6973GH-26-R-00060_SIR.pdf

SOLICITATION, OFFER AND AWARD

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

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

5. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

PAGE OF PAGES

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C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

9. FOR

INFORMATION

CALL

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

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

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

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J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

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B

A

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

10. TABLE OF CONTENTS

17. OFFER DATE16. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

14C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

14B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

13. ACKNOWLEDGEMENT OF AMENDMENTS

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

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

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

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

OFFER (Must be fully completed by offeror)

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

27. AWARD DATE

(Signature of Contracting Officer)

26. CONTRACT AUTHORITY

24. PAYMENT WILL BE MADE BY

25. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

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

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

AWARD (To be completed by CONTRACT AUTHORITY)

CODE

03/09/2026 X

AAQ740-AFN

AAQ-740 TRAINING & AVIATION ACQ

FAA AERONAUTICAL CENTER

PO BOX 25082

BLDG 014-AHQ, ROOM 233A

OKLAHOMA CITY OK 73125

EMAIL: Joshua.d.huckeby@faa.gov

1600 CT 04/08/2026

Joshua D. Huckeby 405 joshua.d.huckeby@faa.g ov 954-1684

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PAGE(S)

Joshua D. Huckeby

6973GH-26-R-00060

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

6973GH-26-R-00060

Periods of Performance (PoP)

Base Period: 5 years After Award

Option I: 3 years if Exercised

Option II: 2 years if Exercised

3.2.4-34 Option to Extend Services: Available

This is an Indefinite Delivery/Indefinite

Quantity (IDIQ) contract. As such, all amounts reflected on the final contract document are for estimate purposes only. Contract unit pricing located in Attachment 02 (Schedule B Price List) located in Section J is binding upon award and will be used for ordering purposes.

Invoicing procedures for this contract are located in Section I, at 3.3.1-40 Electronic

Submission of Payment Request.

SEE SECTION B FOR FULL CLIN DESCRIPTIONS

00001 INSTALLATION PHASE

Program Management Fee

FIRM FIXED PRICE

Electronic & IT: 03

00002 INSTALLATION PHASE

Site Preparation and Current Simulator Removal

FIRM FIXED PRICE

00003 INSTALLATION PHASE

Simulator Production

FIRM FIXED PRICE

Electronic & IT: 03

00004 INSTALLATION PHASE

Simulator Installation

FIRM FIXED PRICE

00005 BASE PERIOD

Post-Installation Support Fee

FIRM FIXED PRICE

00006 BASE PERIOD

Non-Recurring 4-Hour Block of Services (Extension of Regular Workday)

FIRM FIXED PRICE

Continued ...

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

6973GH-26-R-00060

Electronic & IT: 03

00007 BASE PERIOD

Non-Recurring Services and Materials

TIME AND MATERIALS (T&M)

Electronic & IT: 03

00008 BASE PERIOD

Travel

COST REIMBURSEMENT (CR)

Electronic & IT: 03

00009 BASE PERIOD

Over and Above

CONTRACT TYPE TBD AT TASK ORDER LEVEL

Electronic & IT: 03

00010 BASE PERIOD

Data

NOT SEPERATELY PRICED (NSP)

Electronic & IT: 03

00011 OPTION I

Simulator Operations and Management Support Fee

FIRM FIXED PRICE

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 1810

00012 OPTION I

Non-Recurring 4-Hour Block of Services (Extension of Regular Workday)

FIRM FIXED PRICE

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 1810

00013 OPTION I

Non-Recurring Services and Materials

TIME AND MATERIALS (T&M)

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 1810

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

6973GH-26-R-00060

00014 OPTION I

Travel

COST REIMBURSEMENT (CR)

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 1810

00015 OPTION I

Over and Above

CONTRACT TYPE TBD AT TASK ORDER LEVEL

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 1810

00016 OPTION I

Data

NOT SEPERATELY PRICED (NSP)

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 1810

00017 OPTION II

Simulator Operations and Management Support Fee

FIRM FIXED PRICE

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 2905

00018 OPTION II

Non-Recurring 4-Hour Block of Services (Extension of Regular Workday)

FIRM FIXED PRICE

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 2905

00019 OPTION II

Non-Recurring Services and Materials

TIME AND MATERIALS (T&M)

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 2905

00020 OPTION II

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

6973GH-26-R-00060

Travel

COST REIMBURSEMENT (CR)

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 2905

00021 OPTION II

Over and Above

CONTRACT TYPE TBD AT TASK ORDER LEVEL

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 2905

00022 OPTION II

Data

NOT SEPERATELY PRICED (NSP)

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: ) 2905

Section A - Solicitation/Contract Form

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

All pricing information for services and supplies is in accordance with Attachment 02 (Schedule B - Contractor Pricing Sheet) located in Section J.

The minimum guarantee of obligation under this contract is $10,000.00, and it may be satisfied by the first Task/Delivery Order.

Payment Terms for all Contract Line Items (CLIN) is NET30.

DESCRIPTION OF CONTRACT LINE ITEMS (CLIN)

1. INSTALLATION PHASE:

Contractor must provide all labor, materials, travel, tools, facilities, and other incidentals required to prepare the installation site, manufacture, and install the KA360ER Full Flight Simulator at Mike Monroney Aeronautical Center located in Oklahoma City, OK in accordance with Attachment 01 - Statement of Work (SOW) located in Section J of the contract.

Delivery of Installation Phase: Not to Exceed 24 months

CLIN 00001 - Program Management Fee

FIRM FIXED PRICE

Travel and Other Direct Costs (ODC) for this CLIN are not separately priced.

The Contractor may invoice in arrears on a monthly basis for services rendered, with each invoice reflecting an amount calculated to provide equal payments over a 24-month period from the total contract amount. If the Contractor completes the delivery of installation ahead of schedule, the Contractor may invoice the remaining total amount as a lump sum. Conversely, if installation is late, no upward adjustment to total price will be made.

CLIN 00002 - Site Preparation and Current Simulator Removal

FIRM FIXED PRICE

Travel and Other Direct Costs (ODC) for this CLIN are not separately priced.

Performance of this CLIN is subject to Notice to Proceed (NTP) from the FAA after inspection and acceptance of post-award submittals required by the SOW.

This Contract Line Item Number (CLIN) is considered 'complete' upon the FAA's inspection and acceptance, confirming that all associated tasks have been completed in accordance with the SOW.

The Contractor may invoice progress payments in accordance with the Schedule B Price List and the terms and conditions of the contract.

CLIN 00003 - Simulator Production

FIRM FIXED PRICE

Travel and Other Direct Costs (ODC) for this CLIN are not separately priced.

Performance of this CLIN is subject to Notice to Proceed (NTP) from the FAA after inspection and acceptance of post-award submittals required by the Statement of Work.

This CLIN is determined "complete" upon the FAA's inspection and acceptance at the Contractor's production facility.

The Contractor may invoice progress payments in accordance with the Schedule B Price List and the terms and conditions of the contract.

CLIN 00004 - Simulator Installation

FIRM FIXED PRICE

Travel and Other Direct Costs (ODC) for this CLIN are not separately priced.

This CLIN is subject to NTP to be issued upon successful completion of CLIN 00003 and FAA acceptance of all required pre-installation submittals.

This CLIN is determined "complete" upon the FAA's inspection and acceptance at Mike Monroney Aeronautical Center in Oklahoma City, OK.

The Contractor may invoice progress payments in accordance with the Schedule B Price List and the terms and conditions of the contract.

2. POST-INSTALLATION SUPPORT PHASE:

The contractor must provide all labor, materials, travel, tools, facilities, and other incidentals required to provide operational, logistical, and scheduled and unscheduled maintenance support for the KA360ER Full Flight Simulator at the Mike Monroney Aeronautical Center in Oklahoma City, OK, in accordance with Attachment 01 - Statement of Work (SOW) located in Section J of the contract.

Anticipated Delivery of Post-Installation Phase: Immediately upon Inspection and Acceptance of Installation through the last day of the final exercised option period.

CLIN 00005 and Subsequent Optional CLINs - Post-Installation Support Fee Firm Fixed Price The contractor must provide full-time on-site continuous operations, logistics, preventative maintenance, software renewals, and all other recurring incidentals in accordance with the Statement of Work (SOW).

The contractor may invoice monthly in arrears for services rendered.

CLIN 00006 and Subsequent Option CLINs - Non-Recurring 4-Hour Block of Services (Extension of Regular Workday)

FIRM FIXED PRICE

The contractor must provide an additional 4-hour block of support beyond the standard 12-hour workday upon request by the FAA. Up to 2 weeks' advance notice will be provided for support needed during normally scheduled operations outside regular hours. However, this CLIN may also be utilized on short notice to address emergent needs of the FAA, provided that the required support aligns with the same timing and skill requirements.

Contractor may invoice in arrears immediately upon completion of each ordered event under this CLIN.

CLIN 00007 and Subsequent Option CLINs – Non-Recurring Services and Materials

TIME AND MATERIALS (T&M)

See Attachment 02 - Schedule B Price List located in Section J for material handling and fully burdened labor rates.

All costs incurred under this CLIN is subject to 3.2.4-5 Allowable Cost and Payment (October 2019), and other terms and conditions contained throughout this contract.

T&M Ceiling to be established at the task order level.

See Section H, H.3 for ordering procedures for Engineering Services.

See Section H, H.4 for usage and restrictions related to corrective repairs not covered by warranty.

For material and Other Direct Costs (ODC), the contractor must obtain approval from the CO before incurring costs exceeding $10,000 to fully replenish spares inventory used for maintenance activities. Contractor is prohibited from splitting orders for multiple items to replenish the spares inventory in order to circumvent this threshold.

Contractor may invoice allowable costs in arrears on a monthly basis.

CLIN 00008 and Subsequent Option CLINs – Travel

COST REIMBURSEMENT (CR)

Pricing to be determined in accordance with the SOW, the Federal Travel Regulation (FTR), and 3.3.2-2 (REIMBURSEMENT FOR TRAVEL AND SUBSISTANCE (APR 2010) contained in Section I.

Contractor may invoice allowable costs immediately after completion of travel events approved by the CO.

CLIN 00009 and Subsequent Option CLINs – Over and Above

CONTRACT TYPE TBD AT TASK ORDER LEVEL

Pricing to be negotiated on an as-needed basis for work within scope, but not explicitly defined or priced by the contract, SOW, or any other documents contained herein.

Invoicing terms to be defined at the task order level.

CLIN 00010 and Subsequent Option CLINs – Data

NOT SEPERATELY PRICED (NSP)

Pricing for data deliverables defined in the SOW is included in the FFP CLINs herein. Data is not separately priced.

Clause List

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

The Contractor shall furnish all labor, management services, materials, tools, travel, data, and other incidentals required to perform all requirements set forth within the attached Statement of Work (SOW).

See Section J, Attachment 01 - Statement of Work.

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.

AC4563 EMERGENCY SITUATIONS AND EXERCISES DURING CONTRACT PERFORMANCE

AT THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (NOV 2015)

(a) Emergency situations and exercises are temporary exceptions to the prohibition of contractor personnel being subject to the direction and control of Government personnel when performing non-personal contract services in Government facilities.

(b) All contractor personnel at a Government work site or facility during an actual emergency must conform to the procedures posted or directed by Government officials responsible for emergency response at that site or facility.

Such officials include evacuation wardens/monitors, security personnel, Emergency Readiness Officers, management, Contracting Officer’s Representative (COR), etc.

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

(d) Contractor management/site supervisors must ensure that each contractor employee assigned to work in Government facilities possesses a general awareness of emergency and evacuation procedures at all locations where the employees might be during an emergency or exercise. Contractor Management/Site Supervisors are responsible for accounting for their employees during an actual emergency or exercise, and are subsequently required to report this information to their COR as soon as practical based on the situation. Information on emergency procedures may be requested from the COR or a designated Government contact point at the work site.

(e) When there are disruptions to Government operations at the Mike Monroney Aeronautical Center, Contractor Management/Site Supervisor should ensure that all employees are aware of the following methods of obtaining the Center’s status:

The Center Status website: https://employees.faa.gov/org/centers/mmac/employee_services/facility_status/

Status Phone number; 954-0040, and local TV/Radio news channels.

(f) If the Center is OPEN during inclement weather, it’s business as usual. Any need for unscheduled leave is between the contractor employee and their contractor management, not the FAA.

(g) When the Center is OPEN with a Delayed Arrival Time, contractors may allow their employees to arrive at the worksite in accordance with the Delayed Arrival Time under which the Center is operating. However, the government will not pay for hours not worked on other than firm fixed price type contracts and discussions on accounting for time on any other contract type should be between Contractor Management/Site Supervisor and COR or CO.

(h) When the Center is CLOSED, contractor employees should not report to the Center unless they have been informed in advance that they are considered ‘mission critical’ employees or their contractor management/site supervisor has provided other direction. The government will not pay for hours not worked on other than firm fixed price type contracts. Any discussions on accounting for time on any other contract type should be between the contractor management/site supervisor and the COR or CO.

(i) If an alternative duty location is activated that includes contractor employees, all contractor employees will be made aware of that location through their contractor management/site supervisor.

Section D - Packaging and Marking Clause List

D.1 PACKAGING AND MARKING

Preservation, packaging, and packing must be IAW 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.

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

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)

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

3.10.4-11 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS

(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 []

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 30 calendar 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 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), and 3.10.4-5 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (APR 1996).

Section F - Deliveries or Performance Clause List

3.2.2.8-3 DELIVERY OF EXCESS QUANTITIES (APR 1996)

3.10.1-9 STOP-WORK ORDER (APR 2025)

3.10.1-9 STOP-WORK ORDER (APR 2025) - ALTERNATE I (APR 2025)

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.

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 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be set forth on individual Delivery Orders. Each invoice must identify the period of performance covered by that invoice.

G.2 FAA CONTRACTING OFFICER'S (CO) AUTHORITY

Among the FAA personnel the contractor may interact with during the performance of this contract, only the individual holding the title of Contracting Officer (CO) for the Federal Aviation Administration (FAA) is authorized to make any changes to the contract, including those affecting cost, performance, or schedule. Any changes discussed with other personnel are not binding. Failure to obtain approval from the CO before deviating from the contract terms and conditions, or incurring costs based on discussions with other personnel, could result in default, necessitate rework at the contractor's expense, result in the loss of the contractor's right to adjustment, or lead to the FAA's inability to provide timely payment, or any payment at all, for unauthorized changes. If the designated CO is unavailable, approval from another CO, warranted by the FAA and acting within their delegated authority, is required to bind the agency to any contractual changes.

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.

AC2604 INCREMENTAL FUNDING (JAN 1997)

(a) The Government reserves the right to incrementally fund this contract on a periodic basis to promote efficiency in the utilization of fiscal allotments through the routine budget process or the use of interim funding measures such as under congressional ""continuing resolution"" procedures.

(b) Delivery orders will be periodically issued to provide a not-to-exceed amount of funds. Such amount will be sufficient to cover contract performance for the period specified in the order, plus an estimated cost for terminating the contract should additional funds not be available to continue performance under the contract.

(c) This clause becomes inoperative when the contract period is fully funded.

AC4529 WARRANTY - COMMERCIAL PRODUCTS AND SERVICES (JUN 2006)

The contractor’s standard commercial warranty shall be deemed to be a part of this contract unless otherwise specified. If the contractor does not have a standard warranty, the warranty provisions of UCC Article 2 shall apply.

AC4550 DELIVERIES TO THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (JUL

2015)

(a) Security procedures at the MMAC require that all mail, materials, packages or parcels of any kind be delivered to a central screening point, for inspection by the FAA. This affects mail and other deliveries destined for all organizations located on MMAC property, including government organizations, contractors and permit holders.

After passing security inspection, the mail or material may be handled and delivered by the FAA. FAA will make every reasonable effort to conduct inspections and handle items in a careful manner so as to avoid damage or delay.

(b) This inspection is for the benefit of the FAA only. The FAA makes no representation that any material passing inspection is without hazard, poses no threat, or that it conforms in form, fit, function or quantity to the expectations of the intended recipient.

(c) The FAA shall not be liable for any 1) loss, damage or shortage of any mail or materials, 2) injury, or 3) delay in performance resulting from such inspection and handling, unless liable under the Federal Tort Claims Act (28 U.S.C. 2671-2680).

(d) Any item destined for the contractor that fails to pass inspection remains the property of the contractor, who is responsible for its disposition and coordination with law enforcement agencies as necessary.

Section H - Special Contract Requirements Clause List

H.1 LAW GOVERNING CONTRACT

The provisions of this contract shall be governed by and construed in accordance with the laws of the United States of America.

H.2 OVER AND ABOVE (O&A) TASKS AND PROCEDURES

This acquisition may require additional services that are not explicitly described or priced within the contract but are necessary to successfully complete the simulator in alignment with the mission requirements outlined in this contract. These efforts are considered Over and Above (O&A) work and fall within the general scope of the contract, though they are outside the specifically defined baseline requirements.

If such an effort arises, the Contracting Officer will formally request a proposal from the Contractor. All O&A work must be mutually agreed upon and formally incorporated into the contract through a bilateral modification or the issuance of a new task order.

Initial authorization to proceed with O&A tasks may be provided via letter from the Contracting Officer; however, such authorizations must be subsequently formalized through contract modification or delivery order issuance in order to be binding.

H.3 PROCEDURES FOR ORDERING ENGINEERING SERVICES

1. Vendor will provide engineering services when necessary for system technical support not explicitly covered by the contract or attachments thereto. All Engineering Services must be accompanied with a written Statement of Objectives (SOO) provided by the FAA. SOO must clearly describe the following:

• Task order number if using current obligated funding •Allocable CLIN number •Purpose of the task •Scope of task

• Desired period of performance or schedule

• Place of performance

• Performance objectives (i.e., required results)

• Any performance or access constraints

• Requirements of data deliverables/reports

Contractor must not accept verbal statements or descriptions from any other parties in lieu of receiving a written SOO for Engineering Services needed unless verbal authorization comes directly form the CO.

2. Upon receipt of the FAA’s written SOO, contractor will propose remedy of stated objectives with the following minimum information required:

• Proposed labor skills

• Proposed labor hours

• Proposed materials or software

• Proposed completion schedule with key milestones

• Proposed travel estimate

• Total estimated cost to FAA

3. Contractor may work with COR or other designated FAA POC during the SOO requirement development and discuss questions or concerns regarding the Contractor’s written response; however, only the Contracting Officer (CO) may authorize start of work.

4. Contractor must stop work, notify the CO, and await further direction at any point of realization that the established ceiling, or obligated funds, whichever occurs sooner, are insufficient to complete the approved objectives.

5. Upon completion of task, Contractor will submit all reporting requirements identified in the statement of objectives to the COR prior to invoicing.

H.4 PROCEDURES FOR CORRECTIVE REPAIRS NOT COVERED BY WARRANTY

1. If warranty-covered diagnosis of system outage or anomaly reveals damage to the system caused by Government end-users, the contractor will provide corrective repair services at the FAA’s discretion.

2. Upon diagnosis the outage or anomaly is not covered by warranty:

a. Contractor may proceed to conduct corrective repairs without additional authorization if remedy can be achieved by full-time onsite personal, can be completed during normal hours, and spares and materials needed for repair are on hand. In this scenario, no additional approval is needed. This scenario is fully covered by full-time recurring labor and spares/materials on hand and requires no additional cost to the FAA.

b. Contractor may proceed to conduct corrective repairs without additional authorization if remedy cannot be achieved by full-time onsite personal, cannot be completed during normal hours, or spares and materials must be ordered and delivered to MMAC so long as sufficient funding is obligated to the task order and repair activates needed do not exceed $10,000, or the established contract ceiling, whichever is lesser.

c. Contractor may proceed to conduct the corrective repairs only with additional authorization from the CO if remedy is not anticipated to meet the criteria of paragraphs 'a.' or 'b.' above.

4. A SOO similarly described in H.3 above must be used if non-warranty repairs exceed a total value of $10,000.00.

Contractor may work with COR during the SOO development and discuss questions or concerns with the COR;

however, only the Contracting Officer (CO) may authorize corrective maintenance services.

5. Contractor must adhere to system availability requirements stated in the SOW and should manage corrective maintenance risks for labor and materials accordingly.

H.5 CONTRACTOR EMPLOYEE ACCESS

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII

Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Federal Aviation Administration (FAA);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the FAA;

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted Department of Transportation information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources may be required at the discretion of the CO to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(g) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the Contracting Officer’s Representative (COR) will arrange, and complete any nondisclosure agreement furnished by the FAA.

(h) The Contractor shall have access only to those areas of FAA information technology resources explicitly stated in this contract or approved by the COR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COR, is strictly prohibited. In the event of violation of this provision, the FAA will take appropriate actions with regard to the contract and the individual(s) involved.

H.6 ADVERTISEMENTS, PUBLICIZING AWARDS, AND RELEASES

The Contractor must not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

All advertisements, releases, announcements, or other publication regarding this contract or the agency programs and projects covered under it, or the results or conclusions made pursuant to performance, must be approved by the Contracting Officer. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity, release, or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer.

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)

3.8.2-17 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:

(1) Lead Program Manager (2) Lead Site Prep/Removal Manager

(3) Lead Production Manager (4) Lead Installation Manager

(5) Post-Installation Onsite Maintenance Lead (6) All Full-Time Equivalent Contractor Personnel at MMAC

(7) All Temporary or Ad-hoc Contractor Personnel Visiting MMAC (8) Lead Business POC (a person with the authority to bind the company)

(List key personnel and/or facilities)

(End of clause)

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

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

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

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

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

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

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

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

(End of clause)

AC3402 FAA FACILITY REGULATIONS FOR MMAC CONTRACTORS (MAY 2019)

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

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

FAA ORDERS/DIRECTIVES

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

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

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

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

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

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

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

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

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

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

AC4555 NOTICE OF CONTRACTOR TESTIMONY (SEP 2006)

(a) The contractor shall notify the Contracting Officer promptly in writing of its intention, or the intention of its employees, subcontractors of any tier, or subcontractor employees, either voluntarily or under compulsion of competent authority, to provide sworn testimony on any matter related to or arising under the work required by and/or performed under, this contract. Such written notification at a minimum shall consist of the date and time of the testimony, identification of the court, board, or other body before which the testimony is made, the nature of the testimony to be given to the extent it is known at the time of this report, the nature of the contractor’s involvement in the proceeding and any other circumstances related to the work performed under or related to the contract and the proceeding in which the testimony will be taken.

(b) The contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts executed under this contract and shall require all subcontractors to provide the required report to the contractor.

AC4556 PERSONNEL AND SUPERVISION (JUL 2015)

The contractor shall designate sufficient supervisory personnel to meet task outcomes. Contract supervisors will provide day-to-day supervision of contract personnel including, but not limited to, work monitoring, payroll records, leave, etc. At no time will FAA personnel assume any responsibility for the supervision of contractor personnel.

Government assistance will be available to provide technical and policy guidance through the assigned Contracting Officer’s Representative (COR).

AC4557 STRIKES OR PICKETING

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

Section I - Contract Clauses Clause List

3.1-1 CLAUSES AND PROVISIONS…