6973GH-23-R-00094.pdf

SEE ADDENDUMIS CHECKED.

CODE 17a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE 16a. CONTRACTOR/

TELEPHONE NO.

16b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

AAQ722-AFN

BLDG 014-AHQ, ROOM 233A

PO BOX 25082

FAA AERONAUTICAL CENTER

AAQ-722 DIVERSIFIED FRANCHISE ACQ

CODE 15. ADMINISTERED BYCODE 14. DELIVER TO

X

X X

SEE SCHEDULE

BLOCK IS MARKED

335910

SIZE STANDARD:

100.00% FORSET ASIDE

UNRESTRICTED

AAQ0722-AFN

OKLAHOMA CITY OK 73125

BLDG 014-AHQ, ROOM 233A

PO BOX 25082

FAA AERONAUTICAL CENTER

AAQ-722 DIVERSIFIED FRANCHISE ACQ

RFPIFB

11. DELIVERY FOR FOB10. THIS ACQUISITION ISCODE 9. ISSUED BY

RFQ

13. METHOD OF SOLICITATION

DESTINATION UNLESS

SIC:

SMALL BUSINESS

12. DISCOUNT TERMS

09/11/2023 1300 CD

07/10/2023

405-954-3577Stefanie Wiles (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 2. CONTRACT NO.

7.

6. SOLICITATION

6973GH-23-R-00094

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3WA-23-06638

OFFEROR TO COMPLETE BLOCKS 12, 16, 22, 23, & 28

OKLAHOMA CITY OK 73125

EFFECTIVE DATE

1,250

17b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 17a. UNLESS BLOCK BELOW

ISSUE DATE

23.

AMOUNT

22.

UNIT PRICE

21.

UNIT

20.

QUANTITY

19.

SCHEDULE OF SUPPLIES/SERVICES

18.

ITEM NO.

Commercial-off-the-Shelf (COTS) Battery Systems and Services

Continued ...

27. AWARD OF CONTRACT: REFERENCE

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

Stefanie Wiles

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

40d. TOTAL CONTAINERS40c. DATE REC'D (YY/MM/DD)

40b. RECEIVED AT (Location)

40a. RECEIVED BY (Print)

26. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

38. PAID BY37. S/R VOUCHER NUMBER36. S/R ACCOUNT NUMBER

35. CHECK NUMBER

FINALCOMPLETE PARTIAL

34. PAYMENT

39c. DATE39b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

39a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32c. DATE32b. SIGNATURE OF AUTHORIZED CONTRACT AUTHORITY

REPRESENTATIVE

FINALPARTIAL

CORRECT FOR

33. AMOUNT VERIFIED 32. VOUCHER NUMBER

CONTRACT, EXCEPT AS NOTED

ACCEPTED, AND CONFORMS TO THEINSPECTEDRECEIVED

30a. QUANTITY IN COLUMN 20 HAS BEEN

29c. DATE SIGNED

28a. SIGNATURE OF OFFEROR/CONTRACTOR 29a. CONTRACT AUTHORITY (SIGNATURE OF CONTRACTING OFFICER)

28c. DATE SIGNED28b. NAME AND TITLE OF SIGNER (Type or Print) 29b. NAME OF CONTRACTING OFFICER (Type or Print)

31. SHIP NUMBER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND

CONDITIONS SPECIFIED HEREIN.

25. TOTAL AWARD AMOUNT (For Contract Authority Use Only)24. ACCOUNTING AND APPROPRIATION DATA

OFFER

ITEM NO.

SUPPLIES/SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

6973GH-23-R-00094

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

Power Services Group (PSG) AJW-22 GNAS Battery

Requirement - Follow on contract

Total Small Business Set Aside

**All quantities referenced in the SIR are estimates only.**

00001 Base Year - See Attachment J.1 for CLIN pricing

Delivery in accordance with F.1

POP: XXX through XXXX

00002 Option year I - See Attachment J.1 for pricing.

Delivery in accordance with F.1

POP: XXXX through XXXX

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 360

Days After Award

00003 Option year II - See Attachment J.1 for pricing.

Delivery in accordance with F.1

POP: XXXX through XXXX

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 360

Days After Award

00004 Option year III - See Attachment J.1 for pricing.

Delivery in accordance with F.1

POP: XXXXX through XXXX

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 360

Days After Award

00005 Option year IV - See Attachment J.1 for pricing.

Delivery in accordance with F.1

POP: XXXXX through XXXXX

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 360

Days After Award

BASE YEAR: $

OPTION YEAR 1: $

OPTION YEAR 2: $

OPTION YEAR 3: $

OPTION YEAR 4: $

The estimated dollar amount for all task orders

Continued ...

ITEM NO.

SUPPLIES/SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

6973GH-23-R-00094

(A) (B) (C) (D) (E) (F) submitted under the multiple award contracts is a combined total value of $XXX,XXX,XXX (not to exceed) for the base and all option periods.

BASE YEAR PERIOD OF PERFORMANCE (POP):

OPTION YEAR 1 POP:

OPTION YEAR 2 POP:

OPTION YEAR 3 POP:

OPTION YEAR 4 POP:

Section A - Solicitation/Contract Form

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

B.1 Supplies and/or Services

B.1-1 TYPE AND TERM OF CONTRACT

This is a Multiple Award (MA) Indefinite Delivery/Indefinite Quantity (IDIQ) task order contract with Firm Fixed Priced (FFP) and Labor Hour (LH) Contract Line Item Numbers (CLINs). The base period of performance is from the date of contract award through twelve (12) months, with four (4) twelve (12) month option periods. If all options are exercised, the total period of performance is expected to be five (5) years.

The minimum guarantee required by the use of the MA IDIQ will be the award of one (1) task order. The minimum requirement will be considered fulfilled after award of the first task order. Other than the minimum obligation under this contract; the precise quantities of products are unknown and will be ordered as needed with the issuance of a task order. The Government will order, in terms of dollars, the guaranteed minimum quantity of $5,000 per contract awarded, during the base period. The minimum guaranteed quantity applies to the base year only. The maximum dollar value per task order during the contract period will not exceed $300,000. The only person authorized to either issue or modify task orders under this MA IDIQ is the Contracting Officer.

B.1-2 SCHEDULE B. CLIN & PRICE MATRIX

Offerors must complete the Schedule B cost worksheet (Section J, Attachment J.1) and submit in accordance with Section L.9.

(a) CLIN A0100 through A0900 (Battery String/Individual Battery) for the Base Period, as well as all corresponding CLINs for Options 1 through 4 are Not-to-Exceed (NTE) amounts. Negotiated price per site task order will be issued as a Firm-Fixed-Price (FFP).

(b) CLIN B0100 and B0200 (Site Survey Report/Seismic Report ) for the Base Period, as well as all corresponding CLINS for Options 1 through 4 are Firm Fixed Price (FFP). FFP includes per diem and travel within the 48 contiguous United States to perform Site Surveys when directed at NAS facilities where battery system replacement are required IAW Attachment J.28, paragraph 7.0. Site Surveys outside the 48 states are amended to include travel and per diem differential costs.

(c) CLIN B0300 (Installation) for the Base Period, as well as all corresponding CLINs for Options 1 through 4 are Not-to-Exceed (NTE) amount. Negotiated price per site task order will be issued as a Firm-Fixed-Price basis that includes labor, travel, per diem, and any miscellaneous hardware needed to install the battery string. Battery string is furnished under CLINs A0100 through A0900 or is Government Furnished Equipment (GFE); cost of shipping and recycle/disposal are covered under CLINs B0400 and B0500; and, Testing and Test Data Report covered under

CLIN B0600.

(d) CLINs B0400 and B0500 (delivery-recycle/disposal) for the Base Period, as well as all corresponding CLINs for Options 1 through 4 are Not-to-Exceed (NTE) amounts. Negotiated price per site task order will be issued as a Firm- Fixed-Price (FFP).

(e) CLIN B0600 (Testing and Test Data Report) for the Base Period, as well as all corresponding CLINs for Options 1 through 4 are Not-to-Exceed (NTE) amount. Negotiated price per site task order will be issued as a Firm-Fixed- Price basis that includes labor, travel, per diem, and any miscellaneous equipment needed to test and record test data.

(f) CLIN C0100 (Program Management Report) for the Base Period, as well as all corresponding CLINs for Options 1 through 4 are Firm-Fixed-Price (FFP). This CLIN is exercised at the Contracting Officer’s option. The Contracting Officer will determine if this report is needed less frequently than monthly. That decision is based on number of task orders being processed by the vendor.

(g) CLINs C0201 and C0202 (Program Manager and Administrative Assistant) for the Base Period, as well as all corresponding CLINs for Options 1 through 4 are Fixed-Price Labor Hour. The labor rate must be fully burdened (overhead, general and administrative (G&A) and profit). Travel and per diem costs must be IAW CLIN D0100.

This CLIN is exercised at the Contracting Officer’s option to cover conferences, program management reviews, and meetings not associated with individual installation project task orders. The number of vendor personnel funded under this CLIN, to attend conferences and meetings, is determined by the Contracting Officer before the conference or meeting.

(h) CLIN D0100 (Travel) for the Base Period, as well as all corresponding CLINs for Options 1 through 4, are Not-to-Exceed (NTE) amounts and must contain rates IAW GSA travel regulations and FAA's Travel Policy and negotiated prior to travel. Negotiated price per site task order will be issued as a Firm-Fixed-Price (FFP). CLIN D0100 is exercised at the direction of the Contracting Officer to cover conferences, program management reviews, and meetings not associated with individual installation project task orders. The number of vendor personnel reimbursed for travel, to a meeting or conference, is determined by the Contracting Officer prior to any meeting or conference. Meetings held at the Vendor’s office of record, City or County, are not eligible for Travel and Per Diem reimbursements.

(i) CLIN E0100 (Special Or Unique NAS Battery Requirements) for the Base Period, as well as all corresponding CLINs for Options 1 through 4 are Not-to-Exceed (NTE) amount.

Clause List

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

The contractor must furnish all labor, facilities, materials, services, transportation, preservation, packaging, packing and marking required to furnish and supply the services/data/information/documentation set forth below all in accordance with (IAW) the terms, conditions, and provisions set forth herein.

Detailed descriptions of the services to be furnished can be found in the Statement of Work (SOW) which can be found in Section J.

Clause List

AC4548 EMERGENCY SITUATIONS AND EXERCISES DURING CONTRACT PERFORMANCE

(JUL 2015)

(a) Emergency situations and exercises are temporary exceptions to the prohibition of contractor personnel not being subject to the direction and control of Government personnel when performing non-personal contract services in FAA facilities.

(b) All contractor personnel at a FAA work site or facility during an actual emergency shall conform to the procedures posted or directed by FAA officials responsible for emergency response at that site or facility. Such officials include evacuation wardens/monitors, security personnel, Emergency Readiness Officers, management, etc.

(c) Contractor personnel shall participate in all emergency exercises, including evacuations, as part of performance under this contract. On rare occasions and based on advance arrangements that are then announced at the time of an exercise, contractor personnel will be excused from evacuations.

(d) Contractor management/supervisors shall ensure that each contractor employee assigned work in FAA facilities possesses a general awareness of emergency and evacuation procedures at all locations where the employees might be during an emergency or exercise. Information on emergency procedures may be requested from the Contracting Officer’s Representative (COR) or a designated FAA contact point at the work site.

Section D - Packaging and Marking Clause List

Contract Data Requirements List (CDRL) and Data Item Description (DID) can be found in Section J.

D.1 PACKING AND PACKAGING

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

D.2 REPORTS AND OTHER DOCUMENTATION

Reports and other documentation, including Contract Data Requirements List (CDRL) items, must be submitted electronically to the Contracting Officer (CO) and Contracting Officer’s Representative (COR.)

AC2110 PRESERVATION, PACKAGING, PACKING, AND MARKING (JUN 2015)

Preservation, packaging, and packing shall be in accordance with the industry's standard commercial practices to protect from contamination and damage. The outside of the shipping container shall be marked with the applicable contract number and delivery order number.

Section E - Inspection and Acceptance Clause List

E.1 INSPECTION AND ACCEPTANCE

Inspection of the supplies and services to be furnished will be made by the Contracting Officer’s Technical Representative and acceptance will be made upon successful completion of all testing and Contractor Acceptance Inspection (Located in Section J).

E.2 INSPECTION AND ACCEPTANCE OF DOCUMENTS

Inspection and acceptance of documents must be in accordance with each CDRL ( Located in Section J).

3.10.4-2 INSPECTION OF SUPPLIES - FIXED PRICE (NOV 1997)

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

3.10.4-16 RESPONSIBILITY FOR SUPPLIES (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 AMS Clause 3.10.4-2 and 3.10.4-5

Section F - Deliveries or Performance Clause List

F.1 DELIVERABLES/DELIVERY SCHEDULES

Deliverables/delivery schedules for equipment and services are specified below:

(a) VOR, DCBUS, and Control Power battery CLINs A0100, A0300, A0400, A0500, A0700, and A0800 Battery string must be delivered after receipt of the delivery order in time to accomplish installation in accordance with priority noted in the Request for Quote (J.19 or J.20). See additional details about priorities as they relate to standard battery string replacement noted in (e).

(b) Flooded UPS battery CLIN A0200 Battery string must be delivered within 15 weeks from the receipt of the delivery order.

(c)VRLA UPS CLIN A0600 Battery string must be delivered within 30 weeks from the receipt of the delivery order.

(d) CLIN A0900 Support Equipment Candidate List (SECL) delivery must be 8 weeks from receipt of delivery order for all components except the UPS Flex Bus and breakers which must be 30 weeks and the UXTM Battery Monitor and components must be 12 weeks.

(e) CLIN B0100, B0200, and B0600 IAW the CDRLs.

(f) Standard battery string installation CLIN B0300 must begin within:

i. Flooded UPS battery CLIN A0200 must be 17 weeks from receipt of task order

ii. UPS VRLA battery CLIN A0600 must be 32 weeks from receipt of task order

iii. CLINs A0100, A0300, A0400, A0500, A0700, and A0800 have the allotted time-frame associated with the project priority. Project priorities are set during the Request for Quote (J.19 or J.20)

a. Emergency (E) – Must be accomplished before other scheduled projects as soon as equipment and site accessibility allows.

b. Priority 1 (P1) – Must be accomplished within 24 weeks (6 months).

c. Priority 2 (P2) – Must be accomplished within 36 weeks (9 months).

d. Priority 3 (P3) – Must be accomplished within 52 weeks (12 months).

(g) CLINs B0400 Delivery commensurate with CLINs A0100 through A0800 delivery times.

(h) CLIN B0500 battery string recycle/disposal coordinated with battery delivery plus one (1) day.

(i) CLIN C0100 IAW the CDRLs.

(j) CLIN C0200, D0100 and D0101 IAW SOW 3.1.3, pre-approval by Contracting Officer required.

(Note: Deliverables/Delivery schedules cited in (a) through (i) above apply to corresponding CLINs for Options 1 through 4.)

F.2 PLACE OF PERFORMANCE

The effort required by this contract must be performed at the contractor facility and various FAA locations and will be specified in the individual task/delivery orders.

F.3 PERIOD OF PERFORMANCE

The effective period of this contract is twelve months from the date of contract award, or may be extended by option(s) issued hereunder.

F.4 EQUIPMENT DELIVERY (CLINs B0400)

The Contractor must deliver battery strings and all supporting equipment to the site specified in the task/delivery order in accordance with the requirements herein and the SOW. The Contractor must remove and dispose of the replaced battery string by recycling, in accordance with the SOW.

(a) DELIVERY. The contractor must, as required, provide equipment delivery service to locations within the 48 contiguous United States.

(b) OUTSIDE CONTIGUOUS UNITED STATES. The contractor must, as required, provide equipment delivery service to locations outside the 48 contiguous United States.

(c) GROUND LEVEL DELIVERY. The contractor must provide ground level delivery service (sometimes referred to as “lift gate truck” service) as required where no further movement of equipment is performed by the carrier, other than deliver equipment to the site and remove from the truck to ground level. This delivery service used when CLINs B0400 battery strings are installed by others.

(d) INSIDE DELIVERY. The contractor must provide inside delivery service as required to remove equipment from delivery truck and place the equipment inside the facility. This delivery service is only used when CLIN B0400 battery strings are installed by others.

F.5 RECYCLE/DISPOSAL (CLIN B0500)

Recycle all spent batteries in accordance with Federal, State and Local regulations. Provide recycle documentation to the Contracting Officer or COR. The Contractor must deliver, arrange for pickup, transportation and recycling of battery strings. Contractor must remove and dispose of the replaced battery string by recycling, in accordance with the SOW.

3.10.1-9 STOP-WORK ORDER (OCT 1996)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

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

AC0168 AUTHORIZED PERFORMANCE (JUL 2015)

The execution of a contract shall not constitute authority for the contractor to commence performance. Performance shall be ordered by the issuance of a formal delivery order by an authorized Contracting Officer of the Mike Monroney Aeronautical Center. Orders issued orally or by written telecommunications shall reference a formal delivery order number and shall be confirmed by issuance of the formal delivery order.

AC1137 CHANGE TO INDIVIDUAL DELIVERY ORDER SCHEDULE (JAN 1997)

(a) The delivery schedule(s) of all delivery orders issued hereunder shall be established in accordance with the terms of the contract.

(b) In the event that the Contractor fails to deliver in accordance with the established delivery schedule(s) and if such failure is not due to an excusable delay as defined in the Default clause of this contract, the Government and the Contractor may at the Government's option, negotiate a revised delivery schedule(s) in exchange for adequate consideration to the Government. A contract modification will not be required, but the delivery order(s) shall be amended in writing accordingly.

(c) A delivery order change or amendment made pursuant to this clause shall not affect the delivery schedule(s) of any other delivery order(s) issued under this contract.

(d) This clause shall not limit the Government's rights under the Default clause.

AC1817 ACCELERATED DELIVERY (JAN 1997)

Any Schedule for delivery or performance may be expedited at the contractor's option, if without additional expense to the Government.

Section G - Contract Administration Data Clause List

G.1 Invoice Process

All invoices must be submitted with documentation acknowledging the work completed or material received by the

FAA.

Acceptable forms of acknowledgment are:

1. Material Delivery (provide at least one of the following):

1. Proof of Delivery (POD) form, OR

2. A shipping/receiving list signed by an FAA representative for delivery of equipment or materials.

2. Installation Work (provide all of the following as applicable to project):

1. Project schedule

2. A CAI form (Clear - No punch list items) signed by SSC FAA representative

3. Battery Readings and Service Test of installed battery string

4. Battery monitor commissioning report

5. Site Survey or Integration Report

6. Final layout drawings, as built.

7. Final elevation drawings, as built

8. Final electrical details, as built

9. Final anchor details, as built

10. Equipment documentation necessary to maintain system

11. Installation Instructions

12. Material Safety Data Sheet (MSDS)

13. Warranty data

14. Constant current tables (for battery)

15. Battery specifications (inc. seismic certifications, strap connection details, rack details, elevations and anchor points)

16. Spill containment documentation

17. Eyewash documentation

18. Battery Ventilation Monitor documents (installation, operation, troubleshooting, and maintenance)

19. Battery monitor documents (installation, operation, troubleshooting, and maintenance)

20. Completed 3900-18

21. Seismic Report with anchor calculation

22. Asbestos Work Practices

23. Asbestos Work Release

24. Asbestos training certificate

25. Other Work Releases as required to accomplish the project (WRR)

3. Site Survey Work

1. Final signed site survey report

4. Other acceptable documents or correspondence as determined by the CO

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 SPECIAL DELIVERY REQUIREMENTS

All delivery trucks entering staffed FAA facilities must be dedicated delivery, contain only equipment for that facility, third party cargo is not allowed on delivery trucks entering staffed FAA facility secure perimeters. This is also applicable when issued a battery string delivery order and batteries are installed by others.

H.2 FAA FACILITY REGULATIONS

Contractor personnel, including employees of subcontractors, suppliers, etc., working or visiting an FAA facility, must abide by all appropriate traffic, parking, security (to include FAA order 1600.69C), and airport regulations in effect at that facility.

H.3 AVAILABILITY AND USE OF FAA FACILITIES AND UTILITIES

(a) The contractor may use existing utilities without charge, if available; however, the contractor at his/her own expense and in a manner satisfactory to the Contracting Officer, must furnish, install, and maintain all necessary temporary connections and distribution lines, and must remove same prior to final acceptance of the on-site work.

These utilities are limited to one 120 volt, 20 amp outlet.

(b) The contractor may use facility restroom, if available. Un-staffed, usually remote, facilities do not have restrooms.

(c) Contractor may use facility loading dock, if available.

(d) Fork lifts and other devices used to remove batteries from delivery trucks are not available.

(e) The contractor will not be assigned a phone or phone service.

(f) The contractor will be allowed an external staging and storage area, approximately 200 square feet. Storage of replaced batteries is not allowed on Government property.

(g) Parking, on-site, in facility parking lot is permitted, after receiving facility security pass.

(h) Access to FAA sites by delivery and removal vendors. Staffed or on-airport FAA facility delivery truck/van content(s) are limited to equipment, batteries, etc. destined for that FAA facility/project. This also applies to truck/vans assigned to remove batteries for shipment to the recycle facility. Trucks/vans containing packages/equipment for delivery to multiple customers must not be allowed on staffed or on-airport facilities.

H.4 SECURITY – UNESCORTED ACCESS

(a) It has been determined by the operating office, in conjunction with the Servicing Security Element (SSE), and in accordance with FAA Order 1600.72, that all positions under this contract are low risk and seasonal, intermittent and each task will not exceed 180 days, and will be exempt from investigation. Therefore, all services or work performed under this contract that are performed at an FAA facility will be done only while under the escort of an authorized FAA Employee or the Contractor’s employee designated as Project Manager and that Project Manager is issued an FAA Contractor’s Security Badge.

(b) This determination does not preclude the SSE from investigating contractor employees under the normal investigative requirements, if it is determined that the contractor employee will require unescorted access to FAA facilities.

(c) If it is determined that the contractor’s employees require an investigation, then this contract will be modified to include the applicable security and suitability clauses.

(1) Contractor Project Manager. The contractor must identify, in writing, a Project Manager for each site. The Project Manager must be the contractor’s on-site point-of-contact. The Project Manager will be issued an FAA contractor’s badge. All other site contractor personnel will be issued temporary site visitor badges. The Project Manager will remain on-site for the duration of the project.

(d) It is the responsibility of the escort to keep the escort-required contractor employee or other person in plain view at all times and must be constantly aware of the contractor employee’s or other person’s actions. The contractor will not allow any contractor employee unescorted access to FAA facilities.

(e) For all foreign nationals requiring escorted access to an FAA facility under this contract, the contractor must furnish the following information to AXP-300, Security Division, one week in advance of their proposed escorted access: name, alias(s), SSN, date and place of birth, country(s) of citizenship, alien registration number, date and place of entry into the US, contract name and contract number.

(f) The contract employee must comply with all applicable DOT, FAA, and local security directives while performing work under this contract.

H.5 TASK/DELIVERY ORDER PROCESSING-MULTIPLE AWARD CONTRACT

(a) General. Task/delivery orders will be issued for services and supplies to be performed/furnished under this contract. The Contracting Officer will issue task orders in order of priority, which may be periodically updated, during the performance period of the contract. Concurrent accomplishment of more than one task at a time may be required. The contractor must perform the tasks in the priority order unless written approval is received from the Contracting Officer to deviate from the priority order.

(b) Task/delivery award. The Contracting Officer (CO) will provide fair opportunity among contract awardees to determine task order award. The CO will act with broad discretion in determining procedures for awardees to receive a fair opportunity to be considered for each order. The CO will consider the factors listed below for both competitive acquisition procedures and direct award:

(1) Past Performance

(2) Quality of Service

(3) Price

(4) Timeliness of Performance

(5) History of integrity, reasonable and cooperative behavior

(c) Ordering Procedures:

(1) The FAA will issue a request for quote (Attachment J.19 or J.20) to the contractors.

(2) Contractor will return the completed J.19/J.20 by the due date specified in the request to the FAA for evaluation.

(3) The FAA will evaluate and determine whose proposal was the lowest price that captured the scope/requirement.

(4) Once awardee has been determined a Firm-Fixed Price task/delivery order will be issued.

(d) Whenever, in the opinion of the Contracting Officer, the need for services is an emergency, the CO may issue a task/delivery order, with a copy of the Task Performance Work Statement attached, directing the Contractor to proceed with performance of the work specified. Such task/delivery order will specify a ceiling price. The contractor will proceed with the performance of the work required by task/ delivery order. The contractor will submit a task proposal within 20 calendar days from the date of receipt of the task/delivery order. Following receipt of the contractor’s task proposal, negotiations, if required, will be conducted to establish a new ceiling price.

(e) Expenditures. In performance of orders, the Contractor must not incur costs in excess of the funds provided in each order. In performance of each order, Government liability, except for issued being disputed must be limited to amounts cited in the order schedule.

(f) The Contracting Officer is authorized broad discretion in determining the procedures for providing awardees a fair opportunity to be considered for each order. The procedures for selecting awardees for the placement of particular orders need not comply with competition requirements.

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)

3.8.2-17 KEY PERSONNEL AND FACILITIES (JUL 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 course of 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:

Program Manager [ ]

(List key personnel and/or facilities)

(End of clause)

3.13-16 RECORDS MANAGEMENT (JAN 2020)

(a) Definitions.

Federal record as defined in 44 U.S.C. § 3301, means all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. The term Federal record:

(1) Includes all FAA records.

(2) Does not include personal materials.

(3) Applies to records created, received, or maintained by Contractors pursuant to a FAA contract.

(4) May include deliverables and documentation associated with deliverables.

(b) Requirements.

(1) Compliance. The contractor must comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chapters 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by Privacy Act of 1974 (5 U.S.C. 552a), to the extent that the Privacy Act applies to any records maintained by the Contractor. These policies include the preservation of all Federal records, regardless of form or characteristics, mode of transmission, or state of completion.

(2) Applicability. All data created for Government use and delivered to, or falling under, the legal control of the Government, are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33. Such Federal records must be managed and scheduled for disposition only as permitted by the Federal Records Act, relevant statute or regulation, and FAA Order 1350.14 "Records Management" at https://www.faa.gov/documentLibrary/media/Order/FAA_1350.14B.pdf.

(3) Records maintenance. While in Contractor's custody, the Contractor is responsible for preventing the alienation or unauthorized destruction of FAA records, including all forms of mutilation. Records may not be removed from the legal custody of FAA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the FAA Agency Records Officer (ARO) (or the ARO's designate) and Contracting Officer, as appropriate. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report the event to the Contracting Officer in accordance with 36 CFR 1230, Unlawful or Accidental Removal, Defacing, Alteration, or Destruction of Records, for reporting to NARA by FAA Records Management. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

(4) Unauthorized disclosure. The Contractor must notify the Contracting Officer within 2 (two) hours of discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment.

Disclosure of non-public information is limited to…