6973GH-20-Q-00112_FINAL.pdf

Section -- - Terms and Conditions Terms and Conditions List

(a) By submission of this offer, the offeror attests that all representations and certifications as reflected in the System for Award Management (SAM) are current and accurate as of the date the offer is submitted. The offeror shall provide immediate written notice to the Contracting Officer if at any time prior to award the offeror learns that any certification or representation in SAM was erroneous when this offer was submitted or has become erroneous by reason of changed circumstances.

(b) Clause List

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)

(c) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(d) Inspection and Acceptance. The Contractor must only tender for acceptance those supplies or services that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair, replacement or re-performance will not correct the defects or is not possible to correct the defects in a time period deemed reasonable by the Government, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights:

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

3.1.7-2 3.1.9-1 3.2.2.3-82 3.2.2.7-6

3.2.5-1 3.2.5-3 3.2.5-4 3.2.5-5 3.2.5-8 3.3.1-1 3.3.1-15 3.3.1-17 3.3.1-33 3.3.1-34 3.6.1-7 3.6.2-8 3.6.2-9 3.6.2-13 3.6.2-38 3.6.2-39 3.6.2-44 3.6.3-16 3.6.3-23 3.6.4-5 3.6.4-10 3.6.4-19 3.9.1-1 3.9.1-2 3.9.1-3 3.10.1-7 3.10.1-25

3.13-4

3.13-5 3.13-13

Organizational Conflicts of Interest (July 2018) Electronic Commerce and Signature (July 2018) Prohibition on Conducting Restricted Business Operations in Sudan – Certification (July 2012) Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (April 2011) Officials Not to Benefit (April 1996) Gratuities or Gifts (January 1999) Contingent Fees (October 1996) Anti-Kickback Procedures (October 2010) Whistleblower Protection for Contractor Employees (April 1996) Payments (July 2018) Assignment of Claims (July 2018) Prompt Payment (July 2018) System for Award Management (July 2018) Payment by Electronic Funds Transfer/System for Award Management (July 2018) Limitations on Subcontracting (July 2019) Affirmative Action Compliance (April 1996) Equal Opportunity (October 2018) Affirmative Action for Workers With Disabilities (October 2018) Certification of Knowledge Regarding Child Labor End Products (July 2007) Trafficking in Persons (April 2019) Notification of Employee Rights Under the National Labor Relations Act (January 2019) Drug Free Workplace (March 2009) Delivery of Electronic and Paper Documents (October 2016) Buy American Act – Steel and Manufactured Products (July 2010) Restrictions on Certain Foreign Purchases (January 2010) Prohibition on Engaging in Sanctioned Activities Relating to Iran – Certification (April 2013) Contract Disputes (October 2011) Protest After Award (August 1997) Protest (October 2011) Bankruptcy (April 1996) Novation and Change-of-Name Agreements (October 2007) Contractor Identification Number-Data Universal Numbering (DUNS) Number (August 2012) Seat Belt Use by Contractor Employees (October 2001) Contractor Policy to Ban Text Messaging While Driving (January 2011)

The Contractor shall comply with the following additional AMS clauses, incorporated by reference, unless the circumstances do not apply:

3.1.7-6

3.2.5-7

Disclosure of Certain Employee Relationships (January 2019)

Disclosure Regarding Payments to Influence Certain Federal Transactions (October 2017)

3.3.1-24

3.3.2-1

3.6.2-2

3.6.2-3

3.6.2-4

3.6.2-5

3.6.2-12

3.6.2-14

3.6.2-28

3.6.2-31

3.6.3-14

3.6.4-2

3.10.4-16

Fast Payment Procedures (July 2018)

FAA Cost Principles (January 2016)

Convict Labor (April 1996)

Walsh-Healey Public Contracts Act Representation (October 2010)

Walsh-Healey Public Contracts Act (October 2018)

Certification of Nonsegregated Facilities (March 2009)

Equal Opportunity for Veterans (October 2018)

Employment Reports on Veterans (October 2018)

Service Contract Act of 1965, as Amended (January 2019)

Fair Labor Standards Act and Service Contract Act-Price Adjustment (January 2019)

Use Of Environmentally Preferable Products (October 2016)

Buy American Act-Supplies (October 2014)

Responsibility for Supplies (April 1996)

The Contractor shall comply with the following AMS provisions or clauses that the Contracting Officer has indicated as being incorporated by reference:

3.6.1-1 Notice of Total Small Business Set-Aside (January 2010)

3.6.1-2 RESERVED

3.6.1-3 Utilization of Small, Small Disadvantaged and Women-Owned, and Service-Disabled

Veteran Owned Small Business Concerns (March 2009)

3.6.1-8 Notification of Competition Limited to Eligible SEDB Concerns (April 2016)

_ 3.6.1-12 Notice of Service-Disabled Veteran Owned Small Business set-Aside (October 2011)

3.6.1-14 Notice of Partial Small Business Set-Aside (July 2019)

3.6.3-13 Affirmative Procurement of Recycled Content and Products under Service and Construction

Contracts (October 2016)

3.6.3-20 IEEE 1680 Standards for Environmental Assessment of Electronic Products (October 2018)

3.10.1-8 Suspension of Work (September 1998)

_X 3.10.1-9 Stop Work Order (October 1996)

3.10.1-9 Alternate I, Stop Work Order (October 1996 )

3.10.1-10 Stop Work Order-Facilities (June 1999)

3.10.1-11 Government Delay of Work (April 1996)

_X_ 3.10.1-12 Changes-Fixed Price (April 1996)

3.10.1-12 Alternate I, Changes-Fixed Price (April 1996)

3.10.1-12 Alternate II, Changes-Fixed Price (April 1996)

3.10.1-12 Alternate III, Changes-Fixed Price (April 1996)

3.10.1-12 Alternate IV, Changes-Fixed Price (April 1996)

3.10.1-12 Alternate V, Changes-Fixed Price (April 1996)

3.10.1-13 Changes-Cost-Reimbursement (April 1996)

3.10.1-13 Alternate I, Changes-Cost-Reimbursement (April 1996)

3.10.1-13 Alternate II, Changes-Cost-Reimbursement (April 1996)

3.10.1-13 Alternate III, Changes-Cost-Reimbursement (April 1996)

3.10.1-13 Alternate IV, Changes-Cost-Reimbursement (April 1996)

3.10.1-13 Alternate V, Changes-Cost-Reimbursement (April 1996)

3.10.1-26 Contractor Performance Assessment Reporting System (April 2013)

_X 3.10.6-1 Termination for Convenience of the Government (Fixed-Price) (October 1996)

3.10.6-2 Termination for Convenience of the Government (Educational and Other Nonprofit

Institutions) (October 1996)

3.10.6-3 Termination (Cost-Reimbursement) (October 2014)

3.10.6-3 Alternate I, Termination (Cost-Reimbursement) (October 2014)

3.10.6-3 Alternate II, Termination (Cost-Reimbursement) (October 2014)

3.10.6-3 Alternate III, Termination (Cost-Reimbursement) (October 2014)

3.10.6-3 Alternate IV, Termination (Cost-Reimbursement) (January 2015)

3.10.6-3 Alternate V, Termination (Cost-Reimbursement) (January 2015)

_X_ 3.10.6-4 Default (Fixed Price Supply and Services) (October 1996) 3.10.6-5 Default (Fixed-Price Research and Development) (October 1996) 3.10.6-6 Default (Fixed Price Construction) (October 1996) 3.10.6-7 Excusable Delays (October 1996)

(a) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(b) Inspection and Acceptance. The Contractor must only tender for acceptance those supplies or services that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair, replacement or re-performance will not correct the defects or is not possible to correct the defects in a time period deemed reasonable by the Government, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights:

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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: http://conwrite.faa.gov

3.10.1-24 NOTICE OF DELAY (MARCH 2009)

3.11-34 F.O.B. DESTINATION (APRIL 1999)

THE FOLLOWING SPECIAL REQUIREMENTS IN FULL TEXT APPLY TO THIS PURCHASE ORDER:

NOTICE TO SUPPLIER: This is a firm order ONLY if your price does not exceed the maximum line item or total price in the Schedule. If you cannot perform in exact accordance with this order, WITHHOLD PERFORMANCE and notify the Contracting Officer immediately, giving your quotation.

NO SUBSTITUTE OR CHANGE: No substitution or changes shall be made without prior approval of the Contracting Officer.

PROVISION 61 PRESERVATION/PACKAGING, PACKING, AND MARKING: SEE ATTACHED

***IF APPLICABLE***

61. PRESERVATION/PACKAGING, PACKING, AND

MARKING:

The Government may perform reviews and evaluations, at all places and times, as reasonably necessary to ascertain compliance with the intent of this provision.

These reviews and evaluations will be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

a. All items unless otherwise specified in contract must be individually packaged to the minimum requirements of the American Society for

Testing and Materials (ASTM) D3951-15. Standard Practices for commercial packaging are encouraged unless it is shown that commercial packaging cannot provide adequate protection and preservation. Common hardware items must be packaged in multiple unit pack quantities compatible with the unit of issue (UI) or Quantity per Unit Pack (QUP). BULK QUANTITIES ARE NOT

ACCEPTABLE.

b. Items subject to damage by electromagnetic field forces and Electro-

Static Discharge (ESD) must be initially wrapped in material conforming to MIL-PRF-81705E(1), Type III. ESD intermediate and exterior containers must be marked with the yellow and black ESD label IAW current standard of MIL-STD-129R. Handling of items susceptible to damage by electrostatic discharges, will be performed IAW ANSI-ESD Standard S20.20 “Protection of

Electrical and Electronic Parts, Assemblies and Equipment

(Excluding Electrically Initiated Explosive Devices)”. A current and valid Product Data Sheet (PDS) must accompany each type of Electrostatic Discharge (ESD) sensitive material being shipped for fulfillment. The data sheet must include the Human Body

Model (HBM) and Charge Device Model (CDM) sensitivity levels.

c. Packaging and marking for Hazardous materials must comply with applicable requirements for Performance Oriented Packaging contained in the International Air Transport Association (IATA) Dangerous

Goods Regulations or the International Maritime Dangerous Goods

Code (IMDG) and with Code of Federal Regulations (CFR) Title 29, Title 40 and Title 49. A current and valid SDS/MSDS (safety data sheet) must accompany each type of dangerous good or hazardous material being shipped for fulfillment.

d. Unless specifically exempted in the contract or solicitation, the following identification information must be marked using current standard of MIL-STD-129R.

e. Assemblies, modules and equipment must be marked with a serial number toserve as a unique identifier.

f. Labels must include the following specifications from MIL-

STD-129R paragraphs:

5.1.1 Identification Marking

5.4.1.1.1 Identification Barcode Marking

5.10.20.1 ESD Unit Packs

5.10.20.2 ESD Intermediate and Exterior Containers

5.13 Hazmat Marking and Labeling

g. Items received non-compliant with preservation, packaging and markings are subject to be returned at no cost to the government.

The government will not repackage non-compliant ESD sensitive items. In the event of an urgent need, the FAA may exercise the following action: The non-compliant packaged items will be retained and repackaged to meet specifications at the FAA location. The FAA may deduct packaging charges from the Purchase Order/Contract.

h. The following paragraph concerns only the FAA items that are shipped to a contractor for repair: The FAA will endeavor to ship all items in reusable containers. All items must be returned to the FAA in the same or equal containers (see a. and d. above). Instances where material is shipped in specialized containers (e.g.., plastic/fiberglass shipping cases, metal crates, etc.), that material will be returned in the original container.

i. Fabrication of Spools, Reels and Coils for cable cord and wire must comply with NEMA STANDARD WC 26-2008. Packaging must comply with MIL-DTL-12000K. Markings must comply with MIL-STD-129R.

j. Asset barcode Specification, if required by FAA contract, must be in conformance with the GS1 US Global Individual Asset

Identifier (GIAI) standard. The FAA bar-code symbology standard is documented in the FAA Data Item Description

(CDRL/DID). Asset Identification Process and Procedure Guide, Asset Identification Contract Data Requirements List and Data

Item Description (CDRL/DID)

Copies of the ASTM can be obtained from:

ASTM

100 Barr Harbor Dr.

West Conshohocken, PA 19428

(610) 832-9500

Copies of MIL- STD-129R can be obtained from:

DODSSP

Customer Service

Standardization Documents Order Desk

700 Robbins Avenue Building 40

Philadelphia,PA 19111-5094

Copies of 49 CFR Parts 100-185 can be obtained from:

Mancomm

315 West Fourth Street

Davenport, IA 52801

(563)323-6245

1-800-MANCOMM

Copies of International Air Transport Association (IATA) can be obtained from:

International Air Transport Association

Cargo Department

800 place Victoria

PO BOX 113

Montreal, Quebec, Canada H4Z 1M1

(514) 390-6770

Copies of International Maritime Dangerous Goods (IMDG) can be obtained from:

International Maritime Organization

4, Albert Embankment

London

SE17SR

United Kingdom +44 (0) 20 787 3210

Copies of NEMA STANDARD WC 26-2008 can be obtained from:

National Electrical Manufacturers Association

13100 North 17th Street, Suite 1752

Rosslyn, Virginia 22209

Copies of MIL- DTL-12000K can be obtained from:

DODSSP

Customer Service

Standardization Documents Order Desk

700 Robbins Avenue Building 4

Philadelphia, PA 19111-5094

Copies of ANSI-ESD Standards can be obtained from:

ESD Association

7900 Turin Rd., Bldg. 3

Rome, NY 13440-2069

(Rev. D – 08/2019)

Section -- - Terms and Conditions Terms and Conditions List

3.6.4-22 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (October 2019)

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in AMS clause 3.6.4-23 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror must provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

3.6.4-23 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (October 2019)

(a) Definitions. As used in this clause--

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening.

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or 5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.6.4 A 16.e.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor must report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information. For indefinite delivery contracts, the Contractor must report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order.

(2) The Contractor must report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor must describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of Clause)

(b) Clause List

3.6.4-18 CERTIFICATION REGARDING STEEL AND MANUFACTURED PRODUCTS (OCT 2019)

In accordance with 49 USC Section 50101, the offeror/contractor certifies that:

(Check one)

[ ] The steel and manufactured goods, including components and subcomponents provided in accordance with this contract are entirely produced in United States (or deemed United States produced pursuant to International Agreement)

[ ] The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment and final assembly of the facility or equipment has occurred in the United States.

(End of clause)

(c) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(d) Inspection and Acceptance. The Contractor must only tender for acceptance those supplies or services that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair, replacement or re-performance will not correct the defects or is not possible to correct the defects in a time period deemed reasonable by the Government, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights:

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.