SIR 6973GH-18-R-00002.pdf
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Section A - Solicitation/Contract Form
Clauses
Section B - Supplies or Services/Prices
Section B - Schedule
See Section J Attachment 1 for the Schedule B Contract Line Items/Pricing applicable to this instrument.
Clause List
The remainder of this page has been intentionally left blank.
Section C - Description/Specifications
Scope of Work
C.1 SCOPE OF WORK
The Contractor shall furnish all contract oversight and management including supervisory and technically trained personnel, uniforms, equipment, materials, and supplies necessary to provide commercial moving and installation services for the MMAC. The contractor may utilize industry standard and resources as appropriate and necessary to accomplish the work as stated. All services shall be in accordance with the terms, conditions, and provisions set forth herein.
C.2 DEFINITIONS
(a) Working Supervisor: Responsible for assigning work to employees and overseeing work. Ensures that all property is boxed, crated, loaded, and protected in a manner suitable for the type and complexity of the move.
Working supervisor also performs laborer duties.
(b) Furniture Installer: Must have the required experience in the disassembly and reassembly of all commercial types of furniture used by the FAA.
(c) Laborer: Performs tasks, which require mainly physical abilities and effort. The following tasks to be performed under any contract resulting from this Screening Information Request (SIR) are typical of this classification: Loads and unloads trucks and other conveyances, moves supplies and materials to proper location with forklifts, hand trucks or dollies, crating/boxing materials for movement, stacks materials, collects refuse and salvageable material.
(c) Truck Driver: Responsible for driving the truck, overseeing the loading/unloading of the truck, and performing laborer duties. When no driving is involved, duties consist of laborer duties. Contractor shall be responsible for assuring truck driver has proper license(s).
(d) Vehicles:
(1) Medium Truck - Straight truck 1 to 4 tons inclusive, usually 6 wheels
(2) Heavy Truck - over 4 tons, usually 10 wheels
C.3 CONTRACTOR PROPOSED LABOR RATES Due to the limitations of the FAA Archibus database used for cost accounting, proposed hourly labor rates must be equally divisible by four (4); i.e., $16.80/4=$4.20 or $20.20/4=$5.05.
C.4 ELEMENTS FOR DETERMINING CHARGES
Due to the limitations of the FAA Archibus database used for cost accounting, proposed hourly labor rates must be equally divisible by four (4); i.e., $16.80/4=$4.20 or $20.20/4=$5.05.
(a) Travel time will not be allowed for movement of personnel or equipment between the contractor’s facility and the job site.
(b) Time charges will include only actual time spent on the job computed to the nearest quarter of an hour. The contractor shall maintain a sign-in/sign-out log, by job classification, of each employee working on a particular relocation (e.g., Truck Driver, Laborer, Working Supervisor). The log shall contain, at a minimum, the name, job classification, sign-in time and sign-out time of each employee. The working supervisor shall be responsible for verifying the accuracy of the sign-in/sign-out log. This log shall be delivered to the COR on a daily basis no later than 8:00 a.m. the following business day.
(c) In rare instances, overtime will be required (at the discretion of the COR) and will be charged as indicated in the attached price schedule.
(d) Vehicles will be charged for the actual hourly increment of time, to the nearest quarter hour, that they are utilized.
(e) No additional charges shall be allowed for contractor-caused delay or for time lost due to mechanical failure of the contractor’s equipment.
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
NOT APPLICABLE
Section E - Inspection and Acceptance
Clause List
E.1 INSPECTION AND ACCEPTANCE AT DESTINATION
(a) Inspection and acceptance of services will be at destination (i.e., Mike Monroney Aeronautical Center, Mike Monroney Aeronautical Center, Oklahoma City, OK).
(b) A Contracting Officer’s Representative (COR) will be designated for the specific purpose of exercising general surveillance over the contract operation including contractor performance.
(c) The MMAC Space Manager or a designee will accomplish inspections of furniture installations requiring a final inspection. The contractor will correct deficiencies at no additional cost to the government.
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
http://conwrite.faa.gov.
(End of clause)
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)
AC1908 INSPECTION AND ACCEPTANCE AT DESTINATION (JUN 2015)
(a) Final inspection and acceptance shall be at destination.
(b) Although source inspection by the Government is not anticipated under this contract, the provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled 3.10.4-5
INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (APRIL 1996).
Section F - Deliveries or Performance
Clause List
F.1 PERFORMANCE SCHEDULE
Request for services will be on an on-call basis after receipt of delivery order(s) and upon written authorization by the COR no later than the close of business workday (6:00 p.m.). At the time services are requested, the contractor will receive the job task assignments for the following day(s). The contractor shall begin performance at the time specified by the COR (usually no earlier than 6:00 a.m. the next business day). Concurrent accomplishment of more than one job at a time may be required.
F.2 WORKING HOURS
Work at the site is normally accomplished between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday,excluding federally established holidays. On rare occasions, work may be performed after normal duty hours to include weekends (requires COR approval).
F.3 PLACE OF PERFORMANCE
(a) The principal place of performance shall be the Mike Monroney Aeronautical Center (MMAC), 6500 South MacArthur Boulevard, Oklahoma City, Oklahoma.
(b) Excess property will be delivered and unloaded at the Thomas Road Warehouse, located at 3601 Thomas Road, Oklahoma City, Oklahoma. Upon request by the COR, there may be a requirement to pick up items at Thomas Road Warehouse for delivery back to MMAC.
(c) In addition to the excess property to be picked up at the MMAC, there may be a requirement to pick up excess property or other FAA-owned property from other off-site FAA-leased facilities generally within 10 miles of the
MMAC.
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
http://conwrite.faa.gov.
(End of clause)
3.10.1-9 STOP-WORK ORDER (OCT 1996)
3.10.1-24 NOTICE OF DELAY (MAR 2009)
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.
AC1604 CONTRACT PERIOD (JUN 2015)
The effective period of this contract is 1 year from April 1st, 2018 through March 31st, 2019. The Contract may be extended by options issued hereunder..
Section G - Contract Administration Data
Clause List
G.1 OPERATING/ORDERING PROCEDURES
Delivery/task order(s) will be issued hereunder for the funding of the contract only. Each delivery order will specify the time period for which it will cover. It will authorize the contractor to proceed with contract performance, as ordered by the COR, to the extent the total price does not exceed the dollar amount authorized by the delivery/task order. In no event will the cost of the contractor’s performance under the contract exceed the dollar amount authorized by the delivery/task order(s).
G.2 SUBMISSION OF DAILY TIME SHEETS
The Contractor shall ensure daily work requests and completed time sheets for all crew members are provided to the FAA COR for entry into the FAA’s Archibus database by 6:00 p.m. each business day. The contractor must certify time sheets showing each tasks start and ending work times and the daily total of productive hours charged to the contract. It is the responsibility of the Contractor to maintain a copy for verification or auditing purposes.
G.3 IDENTIFICATION/DELIVERY OF GOVERNMENT MATERIALS, EQUIPMENT AND
SERVICES
After award of contract the Government-owned property listed below will be furnished to the contractor for use in the performance of this contract.
Description Model Procurement Value
Forklift ERC030A $1,000.00
Electric scooter Cushman 898322-8510 $250.00
Dell Latitude Laptop Barcode #80040744696100092978 $1,000.00
Flat bed trailer PB-T1-30 $500.00
Shop vacuum cleaner Contractor $100.00
Pallet jack M-55 $100.00
Pallet racks $40,000.00 Steam Cleaner EDI-2734JX-EH-TC $1,869.58 Laser Light Level 57-LM30PKG $349.00 Laser Level Square 77-188 $39.96
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
http://conwrite.faa.gov.
(End of clause)
3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)
AC0116 OPTION TO EXTEND SERVICES (JUN 2015)
The Government may unilaterally exercise its option to extend the term of the contract for performance of specified services pursuant to Section I, AMS Clause 3.2.4-34, Option to Extend Services , by written notice to the contractor not later than the expiration date of the current contract period.
AC0135 INVOICING PROCEDURES - GENERAL (JAN 2017)
(a) In addition to the requirements set forth at AMS Clause 3.3.1-17, Prompt Payment, for the submission of a proper invoice, the contractor shall submit a separate invoice for (1) each month of performance of services, or (2) those items of supplies furnished, as follows:
(1) The original to: 9-AMC-AMZ-FAA-APInvoices@faa.gov (Preferred) or mail to:
DOT/FAA AMK-311/314
P.O. Box 25710
Oklahoma City, OK 73169-0710
(2) One Copy to brandon.hillyer@faa.gov or:
FAA, Mike Monroney Aeronautical Center
Office of Acquisition Services (AAQ-811)
P.O. Box 25082
Oklahoma City, OK 73l25
(3) One Copy to larry.manous@faa.gov or:
FAA, Mike Monroney Aeronautical Center
Larry Manous AMP-400
P.O. Box 25082
Oklahoma City, OK 73l25
(b) Each invoice shall highlight the following information:
(1) Contract number and applicable Delivery Order number.
(2) Noun description of services and/or supplies, including applicable line item number(s) and quantity(s) that were provided.
(3) Extended totals for invoiced quantities.
(c) All contractors invoicing services to the FAA in labor hours shall maintain on file, and submit when required for verification or audit, certified time logs showing a daily start and ending work times, the daily total of productive hours charged to the contract, a daily entry for any non-productive work-hours and cumulative totals for each pay 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.
AC4546 WAIVER OF WITHHOLDING (JUL 2015)
Funds shall not be withheld from contract payments as described in subparagraph (a)(2) of AMS clause 3.3.1-5 'Payments Under Time-and-Material and Labor-Hour Contracts.'
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 DELIVERY/TASK ORDER PROCESSING
Notwithstanding the requirements of clause 3.2.4-20, I, as referenced in Part II, Section I, delivery/task order(s) issued hereunder by the Contracting Officer will be for funding of the contract only. Each delivery/task order will specify the time period for which it will cover. The delivery/task order (s) will authorize the contractor to commence with contract performance upon receipt of written notification by the COR, to the extent the total price does not exceed the dollar amount authorized by the delivery/task order(s). In no event will cost of the contractor’s performance under the contract exceed the dollar amount authorized by the delivery/task order(s).
H.2 INTERFERENCE WITH OCCUPANTS
The contractor shall work in such a manner and at such times as will minimize interference with occupants of the premises and their normal activities thereon.
H.3 FAA FACILITY REGULATIONS
Contractor personnel, including employees of subcontractors, suppliers, etc., working or visiting an FAA facility, shall abide by all appropriate traffic, parking, security, and airport regulations in effect at that facility.
H.4 RELATIONSHIP BETWEEN FAA, CONTRACTOR AND CONTRACTOR EMPLOYEES
(a) The FAA and the contractor understand and agree that the services to be delivered under this contract by the contractor to the FAA are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationship exists or will exist between the FAA and the contractor and/or between the FAA and the contractor’s employees. The contractor personnel shall be responsible solely to the contractor, which in turn, shall be responsible to the FAA.
(b) The FAA shall not exercise any supervision or control over contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a federal officer, either military or civilian, in connection with performance of work under this contract. Likewise, contractor personnel shall not be placed in positions of command, supervision, administration, or control of federal officers, or personnel of other prime contractors, or become an integrated part of the FAA organization in connection with performance of work under this contract.
(c) The contractor shall be responsible for selecting personnel who are qualified to perform the required services or supervision necessary for work and for keeping them informed of all improvements, changes, and methods of operation.
(d) Rules, regulations, directives, and requirements issued during the contract term by appropriate governmental authority shall be applicable to all contractor personnel or representatives who enter the Aeronautical Center. This requirement shall not be construed or interpreted to establish any degree of government control which is inconsistent with a non-personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to assure that their presence on the Aeronautical Center does not violate these requirements.
(e) The services to be performed under this contract shall not require the contractor or employees to exercise personal judgment and discretion on behalf of the FAA.
(f) The contractor and its personnel shall not be considered employees of the federal government and shall not be eligible, by virtue of performance of work under this contract, for payment by the FAA of entitlements and benefits accorded federal employees.
(g) The entire consideration to the contractor for performance of this contract is contained in the provisions for payment set forth in this contract.
H.5 OVER AND ABOVE WORK PROVISIONS (CLINs 0005, 1005, 2005, 3005 AND 4005)
(a) Written authorization to proceed on items set forth in Section B, CLINs 0005, 1005, 2005, 3005 and 4005 must be received from the Contracting Officer (CO) before performance. This authorization to proceed will be provided by Delivery/Task Orders issued by the CO.
(b) The Contractor will submit a proposal for necessary over and above work items and submit them to the CO.
Negotiations will be completed prior to commencement of work. All effort approved as a result of negotiations will be accommodated by an order against the contract.
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
http://conwrite.faa.gov.
(End of clause)
3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2013)
(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.
Contractors may use the following means of electronic signature technology digital signature..
(End of Clause)
AC0090 ENVIRONMENTAL, SAFETY AND HEALTH (JULY 2016)
(a) The Contractor shall ensure that no person employed on this contract works in surroundings or under conditions that are unsanitary, hazardous, or dangerous to their health or safety. The contractor shall also ensure that all employees receive appropriate and required training for safety, health, environmental, and equipment operations. In fulfilling these requirements, the Contractor shall comply with:
(1) Applicable Federal, State, and local environmental and safety requirements. This includes, but is not limited to, requirements contained in the U.S. Code of Federal Regulations (e.g. 29 CFR, 40 CFR, and 42 CFR) and/or requirements issued by the Oklahoma Department of Environmental Quality and the Oklahoma Corporation Commission.
(2) Supplemental Federal and FAA environmental, safety and health requirements contained in Executive Orders, FAA, and Mike Monroney Aeronautical Center (MMAC) Environmental, Safety and Health Orders, or elsewhere in the contract. Other standards used by the FAA include those sponsored by the National Fire Protection Association (NFPA), the American National Standards Institute (ANSI), the American Society of Testing and Materials (ASTM), etc. This list of standards or laws is not inclusive.
(3) The MMAC Environmental, Occupational Safety and Health Policy states:
-The FAA Mike Monroney Aeronautical Center is fully committed to excellence and leadership in protecting the environment, and the health and safety of our employees and neighbors. It is our policy to ensure that employees, contractors, students, and visitors are provided with workplaces that are free from recognized hazards that may cause death, illness, or injury. Additionally, we will accomplish our mission in a manner that will minimize environmental consequences. All organizations at the Aeronautical Center are responsible to ensure that environmental, safety, and health considerations are integrated into their daily activities and operations. In keeping with this commitment, we will implement, maintain, and continually improve our environmental, safety, and health performance by utilizing a comprehensive Environmental, Occupational Safety and Health Management System which:
-Ensures compliance with all applicable environmental, occupational safety, and health requirements
-Establishes environmental, occupational safety and health metrics
-Prevents injury and illness
-Minimizes pollution and waste; conserves natural resources and improves energy efficiency
-Identifies hazards, assesses risks, and implements controls
Aeronautical Center personnel demonstrate their commitment to this policy by providing products and services in a manner that demonstrates our good stewardship of the environment, and in a manner that ensures a safe and healthy work environment for employees, contractors, students, and visitors.
(4) The environmental requirements of the MMAC Environmental, Occupational Safety and Health Management System (EOSHMS) are modeled after the specifications found in the International Standard for Environmental Management, ISO 14001: 2004. The health and safety requirements of the MMAC Environmental, Occupational Safety and Health System (EOSHMS) are modeled after the specifications found in the Occupational Health and Safety Assessment Series, BS OHSAS 18001: 2007. The MMAC EOSHMS requires that all contractors that provide goods and services that can affect MMAC's environmental, occupational safety and health programs shall, prior to start of performance of work under this contract:
(i) Ensure that all employees supporting the contract work activities are:
-Aware of the MMAC Environmental, Occupational Safety and Health Policy as set forth in paragraph (a)(3) above;
-Aware of and conform with the Operational Control documents referenced as attachments in Section J of this solicitation/contract;
-Competent to perform assigned job functions and maintain appropriate records of training or equivalent experience as identified in the above referenced Operational Control documents. Such records shall be made available to the CO or COR upon request.
(ii) Ensure that employees requiring unescorted access to the site have received the MMAC Environmental, Occupational Safety and Health Management System (EOSHMS) General Awareness Briefing, eLMS course # FAA30050017. This training is available on-line at:
https://ksn2.faa.gov/arc/amc/amp/amppublic/SitePages/Training%20-%20Mandatory%20Training.aspx .
(iii) Complete and sign the 'Certification of Contractor Conformance to the MMAC EOSHMS' included in Section K of this solicitation/contract. Contractor's signature of this certification certifies that the contractor has verified that all MMAC EOSHMS requirements have been or will be met and that work performed hereunder shall be in conformance with the MMAC EOSHMS. Submission of this certification is a prerequisite for contract award.
(b) If the Contractor works more than 1000 employee-hours in one quarter on the MMAC Campus, the Contractor shall prepare and submit an annual report of injury and illness information regarding this workforce as specified in 29 CFR 1904. The report shall be submitted to the Contracting Officer not later than November 30 of each year and contain the following information (Note: the following references to fiscal year refer to the Governmental fiscal year, October 1 through September 30):
(1) The number of employee-hours worked during the preceding fiscal year;
(2) The number of OSHA recordable cases (defined as mishaps that result in fatalities, lost workdays, medical treatment, restricted workdays or a loss of consciousness) that occurred during the preceding fiscal year;
(3) The number of cases which resulted in days away and/or restricted/transferred duty that occurred during the preceding fiscal year.
(c) If there are conflicts between any of the requirements referenced in this contract, the more stringent requirement will prevail.
(d) If the Contractor fails or refuses to promptly comply with any environmental, safety or health requirements stated in this Clause, the Contracting Officer's Representative (COR) will notify the Contractor of any such noncompliance and the Contractor shall take immediate corrective action. Such notice, whether oral or written, when served on the Contractor or any of its employees at the site of the work, shall be deemed sufficient. All oral notices will be followed up with a written notice to the Contractor. If the Contractor fails or refuses to promptly correct the condition, the COR may stop all or any portion of the work. When satisfactory corrective action has been taken, the contractor shall request permission to resume work from the COR. No time extension or additional costs, resulting from the directive to stop work shall be allowed. Failure of the COR to provide notice of noncompliance or to stop work shall not relieve the Contractor of its responsibility for the safe performance of the work.
(e) The Contractor shall require contract personnel to wear personal protective equipment when it is necessary because of the hazards on the job and in most instances will provide the equipment and corresponding training, except that which has been specified to be furnished by FAA. All personal protective equipment worn by contractors shall comply with applicable industry standards.
(f) Contractors shall include a clause in all subcontracts to require subcontractors to comply with this clause.
AC1051 CONTRACT SHUTDOWN PROCEDURES PENDING APPROPRIATIONS FOR NEW FISCAL
YEAR (JAN 1997)
(a) In the event no continuing resolution or permanent appropriation is in place at the outset of the new fiscal year (FY), contractor employees are expected to report for their assigned duties the first workday of that new FY. Absent an appropriation, contract services that are determined by the Government to be non-essential will be shutdown as soon as practical. To implement the shutdown, the Contracting Officer may require the contractor to stop all, or any part, of the work called for under the contract pursuant to AMS clause 3.10.1-9, Stop-Work Order. (b) This clause does not limit the Government's rights provided by AMS 3.10.6-4, Default, or AMS 3.10.6-1, Termination for Convenience of the Government, clause of the contract.
AC3402 FAA FACILITY REGULATIONS FOR MMAC CONTRACTORS (APR 2016)
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 http://www.faa.gov/documentLibrary/media/Order/ND/1600.72A.pdf
Accountability Board FAA Order 1110.125A http://www.faa.gov/documentLibrary/media/Order/1110.125A.pdf
Smoking Restrictions in FAA Controlled or Occupied Space FAA Order 3900.47 http://www.faa.gov/documentLibrary/media/Order/3900.47.pdf
FAA Occupational Safety & Health Program FAA Order 3900.19B http://www.faa.gov/documentLibrary/media/Order/3900.19B.pdf
Airfield Driver Training for FAA Employees FAA Order 5200.7A http://www.faa.gov/documentLibrary/media/Order/5200.7A.pdf
Internet Use Policy FAA Order 1370.79A http://www.faa.gov/documentLibrary/media/Order/FAA_Order_1370.79A.pdf
Electronic Mail FAA Order 1370.81A https://employees.faa.gov/documentLibrary/media/Order/1370.81A.pdf
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 INCORPORATED BY REFERENCE (JUL 2011)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
http://conwrite.faa.gov.
(End of clause)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)
3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (MAR 2009)
3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)
3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(OCT 2015)
3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2011)
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.4-5 ALLOWABLE COST AND PAYMENT (JAN 2017)
3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)
3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.3.1-5 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (MAY 2001)
3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (MAY 1997)
3.3.1-16 PROHIBITION OF ASSIGNMENT OF CLAIMS (APR 1996)
3.3.1-17 PROMPT PAYMENT (JAN 2017)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT
2012)
3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT
(AUG 2012)
3.3.1-39 FUNDING - TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (JAN 2015)
3.3.2-1 FAA COST PRINCIPLES (JAN 2016)
3.4.1-11 INSURANCE - LIABILITY TO THIRD PERSONS (JUNE 1999)
3.4.1-12 INSURANCE (JUL 1996)
3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT 1996)
3.5-1 AUTHORIZATION AND CONSENT (JAN 2009)
3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JAN
2009)
3.5-3 PATENT INDEMNITY (APR 2017)
3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2010)
3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED, AND
SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS CONCERNS (MAR 2009)
3.6.1-4 SMALL, SMALL DISADVANTAGED, WOMEN-OWNED AND SERVICE-DISABLED VETERAN
OWNED SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2017)
3.6.1-7 LIMITATIONS ON SUBCONTRACTING (APR 2016)
3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (OCT 2016)
3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATION
(JAN 2012)
3.6.2-2 CONVICT LABOR (APR 1996)
3.6.2-9 EQUAL OPPORTUNITY (AUG 1998)
3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (JAN 2011)
3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)
3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1996)
3.6.2-28 SERVICE CONTRACT ACT OF 1965, AS AMENDED (APR 2017)
3.6.2-30 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT
(MULTIPLE YEAR AND OPTION CONTRACTS) (OCT 2014)
3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (AUG 1998)
3.6.2-39 TRAFFICKING IN PERSONS (OCT 2015)
3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (JAN 2012)
3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (OCT 2016)
3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)
3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.8.2-9 SITE VISIT (APR 1996)
3.8.2-10 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR
1996)
3.8.2-11 CONTINUITY OF SERVICES (OCT 2008)
3.9.1-1 CONTRACT DISPUTES (OCT 2011)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-3 PENALTIES FOR UNALLOWABLE COSTS (OCT 1996)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-13 CHANGES - COST-REIMBURSEMENT (APR 1996)
3.10.1-14 CHANGES - TIME AND MATERIALS OR LABOR HOURS (APR 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.2-3 SUBCONTRACTS (TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS) (APR 1996)
3.10.3-1 DEFINITIONS (APR 2012)
3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2012)
3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (OCT 2014)
3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (OCT 2014) - ALTERNATE II (OCT 2014)
3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)
3.13-11 PLAIN LANGUAGE (JUL 2006)
3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)
3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(OCT 2012)
3.14-3 FOREIGN NATIONALS AS CONTRACTOR EMPLOYEES (OCT 2017)
3.14-5 SENSITIVE UNCLASSIFIED INFORMATION (SUI) (JUL 2013)
3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS (JUL 2009)
(a) The policy of the FAA is to avoid doing business with contractors, subcontractors, and consultants who have a conflict of interest or an appearance of a conflict of interest. The purpose of this policy is to maintain the highest level of integrity within its workforce and to ensure that the award of procurement contracts is based upon fairness and merit.
(b) The contractor must provide to the Contracting Officer the following information with its proposal and must provide an information update within 30 days of the award of a contract, any subcontract, or any consultant agreement, or within 30 days of the retention of a Subject Individual or former FAA employee subject to this clause:
(1) The names of all Subject Individuals who:
(i) participated in preparation of proposals for award; or
(ii) are planned to be used during performance; or
(iii) are used during performance; and
(2) The names of all former FAA employees, retained by the contractor who were employed by FAA during the two year period immediately prior to the date of:
(i) the award; or
(ii) their retention by the contractor; and
(3) The date on which the initial expression of interest in a future financial arrangement was discussed with the contractor by any former FAA employee whose name is required to be provided by the contractor pursuant to subparagraph (2); and
(4) The location where any Subject Individual or former FAA employee whose name is required to be provided by the contractor pursuant to subparagraphs (1) and (2), are expected to be assigned.
(c) "Subject Individual" means a current FAA employee's father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, spouse of an in-law, or a member of his/her household.
(d) The contractor must incorporate this clause into all subcontracts or consultant agreements awarded under this contract and must further require that each such subcontractor or consultant incorporate this clause into all subcontracts or consultant agreements at any tier awarded under this contract unless the Contracting Officer determines otherwise.
(e) The information as it is submitted, must be certified as being true and correct. If there is no such information, the certification must so state.
(f) Remedies for nondisclosure: The following are possible remedies available to the FAA should a contractor misrepresent or refuse to disclose or misrepresent any information required by this clause:
(1) Termination of the contract.
(2) Exclusion from subsequent FAA contracts.
(3) Other remedial action as may be permitted or provided by law or regulation or policy or by the terms of the contract.
(g) Annual Certification. The contractor must provide annually, based on the anniversary date of contract award, the following certification in writing to the Contracting Officer:
ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS
The contractor represents and certifies that to the best of its knowledge and belief that during the prior 12 month period:
[ ] A former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement and complete disclosure has been made in accordance with subparagraph (b) of AMS Clause 3.1.7-6.
[ ] No former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement, and disclosure required by AMS Clause 3.1.7-6 is not applicable.
Authorized Representative
Company Name
Date
(End of clause)
3.2.2.7-1 QUALIFICATION REQUIREMENTS (MAR 2009)
(a) Definition: 'Qualification requirement,' as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.
(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.
(Agency Name and Contact) (Address)
(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.
Offeror's Name ___________________________________________ Manufacturer's Name ___________________________________________ Source's Name ___________________________________________ Item Name ___________________________________________ Service Identification ___________________________________________ Test Number ___________________________________________ (to the extent known) ___________________________________________
(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract.
This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.
(e) If an offeror, manufacturer, source, product, or service has met the qualification requirement but is not yet on a qualified products list or qualified vendors list, the offeror shall submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.
(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.
(End of clause)
3.2.4-16 ORDERING (OCT 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract. Such orders may be issued from the beginning of the effective period of the contract through the end of the effective period of the contract. .
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or…
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