6973GH-23-R-00022 AADCR CLIE - CPA.pdf

SOLICITATION, OFFER AND AWARD

3. SOLICITATION TYPE1. CONTRACT NO. 2. SOLICITATION NUMBER

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

5. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

PAGE OF PAGES

1 53

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

9. FOR

INFORMATION

CALL

CAUTION: LATE Submissions, Modifications and Withdrawals. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

10. TABLE OF CONTENTS

17. OFFER DATE16. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

14C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

14B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER14A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

13. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT PAYMENT the designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above , to furnish any or all items upon which prices are offered at the price set opposite each item , delivered at

11. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

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

OFFER (Must be fully completed by offeror)

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

27. AWARD DATE

(Signature of Contracting Officer)

26. CONTRACT AUTHORITY

24. PAYMENT WILL BE MADE BY

25. NAME OF CONTRACTING OFFICER (Type or print)

CODE 23. ADMINISTERED BY (If other than Item 6)

ITEM

(4 copies unless otherwise specified)

22. SUBMIT INVOICES TO ADDRESS SHOWN IN21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

20. ACCOUNTING AND APPROPRIATION19. AMOUNT18. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by CONTRACT AUTHORITY)

CODE

01/11/2023 X

AAQ0731-AFN

AAQ-731 FAC. & AVIATION SAFETY ACQ

FAA AERONAUTICAL CENTER

PO BOX 25082

BLDG 014-AHQ, ROOM 233A

OKLAHOMA CITY OK 73125

1630 CS 09/30/2024

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Heather A. Amaral

6973GH-23-R-00022

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 53

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-23-R-00022

Period of Performance: 03/01/2023 to 08/31/2026

00001 BASE YEAR - Contract Legal Instrument Examiner 1960 HR

(CLIE) or Contract Program Analyst (CPA) Labor -

Time & Material (T&M)

Period of Performance: 03/01/2023 to 02/29/2024

00002 BASE YEAR - Annual Liability Insurance (T&M)

Period of Performance: 03/01/2023 to 02/29/2024

00003 BASE YEAR - Over & Above in accordance with (IAW)

Paragraph 9 of the Performance Work Statement

(PWS)

Period of Performance: 03/01/2023 to 02/29/2024

00004 BASE YEAR - Travel (T&M)

Period of Performance: 03/01/2023 to 02/29/2024

00005 BASE YEAR - Material (T&M)

Period of Performance: 03/01/2023 to 02/29/2024

10001 OPTION YEAR I - CLIE or CPA Labor (T&M) 1960 HR

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2024

Period of Performance: 03/01/2024 to 02/28/2025

10002 OPTION YEAR I - Annual Liability Insurance (T&M)

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2024

Period of Performance: 03/01/2024 to 02/28/2025

10003 OPTION YEAR I - Over & Above IAW Paragraph 9 of the PWS

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2024

Period of Performance: 03/01/2024 to 02/28/2025

10004 OPTION YEAR I - Travel (T&M)

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2024

Period of Performance: 03/01/2024 to 02/28/2025

20001 OPTION YEAR II - CLIE or CPA Labor (T&M) 1960 HR

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2025

Continued ...

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 53

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-23-R-00022

Period of Performance: 03/01/2025 to 02/28/2026

20002 OPTION YEAR II - Annual Liability Insurance (T&M)

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2025

Period of Performance: 03/01/2025 to 02/28/2026

20003 OPTION YEAR II - Over & Above IAW Paragraph 9 of the PWS

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2025

Period of Performance: 03/01/2025 to 02/28/2026

20004 OPTION YEAR II - Travel (T&M)

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2025

Period of Performance: 03/01/2025 to 02/28/2026

30001 OPTION TO EXTEND SERVICES - CLIE or CPA Labor 980 HR

(T&M)

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2026

Period of Performance: 03/01/2026 to 08/31/2026

30002 OPTION TO EXTEND SERVICES - Annual Liability

Insurance (T&M)

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2026

Period of Performance: 03/01/2026 to 08/31/2026

30003 OPTION TO EXTEND SERVICES - Over & Above IAW

Paragraph 9 of the PWS

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2026

Period of Performance: 03/01/2026 to 08/31/2026

30004 OPTION TO EXTEND SERVICES - Travel (T&M)

(Option Line Item)

(Expected Exercise Date/Days After Award:

)03/01/2026

Period of Performance: 03/01/2026 to 08/31/2026

Section B - Supplies or Services/Prices Section B - Schedule

This Multiple Award Indefinite Delivery, Indefinite Quantity (IDIQ) Contract to support the Office of Aerospace Medicine (AAM) Airman Disability Case Review (AADCR) project includes fixed-priced labor hours and the reimbursement of incidentals (i.e. material, travel, insurance, etc.) at cost via a Time-and-Material pricing arrangement. The contract is comprised of a one-year base ordering period and up to two one-year option ordering periods as well as an option to extend services up to six months for a potential total ordering period of three years and six months from the outset of initial awards should all options be exercised. The terms and conditions (i.e.

provisions and clauses) that will govern the contract are specified herein.

The precise number of labor hours and incidentals needed to support this effort is unknown. A minimum order quantity of 490 labor hours is guaranteed to each awardee; thus each awardee must be issued at least one task order at contract award for the minimum order amount. The maximum number of labor hours per any one task order during contract performance must not exceed 1,960 hours.

Upon satisfying minimum order obligations under this contract, the Government will order support on an as-needed basis via the issuance of task orders to those vendors with availability to work additional cases and who have met quality requirements on previously assigned workload as detailed in the Performance Work Statement (PWS).

Cases will be assigned based on vendor status in the Master Spreadsheet/Dashboard until all cases have been adequately addressed and there are no more cases to work. Task Orders will be issued with not-to-exceed (NTE) line items. The NTE quantities are not a representation to an Offeror that the estimated quantity will be ordered, nor an indication that conditions affecting requirements will be stable or remain normal throughout the life of the contract.

The Offeror must propose fixed-price labor hour rates and calculate total amounts based on the labor hour rates proposed and the Government’s NTE quantity of hours provided in the table attached to the solicitation in Section J, Attachments for each contractual ordering period. The negotiated fixed-price labor hour rates will be established within Section B’s Table of Unit Prices & Ceiling Amounts of the resultant contract.

Clause List

3.14-14 COOPERATION WITH DEFENSIVE COUNTERINTELLIGENCE PROGRAM (DCIP)

REQUIREMENTS (JUL 2021)

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

The Contractor must provide the support specified in Section B, Schedule of Supplies or Services & Prices IAW the PWS attached to the contract in Section J, Attachments, and the provisions, terms, and conditions set forth herein.

Clause List

Section D - Packaging and Marking Clause List

Section E - Inspection and Acceptance Clause List

3.10.4-5 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (APR 1996)

AC1908 INSPECTION AND ACCEPTANCE AT DESTINATION (JUN 2015)

(a) Final inspection and acceptance shall be at destination.

(b) Although source inspection by the Government is not anticipated under this contract, the provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled 3.11-34 - F.O.B.

Destination.

Section F - Deliveries or Performance Clause List

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

3.8.2-22 SUBSTITUTION OR ADDITION OF PERSONNEL (OCT 2006)

(1) The Contractor must assign only those individuals whose resumes, personnel data, or personnel qualification statements have been submitted and determined by the Contracting Officer to meet the minimum requirements of the contract. The Contractor must not substitute or add personnel except in accordance with this clause.

(2) Substitution of Personnel.

(a) For the first 1,260 days of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.

(b) If an individual becomes, for whatever reason, unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or is expected to devote substantially less effort to the planned work, the Contractor must propose a substitute personnel as required by paragraph (4) below.

(3) Addition of Personnel. If an FAA requirement will increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract, then the Contractor must notify the Contracting Officer to add personnel to the designated labor category. The Contractor must request added personnel as required by paragraph (4) below.

(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least X days (if a security clearance must be obtained, at least X days) before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer. Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel.

(5) The Contracting Officer may terminate the contract if the Contractor has not made suitable, timely, and reasonably forthcoming replacement of personnel who have been reassigned or terminated or otherwise become unavailable to work under the contract or the resulting loss of productive effort would impair the successful completion of the contract. Alternatively, if the Contracting Officer finds the Contractor to be at fault for the condition, then the Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor's action.

(End of clause)

AC1604 CONTRACT PERIOD (JUN 2015)

The effective period of this contract is 1 year from the execution of the base period and each option period thereafter with the exception of the option to extend services up to six months..

Section G - Contract Administration Data Clause List

G.1 ACCOUNTING AND APPRORIATION DATA

Accounting and appropriation data will be set forth at the issuance of task orders.

G.2 CORRESPONDENCE PROCEDURES

(a) To promote timely and effective administration, correspondence submitted under this contract (except for invoices and reports) is subject to the following procedures:

(1) Correspondence Preparation. All correspondence must contain a subject line commencing with the contract number.

(2) Technical correspondence of a routine nature must be addressed to the designated Contracting Officer Representative (COR) with an information copy of the correspondence sent to the Contracting Officer (CO).

(3) Other correspondence, including technical correspondence where patent or technical data issues (if any) are involved, or correspondence which proposes or otherwise involves waivers, deviations, or modifications to the contract requirements, terms and conditions, etc. must be addressed to the CO with an information copy of the correspondence (CC) sent to the COR.

(b) Invoices must be submitted in accordance with Clause 3.3.1-40, Electronic Submission of Payment Requests.

G.3 FEDERAL AVIATION ADMINISTRATION (FAA) CONTRACTING OFFICER’S (CO) AUTHORITY

(a) The FAA CO assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting; ensuring compliance with the terms and conditions of the contract and safeguarding the interests of the United States in its contractual relationships. In this regard, the CO is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the CO is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, this authority remains solely with the CO.

(b) It is the responsibility of the Contractor to contact the CO immediately if there is even the appearance of any technical direction that is or may be outside of the scope of the contract. Work not ordered by the CO and/or work outside the scope of the contract will not be reimbursed by the Government.

(c) The Contractor must immediately notify the CO for clarification when a question arises regarding the authority of any person to act for the CO under this Contract.

3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)

AC0116 OPTION TO EXTEND SERVICES (JUN 2015)

The Government may unilaterally exercise its option to extend the term of the contract for performance of specified services pursuant to Section I, AMS Clause 3.2.4-34, Option to Extend Services , by written notice to the contractor not later than the expiration date of the current contract period.

Section H - Special Contract Requirements Clause List

H.1 CONTRACT AWARD & TASK ORDER EXECUTION – MULTIPLE AWARD CONTRACT

(a) Contracts generated from this solicitation will be awarded individually to each vendor deemed qualified and responsible whose proposed hourly labor rates fall within the acceptable range that will be established at the time of the initial awards in accordance with Section L. Contract awards will be considered throughout the proposal request period of this solicitation which is through 30 Sep 2024. The length of each contract will correspond with the amount of ordering time (i.e. initial one-year base ordering period and up to two one-year options with a six-month option to extend) remaining on the contracts initially awarded from this solicitation.

(b) All awarded contracts will be assigned a distinct contract number and will contain the terms and conditions specified in this solicitation. Work under the contracts will be ordered via the issuance of written task orders to the Contractor by the Contracting Officer (CO). Individual task orders will be issued off of each contract to first satisfy initial minimal order requirements and then to fulfill subsequent Government requirements as needed.

(c) The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed task orders.

(d) Task orders will be structured as Time-and Material (T&M) and clearly define the parameters of the support to be provided. Task orders may be issued by the CO any time within the term of the contract’s ordering period which may be extended via the execution of option clauses.

(e) Task Orders may be modified by the Contracting Officer. Modifications to task orders will be issued on Standard Form (SF) 30 and cite the Task Order Number.

H.2 DISTRIBUTION OF WORKLOAD FOLLOWING AWARD

(a) The precise number of labor hours and incidentals needed to support this effort is unknown. A minimum order quantity of 490 labor hours is guaranteed to each awardee; thus each awardee must be issued at least one task order at contract award for the minimum order amount. The maximum number of labor hours per any one task order during contract performance must not exceed 1,960 hours.

(b) Upon satisfying minimum order obligations under this contract, the Government will order support on an as-needed basis via the issuance of task orders to those vendors with availability to work additional cases and who have met quality requirements on previously assigned workload as detailed in the Performance Work Statement (PWS).

Cases will be assigned based on vendor status (i.e. # of cases currently assigned and work availability as specified by the vendor) in the Master Spreadsheet/Dashboard until all cases have been adequately addressed and there are no more cases to work. Following award, vendors will be granted access to the Master Spreadsheet/Dashboard on the Government SharePoint to fulfill contractual requirements. Task Orders will be issued with not-to-exceed (NTE) line items. The NTE quantities are not a representation to an Offeror that the estimated quantity will be ordered, nor an indication that conditions affecting requirements will be stable or remain normal throughout the life of the contract.

H.3 SHERMAN ACT ACKNOWLEDGEMENT & CERTIFICATION

The Sherman Act prohibits any agreement among competitors to fix prices, rig bids, or engage in other anticompetitive activity. Each Offeror will acknowledge they are aware of the act and certify that they have not violated the act during the course of this acquisition via Attachment 3, Sherman Act Acknowledgement & Certification in Section J, Attachments.

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 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)

3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JAN 2022)

(a) Definitions.

(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.

(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.

(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:

(i) The awarding of any Federal contract.

(ii) The making of any Federal grant.

(iii) The making of any Federal loan.

(iv) The entering into of any cooperative agreement.

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.

(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

(7) "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:

(i) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.

(ii) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.

(iii) A special Government employee, as defined in section 202, title 18, United States Code.

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States Code, appendix 2.

(8) 'Person,' as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(9) 'Reasonable compensation,' as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

(10) 'Reasonable payment,' as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

(11) 'Recipient,' as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(12) 'Regularly employed,' as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person must be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

(13) 'State,' as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi- State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal action) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the screening information request (SIR), the offeror must complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this clause in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 must disclose accordingly.

(4) This certification and disclosure is a prerequisite for making or entering into this contract imposed by the Act.

Any person who makes a prohibited expenditure or fails to file or amend a disclosure form, must be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure.

(c) The prohibitions of the Act do not apply under the following conditions:

(1) Agency and legislative liaison by its own employees.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.

(ii) For purposes of subdivision (c)(1)(i) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(iii) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:

(A) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(iv) The following agency and legislative liaison activities are permitted where they are prior to Screening Information Request (SIR) of any covered Federal action:

(A) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(B) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(C) Capability presentations by persons seeking awards from an agency pursuant to the provisions of a law authorizing such actions;

(v) Only those services expressly authorized by subdivision (c)(1)(i) of this clause are permitted under this clause.

(2) Professional and technical services.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of:

(A) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(B) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(ii) For purposes of subdivision (c)(2)(i) of this clause, 'professional and technical services' must be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a submittal/offer by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's submittal/offer, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services.

Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a submittal/offer are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.

(iii) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(iv) Only those services expressly authorized by subdivisions (c)(2)(i) and (ii) of this clause are permitted under this clause.

(v) The reporting requirements herein must not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

(d) Disclosure.

(1) If the Contractor, who requests or receives from an agency a Federal contract, has made or has agreed to make any payment using non-appropriated funds (to include profits from any Covered Federal action), to any person for the purpose of influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with a Covered Federal action, the Contractor must file with that agency a disclosure form, OMB Standard Form LLL, Disclosure of Lobbying Activities..

(2) The Contractor must file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (d)(1) of this clause. An event that materially affects the accuracy of the information reported includes:

(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or

(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or

(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

(3) The Contractor must require the certification, and if required, a disclosure form by any person who requests or receives any subcontractor exceeding $150,000 under the Federal contract.

(4) All subcontractor disclosure forms must be forwarded from tier to tier until received by the prime Contractor.

The prime Contractor must submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor.

(e) Agreement. The Contractor agrees not to make any payment prohibited by this clause.

(f) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or fails to file or amend the disclosure form to be filed or amended by paragraph (b) must be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representations made by their subcontractors in the certification and in the disclosure form.

(g) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(End of clause)

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

(a) In performance of this contract, the contractor and any of its subcontractors, may need access to and use various data and information in the possession of the Government.This data and information may have been obtained under conditions which restrict the Government's right to use and disclose this data and information or which may be adverse to the interests of the Government or other parties if it is disseminated or used in a capacity other than in performance of this contract. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless it is already publically available; or (2) use for any purpose other than the performance of this contract any data or information which bears a restrictive marking or legend which the contractor has gained access to through the performance of this contract, or information that should be marked according to FAA Order 1600.75 "Protecting Sensitive Unclassified Information (SUI)". For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form.

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

(c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information as required above. The contractor must obtain from each employee in connection with this contract a signed Non-Disclosure Agreement. This agreement must provide that the employee will not, during employment or anytime thereafter, disclose or use for current or future benefit of any party any of the data (to include any form of Sensitive Unclassified Information (SUI) described in FAA Order 1600.75) or information not publically available received in connection with the work under the contract.

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

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

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

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

(End of clause)

AC3402 FAA FACILITY REGULATIONS FOR MMAC CONTRACTORS (MAY 2019)

FAA FACILITY REGULATIONS FOR MMAC CONTRACTORS (APR 2016) CLA.3402

Contractor personnel, including employees of subcontractors at any tier, suppliers, etc., working at or visiting the FAA Mike Monroney Aeronautical Center (MMAC) facility, shall abide by all applicable regulations in effect at the MMAC facility governing their conduct, including, but not limited to, those regulations pertaining to traffic, parking, security, and airport matters. A non-inclusive list of such regulations is provided below. The full text of these are available at the website shown or can be obtained by contacting your Contracting Officer (CO)/Contracting Officer's Representative (COR).

FAA ORDERS/DIRECTIVES

*Contractor & Industrial Security Program FAA Order 1600.72A https://www.faa.gov/documentLibrary/media/Order/ND/1600.72A.pdf

Note: All contractors with access to government computer systems are required to take annual Security Awareness Virtual Initiative (SAVI) training. Information on how to accomplish this training is located at:

https://my.faa.gov/org/linebusiness/ash/programs/savi.html

*Accountability Board FAA Order 1110.125B https://www.faa.gov/documentLibrary/media/Order/FAA_Order_1110.125B.pdf

*FAA Occupational Safety & Health Policy FAA Order 3900.19C https://www.faa.gov/documentLibrary/media/Order/FAA_Order_3900.19C.pdf

*FAA Information Security and Privacy Program and Policy FAA Order 1370.121 https://employees.faa.gov/documentLibrary/media/Order/1370.121.pdf

*Ground Vehicle Operations to include Taxiing, or Towing Aircraft on Airports

Advisory Circular AC 150/5210-20A https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.information/documentID/102808

*Parking and Traffic AC 1600.21 H Chapter 7 https://ksn2.faa.gov/arc/amc/amp/amppublic/Traffic%20Safety/Forms/AllItems.aspx

*Documents are only available by request from the Contracting Officer.

AC4557 STRIKES OR PICKETING

Notwithstanding any other provision hereof, the Contractor is responsible for delays arising out of labor disputes, including but not limited to strikes, if such strikes are reasonably avoidable. A delay caused by a strike or by picketing which constitutes an unfair labor practice is not excusable unless the Contractor takes all reasonable and appropriate action to end such a strike or picketing, such as the filing of a charge with the National Labor Relations Board, the use of other available Government procedures, and the use of private boards or organizations for the settlement of disputes.

Section I - Contract Clauses 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)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2018)

3.1.7-4 ORGANIZATIONAL CONFLICT OF INTEREST - MITIGATION PLAN REQUIRED (OCT

2019)

3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (JUL 2018)

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)

3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2019)

3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 2021)

3.2.5-3 GRATUITIES OR GIFTS (OCT 2019)

3.2.5-4 CONTINGENT FEES (OCT 1996)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2019)

3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (OCT 2022)

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

3.3.1-5 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (OCT

2021)

3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)

3.3.1-14 LIMITATION OF FUNDS (JUL 2018)

3.3.1-16 PROHIBITION OF ASSIGNMENT OF CLAIMS (APR 1996)

3.3.1-17 PROMPT PAYMENT (JAN 2021)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(OCT 2012)

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

MANAGEMENT (JUL 2018)

3.3.1-39 FUNDING - TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (JUL 2018)

3.3.2-1 FAA COST PRINCIPLES (OCT 2019)

3.3.2-2 REIMBURSEMENT FOR TRAVEL AND SUBSISTENCE (APR 2010)

3.4.1-12 INSURANCE (OCT 2019)

3.4.1-13 ERRORS AND OMISSIONS (JUL 1996)

3.4.2-1 STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX (JUL 2019)

3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT

1996)

3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (JUL 2019)

3.5-1 AUTHORIZATION AND CONSENT (JAN 2019)

3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

(JAN 2009)

3.5-13 RIGHTS IN DATA - GENERAL (OCT 2014)

3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (JAN 2021)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-9 EQUAL OPPORTUNITY (JUL 2020)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (APR 2022)

3.6.2-13 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (APR 2022)

3.6.2-39 TRAFFICKING IN PERSONS (APR 2019)

3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (JAN 2019)

3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (JAN 2020)

3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)

3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (JAN 2020)

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

3.6.4-23 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (APR 2022)

3.9.1-1 CONTRACT DISPUTES (JAN 2020)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-14 CHANGES - TIME AND MATERIALS OR LABOR HOURS (APR 2022)

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

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

1996)

3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (JAN 2020)

3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (OCT 2014) - ALTERNATE IV (JAN 2015)

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

3.13-11 PLAIN LANGUAGE (JUL 2006)

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

3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (APR 2022)

3.14-4 ACCESS TO FAA FACILITIES, SYSTEMS, GOVERNMENT PROPERTY, AND SENSITIVE

UNCLASSIFIED INFORMATION (OCT 2021)

3.14-5 SENSITIVE UNCLASSIFIED INFORMATION (SUI) (JAN 2022)

3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS (JAN 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…