SIR_693KA9-22-R-00016_Section B thru M_FinalRev.pdf

SIR 693KA9-22-R-00016

Part I Section B Supplies or Services/Prices

See Attachment J-1 Part I Section B Supplies or Services/Prices in Part III Section J - List of Documents, Exhibits and Other Attachments

The remainder of this page has been intentionally left blank.

Part I Section C Description/Specifications

Scope of Work – See Attachment S-1 Statement of Objectives (SOO) in Part III Section J - List of Documents, Exhibits and Other Attachments

Part I Section D Packaging and Marking

D.1 PRESERVATION, PACKAGING AND PACKING

Unless otherwise specified herein, those items required to be delivered under this contract must be packaged for shipment in accordance with the most current commercial practices and in such a manner as to insure receipt at its’ destination is without damage to shipment.

D.2 MARKING

Shipping Labels – All equipment and associated materials must be preserved, packed, and marked in accordance with ASTM-D3951, Standard Practices for Commercial Packaging. All shipped packages must be marked on the outside with the address to which it is being shipped.

D.3 TRANSMISSION OF DELIVERABLES/ELECTRONIC DELIVERY

All deliverable items required by this contract must be shipped Free on Board (FOB) destination, within the consignee’s premises, with all mailing and transport expenses prepaid by the Contractor. Alternatively, electronic mail transmittal or posting to a FAA site specified by the COR is acceptable. However, the contractor must not send by unencrypted electronic mail any information that:

(a) is classified (at the “For Government Use Only” level or higher), or

(b) the COR or CO has informed the contractor is inappropriate for transmission by unencrypted email.

End Section D

Part I Section E Inspection and Acceptance

3.1-1 Clauses and Provisions Incorporated by Reference (July 2019)

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

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.10.4-1 Contractor Inspection Requirements (April 1996) 3.10.4-4 Inspection of Services - Both Fixed-Price & Cost Reimbursement (April 1996)

E.1 INSPECTION AND ACCEPTANCE

(a) The Contracting Officer (CO) or the Contracting Officer’s Technical Representative (COR), listed in Section G as the CO’s duly authorized representative, is authorized to perform inspection on behalf of the Government for the purpose of acceptance of all supplies/services to be provided.

(b) Inspection, review, or the anticipation of acceptance/approval of a contract item during its preparation must not be construed as assurance of acceptance of the finished product.

(c) The deliverables cited in Part I-Section C the Performance Work Statement and other attachments must be delivered to the COR on or before the due dates. In the case of written deliverables, the COR will have ten business days to inspect the work and either report deficiencies or accept the deliverable. The contractor must then have five business days to correct any identified deficiencies and redeliver to the FAA. For software deliverables, the practices outlined in the relevant procedural documentation will determine the inspection and acceptance timeframe.

End Section E

Part I Section F Deliveries or Performance

3.1-1 Clauses and Provisions Incorporated by Reference (Jul 2019)

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

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.10.1-9 Stop-Work Order (October 1996) 3.10.1-24 Notice Of Delay (March 2009) 3.11-34 F.O.B. Destination (April 1999)

F.1 PERIOD OF PERFORMANCE

(a) The period of performance for this contract will be twelve (12) months commencing from the date of contract award:

Base Period – TBD

(b) Option Periods. The Government has the option to extend the period of performance of the contract by six additional years beyond the base period, thereby further extending the period of performance in two-year increments for a total of seven (7) years. During the base period of this contract, the Government may exercise:

Option Period I – TBD Option Period II – TBD Option Period III – TBD

F.2 DELIVERY SCHEDULE

The contractor must deliver all items F.O.B. destination at the times specified in Part I-Section C the Performance Work Statement.

F.3 PLACE OF DELIVERY

The contractor must deliver all items F.O.B. destination to the place specified in Section Part I-Section C the Performance Work Statement.

End Section F

Part I Section G Contract Administration Data

3.1-1 Clauses and Provisions Incorporated by Reference (Jul 2019)

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

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.10.1-22 Contracting Officer’s Representative (April 2012)

G.1 FAA CONTACTS FOR POST-AWARD ADMINISTRATION

The Contractor must use one of the following FAA contacts, as applicable, as the focal point for all matters regarding this contract:

G.1.1 CONTRACTING OFFICER (CO)

Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 FOB10(A), 4TH Floor, Room 402 ATTN: Mr. Curtis Fields

TELEPHONE: (202)-267-9256)

E-MAIL: Curtis.Fields@faa.gov

G.1.2 CONTRACT SPECIALIST (CS)

Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 FOB10(A), 4TH Floor, Room 402 ATTN: Ms. Khoshboo Siddiqi E-MAIL: Khoshboo.F.Siddiqi@faa.gov

G.1.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 ATTN: Ms. Carrie N. Brown

TELEPHONE: (202-267-1187)

E-MAIL: Carrie.N.Brown@faa.gov

G.1.4 ALTERNATE CONTRACTING OFFICER’S REPRESENTATIVE (ACOR)

Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 ATTN: Ms. Sarah Smith

TELEPHONE: (816-329-2641)

E-MAIL: Sarah.smith@faa.gov

G.2 SUBMISSION OF INVOICES

All invoicing must be submitted in accordance with FAA AMS clause 3.3.1-40 Electronic Submission of Payment Requests as directed in Part II Section I Contract Clauses:

(a) The Federal Aviation Administration utilizes the Delphi eInvoicing web-portal for processing invoices.

Contractors submitting invoices are required to submit invoices via the Delphi eInvoicing web portal which is accessed and authenticated via www.login.gov

(b) The Contractor must submit invoices for the base period and subsequent option periods to receive payment. The Contractor is authorized to commence submission of invoices upon the award of the contract. There should be a lapse of no more than thirty (30) days between performance and submission of an invoice.

(c) Invoices for FFP CLINs must clearly present the following information:

• Contract, Contract Line-Item Number (CLIN),

• Description of service.

• Quantity of items billed (if applicable).

• Contractual firm-fixed-price.

• The following statement signed by an authorized company representative:

“This is to certify that the services set forth herein were performed during the period stated in support of the Contract Line-Item Number identified.”

“Signature of Contractor’s Authorized Representative” “Date of the invoice”

(d) Invoices for CPFF CLINs must clearly present the following information:

• Contract and Contract Line-Item Number (CLIN).

• Description of service.

• Straight time worked, labor classification, employee name, location of performance and associated direct labor rate.

• Straight time associated overhead rates.

• Premium time worked, job classifications, location of performance and associated direct labor rate.

• Premium time associated overhead rate.

• All other authorized indirect rates.

• Percentage of fixed fee invoiced.

• The following statement signed by an authorized company representative.

“This is to certify that the services set forth herein were performed during the period stated in support of the Contract Line-Item Number identified.”

“Signature of Contractor’s Authorized Representative” “Date of invoice”

This CLIN must be performed on a CPFF completion basis which provides for the payment of a negotiated fee that is fixed at the inception of the contract. The fee is a fixed dollar amount and does not vary with actual cost but may be adjusted as a result of changes in the scope of work to be performed under the contract. The Contractor must invoice the fee as a percentage of costs incurred, rather than a fixed dollar amount per invoice subject to the total fixed fee amount. The Contracting Officer will withhold no more that 15% or $100,000.00 of the total fixed fee, whichever is less, in reserve. The fixed fee held in reserve may be released for final payment once all deliverables have been received and accepted by the COR.

(e) Invoices for CR CLINs must clearly present the following information:

• Contract and Contract Line-Item Number (CLIN).

• Description of service.

• Itemized travel costs by trip

• Itemized other direct costs.

• The following statement signed by an authorized company representative.

“This is to certify that the services set forth herein were performed during the period stated in support of the Contract Line-Item Number identified.”

“Signature of Contractor’s Authorized Representative” “Date of invoice”

This CLIN will be reimbursed in accordance with Part I Section H, provision H.20-OTHER DIRECT COST (ODC)

FOR TRAVEL AND MATERIALS.

(f) The Contractor’s final invoice must be identified as such and must list all other invoices previously tendered under this contract.

G.3 CORRESPONDENCE PROCEDURES

To promote timely and effective contract administration, the Contractor must ensure that correspondence, excluding invoices and contract deliverables, submitted under this contract are addressed as follows:

(a) Technical correspondence of a routine nature must be addressed to the designated COR.

(b) Other correspondence, including technical correspondence where patent or technical data issues are involved, and correspondence which proposes or otherwise involves waivers, deviations, or modifications to the contract requirements, terms or conditions must be addressed to the Contracting Officer, with an information copy to the

COR.

End Section G

Part I Section H Special Contract Requirements

H.1 AMS CLAUSE 3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JULY 2020)

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

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

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

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

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

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

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

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section

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

(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:

Verifying old digital signatures and time stamps, generating, and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

(End of Clause)

H.2 AMS CLAUSE 3.8.2-17 KEY PERSONNEL AND FACILITIES (JULY 2019)

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

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

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

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

[List key personnel and/or facilities]

(End of clause)

H.3 AMS CLAUSE 3.13-15 CONFIDENTIALITY OF DATA AND INFORMATION (NOVEMBER

2016)

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

(End of clause)

H.4 INCORPORATION OF SECTION K BY REFERENCE

PART IV - SECTION K, REPRESENTATIONS AND CERTIFICATIONS OF OFFERORS, dated MM, DD, YEAR, (to be filled in by the Contracting Officer upon award) is hereby incorporated by reference into this contract.

H.5 TECHNICAL DIRECTION

The Contractor must ensure that performance of the work under this contract must be subject to the technical direction of the COR. The term “technical direction” is defined to include, without limitation, the following:

(a) Directions to the Contractor that shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details, or otherwise serve to accomplish the contractual Performance Work Statement,

(b) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work description; and,

(c) Review and, where required by the contract, approval of technical reports, drawings, specifications, productions, and technical information to be delivered by the Contractor to the Government under the contract.

H.6 DETERMINATION OF CHANGE

(a) If, in the opinion of the Contractor, any instruction or direction by the COR falls outside the categories defined in paragraph H.7, the Contractor must not proceed but must notify the CO in writing within five (5) business days after receipt of any such instruction or direction from the COR.

(b) Upon receipt of the notification from the Contractor, the CO will advise the Contractor as follows:

(1) Within thirty (30) calendar days after receipt of the Contractor’s letter and in writing, that the technical direction is within the scope of the contract effort and does not constitute a change to the contract; or

(2) Within thirty (30) calendar days after receipt of the Contractor’s letter and in writing, that the instruction or direction is not within the scope of work and that the Government will not modify the contract, in which case the Contractor is not to perform the work requested by the COR.

H.7 LIMITATIONS OF COR

Technical direction will be issued in writing by the COR and must be within the scope of PART I - SECTION C.

The COR does not have the authority to, and may not issue any technical direction which:

(a) Constitutes an assignment of additional work outside the Scope of Work.

(b) Constitutes a change.

(c) In any manner causes an increase or decrease in the total estimated contract price, or the time required for contract performance.

(d) Changes any of the expressed terms, conditions, or specifications of the contract; or

(e) Interferes with the Contractor’s right to perform the terms and conditions of the contract.

H.8 CONTRACTING OFFICER’S AUTHORITY

(a) The Contracting Officer has the responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United Sates in its contractual relationships. In this regard, the Contracting Officer is the only individual who has the authority to enter, administer, or terminate this contract.

(b) In addition, the Contracting Officer is the only individual authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, said authority remains solely with the Contracting Officer.

H.9 INTERPRETATION OR MODIFICATION

No oral statement of any person and no written statement by anyone other than the Contracting Officer or his/her designated, authorized representative, acting within the limits of the authority specified in such designation, shall modify, or otherwise affect any provision of this contract. All requests for interpretation shall be made in writing to the Contracting Officer.

H.10 MAINTENANCE OF RECORDS AND LITIGATION SUPPORT

(a) The Contractor must maintain all records, notes, memoranda, correspondence, and Government documents, upon which notes or annotations have been made. These records must be maintained for a minimum of two (2) years following contract closeout, or longer if required by the Contracting Officer and needed for the completion of any litigation or hearings. The records must be freely delivered to the FAA upon request.

(b) In addition, the Contractor must reasonably support the ’AA’s Program Team in third party litigation to the extent required in writing by the Contracting Officer. In the event any request for support to the FAA occurs during or after the period of performance of the contract, separate contractual arrangements will be made for costs incurred.

H.11 SUPPORT CONTRACTORS

(a) The FAA may contract with support Contractors for services to include contract administration, functioning as a Contracting Officer’s Administrative Representative (COAR), and assisting in technical reviews. Employees of these support Contractors may attend meetings between the Contractor and the FAA, observe and participate with Government personnel in functions and performance tests, and have access to the Contractor’s facilities as related to any effort under this contract; however, no support Contractor has the authority to issue direction to the Contractor or to change the contract.

(b) In the event that the FAA utilizes support Contractors in this capacity, the Contractor agrees to cooperate with the support Contractors by engaging in discussions with support Contractor personnel, and permitting support Contractor personnel access to information and data to the same degree such access is accorded Government personnel. The CO will provide a list of support Contractors upon request.

H.12 DEFINITION OF “DAYS”

All references in the Contract to “days” must be interpreted as “business” days unless specifically identified otherwise.

H.13 FEDERAL HOLIDAYS OBSERVED

Working hours scheduled must observe Federal Holidays as follows:

New Year’s Day Labor Day

Martin Luther King Day Columbus Day

President’s Day Veterans Day

Memorial Day Thanksgiving Day

Juneteenth Christmas Day

Independence Day (July 4th)

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.

H.14 DISSEMINATION OF CONTRACT INFORMATION

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

• Written information - 15 days.

• Oral information - 15 days

• Congressional information - 10 days

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

H.15 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 the CO may waive this provision to the extent that individual work orders may require Personal Services, provided that the required FAA approvals are obtained prior to the performance of the services. The Contractor is the legally responsible employer and must maintain that relationship during the time its employees are assigned to work on this contract. The Contractor is solely responsible for all employee hiring, firing, discipline, promotions, training, bonuses, pay, and benefits.

H.16 PERSONNEL REQUIREMENTS

The Contractor must provide a Program Manager to act as the administrative liaison with FAA’s Contract Officials.

The Contractor’s Program Manager must directly supervise all personnel, subcontractors, and suppliers under this Contract (including all technical, configuration management, quality assurance, contract administration and other functions). The Contractor represents and warrants that these people are available and that the named Contractor Program Manager and its personnel must perform the duties outlined in this SIR.

H.17 SUPERVISORY CONTROL

All employees are assigned to work on this contract work under the supervision and control of the Contractor’s Program Manager (PM), who shall take direction solely from the Contracting Officer or the Contracting Officer’s Representative.

H.18 CONTRACTOR CONDUCT

The Contractor must provide employees who conduct themselves in a responsible manner. Contractor employees must not disclose information obtained in the performance of contract duties to parties or individuals other than those Contractor and FAA personnel directly involved in the execution of the work described in this SIR unless authorized by the Contracting Officer.

H.19 APPROVAL AND REMOVAL OF PERSONNEL

The COR will review the qualifications of personnel proposed to perform work under the contract resulting from this SIR. The Contracting Officer may notify Contractor personnel of substandard job performance and/or personal behavior. The Contracting Officer will provide notice to the contractor when the Contracting Officer finds that any contractor employee is incompetent, careless, unsuitable, or otherwise objectionable, or whose conduct appears contrary to the public interest, or inconsistent with the best interest of national security. The contractor must take appropriate action, including the removal of such employees from working on this FAA contract, at their own expense. The contractor agrees to insert terms that conform substantially to the language of this clause in all subcontracts under this contract.

In the event of a personnel change during the contract period, the contractor must provide with the resume a letter containing a brief explanation of the personnel change. The FAA will review and provide the contractor with a concurrence letter based on the qualification provided. The contractor must allow a minimum of 10 business days for this response to the contractor’s submittals, except for the period immediately after contract award. Costs incurred in violation of this clause will be deemed as unallowable costs. Proposed personnel are required to self-certify the accuracy of their resume with their signature and date.

H.20 OTHER DIRECT COST (ODC) FOR TRAVEL AND MATERIALS

If travel is required, the contractor must get the prior approval of the contracting officer. All travel expenses will be addressed in accordance with AMS clause 3.3.2-2 Reimbursement of Travel and Subsistence (Apr 2010). Materials are defined as:

(1) Direct materials: Those materials that enter directly into the end-product or are consumed in connection with the furnishing of the end-product or service.

(2) Subcontracts: For supplies or incidental services for which there is not a labor category in the contract.

(3) Other direct costs: Includes incidental services for which there is not a labor category in the contract, travel, and computer usage charges; and

(4) Applicable indirect costs.

(a) Material costs are compensable only if the contract provides for such costs.

(b) When included as part of material costs, material handling costs (or fees) must include only costs excluded from the labor-hour rate. These costs may include all appropriate indirect costs allocated to direct materials in accordance with the contractor’s usual accounting procedures.

End of Section H

Part II Section I Contract Clauses

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

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

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.1.7-2 Organizational Conflicts of Interest (January 2023) 3.1.8-1 Cancellation, Rescission and Recovery of Funds for Illegal or Improper Activity (October 2014) 3.1.8-2 Price or Fee Adjustment for Illegal or Improper Activity (October 2019) 3.2.2.3-33 Order of Precedence (March 2009) 3.2.2.3-83 Prohibition Against Contracting with Inverted Domestic Corporations (October 2015) 3.2.2.7-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (April 2023) 3.2.2.7-8 Disclosure of Team Arrangements (April 2008) 3.2.5-1 Officials Not To Benefit (April 2021) 3.2.5-3 Gratuities or Gifts (October 2019) 3.2.5-4 Contingent Fees (October 1996) 3.2.5-5 Anti-Kickback Procedures (October 2019) 3.2.5-8 Whistleblower Protection for Contractor Employees (April 1996) 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 (July 2018) 3.3.1-39 Funding - Time-And-Materials and Labor-Hour Contracts (July 2018) 3.3.2-1 FAA Cost Principles (October 2019) 3.3.2-2 Reimbursement for Travel And Subsistence (April 2010) 3.5-13 Rights in Data - General (October 2014) 3.6.1-3 Utilization of Small, Small Disadvantaged, Women-Owned, Service-Disabled Veteran Owned, and Hub zone Small Business Concerns (January 2021) 3.6.2-2 Convict Labor (April 1996) 3.6.2-9 Equal Opportunity (July 2023) 3.6.2-12 Equal Opportunity for Veterans (April 2022) 3.6.2-35 Prevention of Sexual Harassment (July 2023) 3.6.2-39 Trafficking In Persons (July 2023) 3.6.3-23 Delivery of Electronic and Paper Documents (January 2020) 3.6.4-5 FAA Buy American Preference - Steel and Manufactured Goods (April 2022) 3.6.4-10 Restrictions on Certain Foreign Purchases (January 2010) 3.6.6-1 Drug Free Workplace (April 2023) 3.8.9-2 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment () 3.9.1-1 Contract Disputes (January 2020) 3.9.1-2 Protest After Award (August 1997) 3.10.1-1 Notice of Intent to Disallow Costs (April 1996) 3.10.1-7 Bankruptcy (April 1996) 3.10.1-12 Alternate I Changes - Fixed-Price (April 1996) 3.10.1-13 Alternate I Changes – Cost Reimbursement (April 1996) 3.10.1-14 Changes - Time and Materials or Labor Hours (April 2022) 3.10.1-25 Novation and Change-of-Name Agreements (October 2007) 3.10.1-26 Contractor Performance Assessment Reporting System (July 2023)

3.10.3-2 Government Property - Basic Clause (April 2022) 3.10.5-1 Product Improvement/ Technology Enhancement (April 1996) 3.10.6-1 Termination for Convenience of the Government (Fixed Price) (October 1996) 3.10.6-3 Termination (Cost-Reimbursement) (January 2020) 3.10.6-4 Default (Fixed-Price Supply and Service) (January 2020) 3.10.6-7 Excusable Delays (October 1996) 3.13-5 Seat Belt Use by Contractor Employees (October 2001) 3.13-13 Contractor Policy to Ban Text Messaging While Driving (January 2011) 3.14-2 Contractor Personnel Suitability Requirements (July 2023) 3.14-4 Access to FAA Facilities, Systems, Government Property, and Sensitive Unclassified Information (July 2023) 3.14-5 Sensitive Unclassified Information (SUI) (January 2022) 3.14-6 Privacy or Security Safeguards (November 2016)

AMS Clauses and Provisions Incorporated by Full Text

I.1 3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS (JANUARY 2019)

(a) The policy of the FAA is to avoid doing business with contractors, subcontractors, and consultants who have a conflict of interest or an appearance of a conflict of interest. The purpose of this policy is to maintain the highest level of integrity within its workforce and to ensure that the award of procurement contracts is based upon fairness and merit.

(b) The contractor must provide to the Contracting Officer the following information with its proposal and must provide an information update within 30 days of the award of a contract, any subcontract, or any consultant agreement, or within 30 days of the retention of a Subject Individual or former FAA employee subject to this clause:

(1) The names of all Subject Individuals who:

(i) participated in preparation of proposals for award; or

(ii) are planned to be used during performance; or

(iii) are used during performance; and

(2) The name of each individual, retained in any capacity by the contractor, who was employed by FAA during the five-year period immediately prior to the date of award; and

(3) The date on which the initial expression of interest in a future financial arrangement was discussed with the contractor by any former FAA employee whose name is required to be provided by the contractor pursuant to subparagraph (2); and

(4) The location where any Subject Individual or former FAA employee whose name is required to be provided by the contractor pursuant to subparagraphs (1) and (2), are expected to be assigned.

(c) “Subject Individual” means a current FAA employee’s father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, spouse of an in-law, or a member of his/her household.

(d) The contractor must incorporate this clause into all subcontracts or consultant agreements awarded under this contract and must further require that each such subcontractor or consultant incorporate this clause into all subcontracts or consultant agreements at any tier awarded under this contract unless the Contracting Officer determines otherwise.

(e) The information as it is submitted, must be certified as being true and correct. If there is no such information, the certification must so state.

(f) Remedies for nondisclosure: The following are possible remedies available to the FAA should a contractor misrepresent or refuse to disclose or misrepresent any information required by this clause:

(1) Termination of the contract.

(2) Exclusion from subsequent FAA contracts.

(3) Other remedial action as may be permitted or provided by law or regulation or policy or by the terms of the contract.

(g) Annual Certification. The contractor must provide annually, based on the anniversary date of contract award, the following certification in writing to the Contracting Officer:

ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS

The contractor represents and certifies that to the best of its knowledge and belief that during the prior 12-month period:

[ ] A former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement and complete disclosure has been made in accordance with subparagraph (b) of AMS Clause 3.1.7-6.

[ ] No former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement, and disclosure required by AMS Clause 3.1.7-6 is not applicable.

Authorized Representative Company Name Date

(h) 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.

(End of clause)

I.2 3.2.2.7-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APRIL 2011)

(a) The Government suspends or debars Contractors to protect the Government’s interests. Other than a subcontract for a commercial item (see Acquisition Management Policy Appendix C, Definitions), the Contractor must not enter into any subcontract, in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so.

(b) The Contractor must require each proposed first-tier subcontractor whose subcontract will exceed $30,000, other than a subcontractor providing a commercial item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(c) A corporate officer or a designee of the Contractor must notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercial item) that is debarred, suspended, or proposed for debarment (see T3.2.2.7.A.4). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor’s knowledge of the reasons for the subcontractor being on the List of Parties Excluded from Procurement Programs.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded From Procurement Programs.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government’s interests when dealing with such subcontractor in view of the specific basis for the party’s debarment, suspension, or proposed debarment.

(d) Unless this is a contract for the acquisition of commercial items, the Contractor must include the requirements of this clause, including this paragraph (d) (appropriately modified for the identification of the parties), in each subcontract that

(1) Exceeds $30,000 in value; and

(2) Is not a subcontract for commercial items.

(End of clause)

I.3 3.2.4-5 ALLOWABLE COST AND PAYMENT (OCTOBER 2019)

(a) Invoicing. The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with the Federal Aviation Administration’s (FAA) “Contract Cost Principles” in effect on the date of this contract and the terms of this contract (upon request, the Contracting Officer will provide a copy of the FAA Contract Cost Principles). The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract. Any payments for costs under this contract, particularly for costs of Indirect Rates under paragraph (d), must be subject to the provisions of the “Limitation of Costs” clause, or the “Limitation of Funds” clause, if applicable. The Contractor must be responsible to manage and control the allowable cost of performance of the contract, such that payments for any allowable costs, including Indirect Rates under paragraph (d), must not exceed the estimated cost set forth in the schedule, or the funded amount, less an allowance for fee, if the contract is incrementally funded.

(b) Reimbursing costs.

(1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (2) below, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only:

(i) Those costs the Contractor has incurred and recorded at the time of the request for reimbursement;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid for-

(A) Materials issued from the Contractor’s inventory and placed in the production process for use on the contract;

(B) Direct labor;

(C) Direct travel;

(D) Other direct in-house costs; and

(E) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under FAA contracts; and

(iii) The amount of payments that have been paid to the Contractor’s subcontractors under similar cost standards.

(2) Contractor contributions to any pension or other post-retirement benefit, profit-sharing or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes:

Provided, that the Contractor pays the contribution to the fund within 30 days after the close of the period covered.

Payments made 31 days or more after the close of a period must not be included until the Contractor actually makes the payment. Accrued costs for such contributions that are paid less often than quarterly must be excluded from indirect costs for payment purposes until the Contractor actually makes the payment.

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract must be obtained by applying indirect cost rates established in accordance with paragraph

(d) below.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor’s expense or at no cost to the Government will be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may be paid more often than every 2 weeks and may invoice and be paid for recorded costs for items or services purchased directly for the contract, even though the concern has not yet paid for those items or services.

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases must be established for the period covered by the indirect cost rate proposal.

(2) The Contractor must, within 180 days after the expiration of each of its fiscal years, or by a later date approved by the Contracting Officer, submit to the cognizant Contracting Officer and to the cognizant audit activity proposed certified final indirect cost rates for that period and supporting cost data specifying the contract and/or subcontract to which the rates apply. The proposed rates must be based on the Contractor’s actual cost experience for that period.

The appropriate Government representative and Contractor will establish the final indirect cost rates as promptly as practical after receipt of the Contractor’s proposal.

(i) An adequate indirect cost rate proposal must include the following data unless otherwise specified by the cognizant Contracting Officer:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Charts of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost elements.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contract information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect cost.

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract…