6973GH-25-R-00121.pdf

6973GH-25-R-00121

1. REQUEST NO.

4a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

9. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 4a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO.

5. DELIVERY BY (Date)

6. DELIVERY

8. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

4b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

7. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 4a. This request does not commit the Contract Authority to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

10. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

04/18/2025

1 90

FAA AERONAUTICAL CENTER

PO BOX 25082

BLDG 014-AHQ, ROOM 233A

AAQ-720 DIVERSIFIED FRANCHISE ACQ

OKLAHOMA CITY OK 73125

Multiple

405 954-7861Edward Wright

05/19/2025 1500 CD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Base Year:

Option Year I:

Option Year II:

Option Year III:

Option Year IV:

Total:

Base Year Period of Performance (POP):

Option Year I POP:

Option Year II POP:

Option Year III POP:

Option Year IV POP:

00001 STS Base Period (2 years) PoP - XXXX thru XXXX Continued ...

11. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

12. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

13. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

14. DATE OF QUOTATION

b. TELEPHONE are are not attached

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 90 CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

6973GH-25-R-00121

Total Estimated value for CLIN 00001 Base Year -

00002 CDLS Base Period (Optional)(2 years))

PoP - XXXX thru XXXX

Total Estimated value for CLIN 00002 Base Year -

(Option Line Item)

(Expected Exercise Date/Days After Award: )

00003 STS Option Period I (Optional)(2 years))

PoP - XXXX thru XXXX

Total Estimated value for CLIN 00003 STS Option

Period I (Optional)(2 years)) -

(Option Line Item)

(Expected Exercise Date/Days After Award: )

00004 CDLS Option Period I (Optional)(2 years))

PoP - XXXX thru XXXX

Total Estimated value for CLIN 00004 CDLS Option

Period I (Optional)(2 years)) -

(Option Line Item)

(Expected Exercise Date/Days After Award: )

00005 STS Option Period II (Optional)(2 years))

PoP - XXXX thru XXXX

Total Estimated value for CLIN 00005 STS Option

Period II (Optional)(2 years)) -

(Option Line Item)

(Expected Exercise Date/Days After Award: )

00006 CDLS Option Period II (Optional)(2 years))

PoP - XXXX thru XXXX

Total Estimated value for CLIN 00006 CDLS Option

Period II (Optional)(2 years)) -

(Option Line Item)

(Expected Exercise Date/Days After Award: )

00007 STS Option Period III (Optional)(2 years))

PoP - XXXX thru XXXX

Total Estimated value for CLIN 00007 STS Option

Period III (Optional)(2 years)) -

(Option Line Item)

(Expected Exercise Date/Days After Award: )

00008 CDLS Option Period III (Optional)(2 years))

PoP - XXXX thru XXXX

Total Estimated value for CLIN 00008 CDLS Option

Period III (Optional)(2 years)) -

(Option Line Item)

(Expected Exercise Date/Days After Award: )

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 90 CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

6973GH-25-R-00121

00009 STS Option Period IV (Optional)(2 years))

PoP - XXXX thru XXXX

Total Estimated value for CLIN 00009 STS Option

Period IV (Optional)(2 years)) -

(Option Line Item)

(Expected Exercise Date/Days After Award: )

00010 CDLS Option Period IV (Optional)(2 years))

PoP - XXXX thru XXXX

Total Estimated value for CLIN 00010 CDLS Option

Period IV (Optional)(2 years)) -

(Option Line Item)

(Expected Exercise Date/Days After Award: )

Total Contract PoP -

Base Year

Op I

Op II

Op III

Op IV

Total Contract Value (Combined CLINs)

Base Year

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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

See Attachment J.19 - Schedule B Pricing Attachment

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 an Indefinite Delivery/Indefinite Quantity (IDIQ) task order contract with Firm Fixed Price (FFP) and Fixed- Price Labor Hour (LH) Contract Line-Item Numbers (CLINs). The base period of the performance is from the date of the contract award through twenty-four (24) months, with four (4) twenty-four (24) month option periods. If all options are exercised, the total period of performance is expected to be ten (10) years.

The minimum guarantee required by the use of the Multiple Award (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 $5,000.00 per the 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 $4,000,000.00. The only person authorized to either issue or modify tasks orders under this IDIQ is the Contract Officer (CO).

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

See attachment “Schedule B Pricing Attachment”

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 the supply to the services/data/information/ documentation in accordance with (IAW) the terms, conditions, and provisions set forth herein.

Detailed descriptions of the services to be furnished can be found in Section J, statement of work (SOW).

Clause List

PART 3.1.8 PROCUREMENT INTEGRITY

Section D - Packaging and Marking Clause List

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

AC2102 PRESERVATION, PACKAGING, PACKING AND MARKING (JUL 1997)

(a) All items unless otherwise specified shall be individually packaged to American Society for Testing and Materials (ASTM) D 3951 (packaging). Performance testing of packaging will be IAW ASTM D 4169 assurance level II distribution cycle 18.

(b) All items shall be marked IAW Mil STD 129 ‘Marking for Shipment and Storage’. Bar coding is required, 128 symbology is preferred; however, 3 of 9 will be accepted.

(c) Common hardware items shall be packaged in multiple unit pack quantities compatible with the unit of issue (UI) or Quantity per unit pack (QUP). BULK QUANTITIES ARE NOT ACCEPTABLE.

(d) The following paragraph concerns only Federal Aviation Administration (FAA) items that are shipped to a contractor for repair:

The FAA will endeavor to ship all items in reusable containers. All items shall be returned to the FAA in the same or equal (see A. above) containers. In those instances where material is shipped in specialized containers (plastic/fiberglass shipping cases, metal crates, etc.), that material will be returned in the original container. If an FAA-owned container is not reusable, the contractor shall notify the Contracting Officer, offer to furnish a new comparable container, and state its price. At its option, the FAA may accept the contractor's offer, or independently furnish a suitable shipment container.

Copies of the ASTMs can be attained from:

ASTM

100 Barr Harbor Dr.

West Conshohocken, PA 19428

(610) 832-9500

Copies of Mil STD 129 can be attained from:

DODSSP

Customer Service

Standardization Documents Order Desk

700 Robbins Avenue Building 4D

Philadelphia, PA 19111-5094

Section E - Inspection and Acceptance Clause List

E.1 INSPECTION AND ACCEPTANCE

Inspection of the supplies to be furnished will be made by the Contract 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)

3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (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 - 3.10.4-2 Inspection of Supplies - Fixed Price (NOV 1997)

AC1906 INSPECTION AND ACCEPTANCE (JAN 1997)

(a) The Government reserves the right to have its authorized representative inspect the material at the contractor's plant prior to shipment. To facilitate such inspection, the contractor shall give the Contracting Officer a written or telegraphic notice at least [insert # of days] working days prior to readiness for inspection. Such notice shall include FAA delivery order number, FAA contract number, and date of proposed inspection. The offeror shall indicate in the following space the location of the plant where the material will be available for inspection.

Plant

Location

(b) The Government may waive inspection at contractor's plant. In such event, final inspection will be at destination.

(c) In the event the Government does choose to inspect at the contractor's plant, final inspection at destination shall be ONLY for damage in transit, quantity, item substitution, and visual defects.

(d) Final acceptance will be at destination.

(e) The provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled [insert clause title]

Section F - Deliveries or Performance Clause List

F.1 DELIVERABLES/DELIVERY SCHEDULES

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

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 orders.

F.3 PERIOD OF PERFORMANCE

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

F.4 EQUIPMENT DELIVERY

The Contractor must deliver all equipment and supporting equipment to the site specified in the task order IAW the requirements herein and 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 outside the 48 contiguous United States.

(c) GROUD 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 equipment is installed by others.

(d) INSIDE DELIVERY. The contractor must provide inside delivery service as required to remove equipment from the delivery truck and place the equipment inside the facility.

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.

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 of Delivery are:

1. Proof of Delivery (POD) form, Bill of Lading (BOL) OR,

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

Invoices must contain the following information.

Business Information: Company Name, Business Address, Contact Details (such as phone number or email), and any other relevant information. If you have a company logo, display this in a professional way.

Contract Number and Task Order Number

Invoice Number

Invoice Date and Payment Due Date

Payment Terms (Set in Contract)

Itemized list of Equipment or Services

For Equipment; All items must contain the number of items being invoiced, the name and/or description of the item, the Contract Line-Item Number (CLIN) the item is being invoiced to, and Manufacturer Serial Number / Serial Number.

For Services; All Services, Training, Administrative, Program Management Review Meetings, etc., must contain the number of services, hours, or appropriate price structure being invoiced, the name and/or description of the service, and the Contract Line-Item Number (CLIN) the item is being invoiced to.

For CDLS; All items for repair must include the number of items being invoiced, the item name or description, the Contract Line-Item Number (CLIN) the item is being invoiced to, and Manufacturer Serial Number / Serial Number.

If applicable to the item, the National Stock Number (NSN) and/or the Global Individual Asset Identifier (GIAI) number.

For Travel Reimbursement; Travel is in accordance with the GSA Federal Travel Regulations. For any official temporary travel destination, you must provide a receipt to substantiate your claimed travel expenses for lodging and receipts for any authorized expenses incurred costing over $75, or a reason acceptable to your agency explaining why you are unable to provide the necessary receipt (see Federal Travel Regulation 301-11.25).

· First Date and Last Date are chargeable at 75% M&IE.

· Expenses shall not exceed the official Government travel rates without prior COR Approval.

· Lodging will not be paid for local travel (50 miles or less)

· Local Travel will only be reimbursed for mileage in excess of requester's normal commuting distance. The request must specify miles to be traveled and the

· specific purpose of the travel (e.g., attendance at a specific meeting, etc.).

· Travelers must provide supporting mileage documentation for all POV mileage reimbursement requests. An example of supporting documentation includes screenshots or pictures of point-to-point mileage information from free online web mapping services, such as MapQuest, Google Maps, etc.

Subtotal Calculate and list the subtotal, which is the total amount due before any taxes or additional fees. It is the sum of all the line-item amounts.

Taxes, Fees, and Discounts If applicable, list all shipping fees, discounts, etc. Each should be listed separately and added to or subtracted from the subtotal.

Total Amount Due

Notes You can use this optional section to provide additional information, reminders, or other information pertinent to the transaction.

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

AC4530 WARRANTY - COMMERCIAL PRODUCTS (JUN 2015)

(a) The contractor warrants that the products (‘products’ includes equipment, fabrication processes, raw or finished materials, and intermediate assemblies) conform to contract requirements. The contractor also warrants that products are free of design defects (except defects in FAA-provided final designs) and defects in materials or workmanship.

(b) The contractor shall replace or repair any products which fail in operation within 12 months from the date of receipt. The Contracting Officer will give written notice of any defect or nonconformance to the contractor within a reasonable period of time after discovery. Replacements of contract items shall be made promptly and on an FOB destination basis. FAA will install replacements at no expense to the contractor.

(c) Products replaced under the provisions of this warranty shall remain the property of FAA unless the contractor wishes to obtain ownership. In this case, the contractor shall notify FAA of such in writing not later than the date of receipt by FAA of the replacement products. The contractor is responsible for packaging and shipping costs.

(d) The rights and remedies of FAA provided in this clause are in addition to and do not limit any rights afforded to FAA by any other clause of this contract or under applicable Federal or State law, including the Uniform Commercial Code.

Section H - Special Contract Requirements Clause List

H.1 SPECIAL REQUIREMENTS

CLIN - X0017 - Special Engineering: Special Engineering efforts will be on a task order basis and will be negotiated before award of individual task order.

H.2 SPECIAL DELIVERY REQUIREMENTS

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

H.3 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 1600.69D), and airport regulations in effect at that facility.

H.4 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 Contract 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.

(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) Forklifts and other devices used to remove equipment 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 area, approximately 200 square feet.

(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 trucks/vans assigned to remove equipment/materials for shipment to the recycling facility. Trucks/vans containing packages/equipment for delivery to multiple customers must not be allowed on staffed or on-airport facilities.

H.5 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.

(d) 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. On-site contractor personnel may be issued temporary site visitor badges. The Project Manager will remain on-site for the duration of the project.

(e) 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.

(f) 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.

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

H.6 TASK/DELIVERY ORDER PROCESSING-MULTIPLE AWARD CONTRACT

(a) General. Task orders will be issued for services and supplies to be performed/furnished under this contract. The CO 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 order at a time may be required. The contractor must perform the tasks in the priority order unless written approval is received from the CO to deviate from the priority order.

(b) Ordering Procedures:

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

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

(3) Once the completed J.19 has been received and accepted, a Firm-Fixed Price task order will be issued.

(c) 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.

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 electric form;

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

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

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electric 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 form 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 Secure Hash Algorithm 1 (SHA-1).

All digitally signed documents and contracts sent to the FAA must use 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 documents require 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 (January 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.

(a) 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.

(a) 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 (July 2019)

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

[List key personnel and/or facilities]

(End of clause)

3.13-16 Records Management (October 2023)

(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 authorized personnel with a need-to-know as described in the contract. The Contractor must ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor must not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the FAA ARO (or the ARO’s designate) and the Contracting Officer. Destruction of records is expressly prohibited unless in accordance with the contract.

(c) Records management contracts – where the contractor is required to design, develop, and/or operate a system of records, the following additional requirements apply:

During the contract, the FAA ARO (or ARO’s designate) has the right to inspect where the records are stored (digitally or paper records) in order to ensure they are properly protected from the elements and/or loss. This inspection must be coordinated through the Contracting Officer or the Contracting Officer’s Representative. The contractor must be provided 30 calendar days’ notice of such inspections. This clause may be tailored to provide for a different notice period. Additional details regarding such inspections consistent with this clause may be specified in the Statement of Work.

For contracts where the contractor is responsible for managing FAA records, when the records are no longer required or at the completion of the contract, the records must be returned to FAA control. Items returned to the FAA must be hand carried, mailed, or securely electronically transmitted to the Contracting Officer or address indicated in the contract.

(d) Non-public information. The Contractor must not create or maintain any records containing any non-public FAA information that are not specifically tied to or authorized by the contract.

(e) Ownership. Consistent with all applicable data rights clauses in this contract, the FAA is the sole owner of the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which FAA will have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by applicable data rights clauses in this contract.

(f) Notification of third-party access requests. The Contractor must notify the Contracting Officer promptly of any requests from a third party for access to Federal records, including any warrants, seizures, or subpoenas it receives, including those from another Federal, State, or local agency. The Contractor must cooperate with the Contracting Officer to take all measures to protect Federal records, from any unauthorized disclosure.

(g)Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take FAA-provided records management training upon starting under the contract and annually thereafter as per the FAA Electronic Learning Management System (eLMS). If the contractor does not have access to eLMS, the contractor is to contact the Contracting Officer or Contracting Officer’s Representative (COR) who will advise the ARO who will in turn make arrangements to ensure the contractor has access. The Contractor is responsible for confirming to the Contracting Officer in an annual report due by September 30 of each year under the contract that training, including initial training and annual refresher training, has been completed in accordance with agency policies. This annual report must list the employee names and dates of initial or annual refresher training.

(h) Agency Records Officer (ARO) – regarding clause provisions above that cite the ARO or designate, information as to the name of the ARO or the ARO designate for particular locations outside FAA Headquarters may be obtained from the FAA Records and Information Management Team (RIM) at 9-faa-records-management-program@faa.gov.

(i) Subcontractor flowdown requirements. The Contractor must incorporate the substance of this clause, its terms and requirements including this paragraph (i), in all subcontracts under this contract.

(End of clause)

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.