auditors cannot conduct more than two consecutive audits as a lead auditor nor more than three audits in any certification cycle as a lead auditor.

Lead Auditor(s)

Minimum/General Experience: Ten years of experience in auditing QMS. Must have lead the audit of at least (5) large organizations with at least (1) being a Federal Government facility or a

State Government facility and (1) being an aviation related organization for compliance with ISO

9001:2015 (or current version) as described in the SOW. Aviation related organizations are defined as those that are regulated by Title 14 of the Code of Federal Regulations.

Functional Description: Key person(s) leads the audits. Responsible for holding meetings with

AVS QMS Management Representative and site management to outline the audit expectations.

Conduct closing meeting for the AVS Management Team. Deliver a registration report to the

AQS QMS Management Representative

Minimum Education: BA/BS; (Advanced degree is highly desirable).

SUPPORT AUDITOR - are individual(s) who are employed on the audit teams to support the lead auditor and they must have participated in at least 10 registration or recertification audits.

The (support) auditor must be certified as an auditor by a national or international auditor certification body and have at least 8 years’ experience in auditing QMS or 5 years auditing

AS9100. The auditor must possess a Bachelor’s Degree from an accredited college or university.

Support Auditor(s)

Minimum/General Experience: Eight years of experience in auditing QMS. Must have participated in at least 10 registration audits. Certified by a national auditor certification body.

Functional Description: Review AVS QMS documents. Perform a recertification audit for conformance to ISO 9001:2015 (or current version). Follow up for closure of nonconformance.

Minimum Education: Bachelor’s Degree from an accredited college or university

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SECTION D: PACKAGING AND MARKING

D.1 Packing and Packaging

All deliverables under this contract shall be preserved and packaged in accordance with the most economical and best commercial practices to assure delivery at the destination and to prevent deterioration and damage due to shipping, handling and storage hazards.

D.2 Marking of Deliverables

In addition to information provided with shipping instructions, all deliverables shall be marked on the outside of the packaging with the following:

a. FAA contract number;

b. Contractor's name and address;

c. List of contents; and

d. Task order number.

D.3 Marking of Reports

The Contractor must mark all reports as follows:

a. Contract Line Item Number (CLIN)

b. Report Title

c. Contract number

d. Date(s) of Audit

e. Distribution

SECTION E: INSPECTION AND ACCEPTANCE

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SECTION F: DELIVERIES OR PERFORMANCE

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SECTION G: CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION (FAA)

a. Contracting Officer (CO):

FEDERAL AVIATION ADMINISTRATION

Attn: Lakeisha Wiley-Bess, AAQ-420

800 Independence Avenue, S.W., Room 402

Washington, DC 20591

Phone: (202) 267-7694

Email: lakeisha.wiley-bess@faa.gov

b. Senior Contract Specialist (CS):

Attn: Lynn Sims, AAQ-420

800 Independence Avenue, S.W., Room 402

Washington, DC 20591

Phone: (202) 267-4691

Email: lynn.sims@faa.gov

c. Contracting Officer’s Representative (COR):

TBD

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 CO be effective or binding upon the Government, unless a contract modification or letter of direction is executed by the CO prior to completion of the Contract.

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

Contract, the Contractor will promptly notify the CO. The Contractor under such request must take no action unless and until the CO 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) mailto:lakeisha.wiley-bess@faa.gov mailto:lynn.sims@faa.gov

(a) 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 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.

(b) 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.

(End of clause)

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 PROCEDURES FOR SUBMISSION OF INVOICES

The Contractor must submit one (1) electronic copy of its monthly invoice to:

FAA Accounts Payable Branch

Concurrent with submission to the FAA Accounts Payable Branch, the Contractor must submit one (1) copy of the invoice to the Contracting Officer’s Representative (COR) and the

Contracting Officer (CO) for review:

Attn: COR

Email: TBD

Phone:

Attn: Lynn Sims AAQ-420

Email: lynn.sims@faa.gov

Phone: (202) 267-7694 mailto:@faa.gov

Each invoice must reference the contract number, the period of performance, the services delivered, and, if applicable, cost for labor and Other Direct Costs (ODC), including travel.

G.5 FEDERAL HOLIDAYS OBSERVED

Working hours scheduled must observe Federal Holidays as follows:

New Year’s Day Labor Day

Martin Luther King’s Day Columbus Day

Washington’s Birthday Veterans Day

Memorial Day Thanksgiving Day

Independence Day (July 4th) Christmas Day

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

Friday is generally observed as a holiday. Inauguration Day is also observed by the Federal

Government and should be accounted for when applicable.

G.6 CORRESPONDENCE PROCEDURES

To promote timely and effective contract administration, correspondence submitted under the

Contract must be subject to the following procedures (except for invoices and deliverable items):

a. All correspondence relative to the Contract must be addressed to the Contracting Officer, AAQ-420. Correspondence of a technical nature must include an information copy addressed to the Contracting Officer’s Representative (COR).

G.7 BILLING INSTRUCTIONS

(a) Invoices shall be submitted monthly in accordance with Attachment J002, Invoice

Preparation Instructions, and the AMS 3.2.4-5, Allowable Cost and Payments. Payment is subject to review, approval and certification by the CO and COR. In the event of questioned costs, the CO may withhold any or all invoice amounts until the Contractor provides all required data to the satisfaction of the CO. The payment will be made pursuant to FAA AMS 3.3.1-34

Payment by Electronic Funds Transfer/Central Contractor Registration.

(b) Compliance with these instructions will reduce correspondence and other causes for delay to a minimum, and will thus promote prompt payments to the Contractor. Invoices shall be submitted no more frequently than once per month unless prior written consent is obtained from the CO and supporting cost documentation is as described in this section.

(c) Invoices shall be submitted in soft copy as established below:

Accounts Payable Email copy to:

(9-AMC-AMZ-FAA-

APInvoices@faa.gov

Monthly mailto:9-AMC-AMZ-FAA-APInvoices@faa.gov mailto:9-AMC-AMZ-FAA-APInvoices@faa.gov

Contracting Officer and

COR

Email copy. Concurrently with submittal to Accounts

Payable, submit one signed copy in PDF format.

(d) Upon completion, termination, or expiration of the contract, the Contractor shall submit a final voucher clearly marked “FINAL”. The final voucher must contain an itemized accounting of total contract costs that includes:

Certification that all contractual requirements have been satisfied; and

Certification that all previous Contractor vouchers have been paid.

(e) Final annual indirect (burden) cost rates will be adjusted in accordance with AMS clause

3.2.4-5, Allowable Cost and Payment.

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SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 3.1.9-1 Electronic Commerce and Signature (July 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 electronic signature.

(End of Clause)

H.2 3.13-15 Confidentiality of Data and Information (October 2011)

(a) The contractor and any of its subcontractors, in performance of this contract, may need 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 its right to use and disclose 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 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 the Government has made data and information available to the public; and (2) use for any purpose other than the performance of this contract any data which bears a restrictive marking or legend. 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. Data processed in such a way that it can increase the knowledge of the person who receives it. Information is the output, or finished goods, of information systems.

(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 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 aforesaid agreement or from the Government, must be protected from unauthorized use or 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, to the end that they will be disciplined if the necessity to refrain from divulging either the proprietary data of other companies or data that are 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 anytime 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.

(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 the application of the prohibition of 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; (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 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.

(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.

H.3 NON-PERSONAL SERVICES

The Contractor agrees that this is a non-personal service contract. For the purposes of the contract the Contractor is not, nor shall it hold itself out to be, an agent or partner of, or joint venture with, the Government; and that the Contractor shall neither supervise, nor accept supervision from, Government employees.

No personal services shall be performed under this Contract. No contractor employee will be directly supervised by the Government. All individual contractor assignments and daily work direction shall 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 shall promptly notify the Contracting Officer of this communication or action.

The contractor shall not perform any inherently governmental functions under this contract. No contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications (including meetings participation) with third parties in connection with this contract, contractor employees shall identify themselves as contractor 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 shall state that they have no authority to in anyway change the contract.

Pursuant to AMS 3.8., the CO may waive this provision to the extent that individual work orders may require Personal Services; provide that the required FAA approvals are obtained prior to the performance of the services.

SECTION I: CONTRACT CLAUSES

I.1 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.

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)

3.3.1-1 PAYMENTS (JULY 2018)

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)

3.4.1-12 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)

http://conwrite.faa.gov/

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)

3.10.1-12 CHANGES – FIXED PRICE (APRIL 1996)

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

3.10.4-4 INSPECTION OF SERVICES – BOTH FIXED PRICE & COST REIMBURSEMENT

(April 1996)

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

(OCTOBER 1996)

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

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

I.2 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.

I.3 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 one (1) day; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least ten (10) 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.

I.4 3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(a) Definitions. As used in this clause

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

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

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

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

Government.

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

(2) The offeror shall enter, in Representations, Certifications and Other Statements of Offerors

Section of the solicitation, the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting

Officer to verify that the offeror is registered in the SAM database.

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

(1) An offeror may obtain a DUNS number

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

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

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

(i) Company legal business.

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

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

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

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

(f) The Contractor is responsible for the accuracy and completeness of the data within the

SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the

Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the

Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.

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

http://fedgov.dnb.com/webform%3B http://www.vip.vetbiz.gov/

(A) change the name in the SAM database;

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

and

(C) agree in writing to the timeline and procedures specified by the responsible Contracting

Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.

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

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

Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the

EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.

I.5 3.6.2-14 EMPLOYMENT REPORTS ON VETERANS (JAN 2011)

(a) Unless the contractor is a State or local government agency, the contractor must report at least annually, as required by the Secretary of Labor, on:

(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans,

(2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans; and

(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.

(b) The above items must be reported by completing the form titled 'Federal

Contractor Veterans' Employment Report VETS-100A.'

(c) Reports shall be submitted no later than September 30 of each year.

http://www.sam.gov/

(d) The employment activity report required by paragraph (a)(2) of this clause must reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date: (1) As of the end of any pay period during the period January through

March 1st of the year the report is due, or (2) as of December 31, if the contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).

(e) The count of veterans reported according to paragraph (a) of this clause must be based on data known to the contractor when completing the VETS-100A. The Contractor's knowledge of veteran’s status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve the employer of liability for a determination under 38 U.S.C. 4212.

(f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.

I.6 3.14-2 CONTRACTOR PERSONNEL SUITABILITY REQUIREMENTS

(OCTOBER 2017)

1. No contractor employee, subcontractor, or consultant will be allowed unescorted access to any FAA facility;

access to FAA sensitive information; or access to FAA systems or resources unless they have been authorized by the FAA Servicing Security Element (SSE).

2. Consistent with FAA Order 1600.72, the FAA Servicing Security Element (SSE) must approve designated risk levels for the positions under the contract, to be determined by the

FAA Operating Office (the organization with the requirement) in coordination with the COR, using the OPM Position Designation Automated Tool (PD Tool).

3. For all contractor employees, subcontractors, or consultants requiring access to FAA facilities, sensitive information, systems, or resources, the contractor must submit to their

SSE a point of contact (POC) who will be responsible for entering all contractor applicant data into the Vendor Applicant Process (VAP) system (vap.faa.gov).

4. If an applicant has had a previous US Government conducted background investigation, which meets the investigative requirements for the position and meets established reciprocity guidelines, it will be accepted by the FAA. The FAA reserves the right to conduct further investigations, including requesting additional information from the applicant, if necessary.

5. If no previous investigation exists, or if the previous investigation does not meet investigative requirements for the position, the SSE will:

a. Send the applicant an e-mail (this step may be delegated to VAP POC) stating that the applicant must complete a form through the electronic Questionnaires for Investigations

Processing (eQIP) system;

b. Instruct the applicant how to enter and complete the eQIP form;

c. Provide where to send/fax applicable forms; and

d. Provide instructions regarding fingerprinting.

The applicant must complete the eQIP form and submit other required material within 15-calendar days of receiving the e-mail from the SSE. For items to be submitted outside eQIP, the contractor must submit the required information, referencing the contract number, to their

SSE identified below:

For Headquarters Contracts:

Manager, Personnel Security Suitability Branch, AXP-320Contractor Operations

Branch, AIN-420 800 Independence Avenue, S.W., Room 315

Washington, D.C. 20591

Regional and Center

Contracts: none

6. No contract employee, subcontractor, or consultant will work…