6973GH-18-R-00097 (FAACO).FAACO
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- Attached to
- Flight Program Aircraft Management System (FPAMS) Federal contract opportunity
- Solicitation number
- 6973GH-18-R-00097
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6973GH-18-R-00097 (FAACO) (pdf)
Text of this file
SOLICITATION, OFFER AND AWARD
3. SOLICITATION TYPE1. CONTRACT NO. 2. SOLICITATION NUMBER
6. ISSUED BY CODE 7. ADDRESS OFFER TO (If other than Item 6)
5. REQUISITION/PURCHASE NUMBER
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"
NEGOTIATED BID (RFP)
SEALED BID (IFB)
4. DATE ISSUED
PAGE OF PAGES
1 65
C. E-MAIL ADDRESS
EXT.NUMBERAREA CODE
B. TELEPHONE (NO COLLECT CALLS)A. NAME
9. FOR
INFORMATION
CALL
CAUTION: LATE Submissions, Modifications and Withdrawals. All offers are subject to all terms and conditions contained in this solicitation.
(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the
SOLICITATION
8. Sealed offers in original and
PART IV - REPRESENTATIONS AND INSTRUCTIONS
OTHER STATEMENTS OF OFFERORS
EVALUATION FACTORS FOR AWARD
INSTR., CONDS., AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND
LIST OF ATTACHMENTS
CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
I
J
K
L
M SPECIAL CONTRACT REQUIREMENTS
CONTRACT ADMINISTRATION DATA
DELIVERIES OR PERFORMANCE
INSPECTION AND ACCEPTANCE
PACKAGING AND MARKING
DESCRIPTION/SPECS./WORK STATEMENT
SUPPLIES OR SERVICES AND PRICE/COST
SOLICITATION/CONTRACT FORM
PART II - CONTRACT CLAUSESPART I - THE SCHEDULE
H
G
F
E
D
C
B
A
SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)
10. TABLE OF CONTENTS
17. OFFER DATE16. SIGNATURE
SUCH ADDRESS IN SCHEDULE.
IS DIFFERENT FROM ABOVE - ENTER
14C. CHECK IF REMITTANCE ADDRESS
EXT.NUMBERAREA CODE
14B. TELEPHONE NUMBER
(Type or print)AND
ADDRESS
OF
OFFEROR
CODE FACILITY
15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER14A. NAME
DATEAMENDMENT NO.DATEAMENDMENT NO.
and related documents numbered and dated):
amendments to the SOLICITATION for offerors
(The offeror acknowledges receipt of
13. ACKNOWLEDGEMENT OF AMENDMENTS
CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT PAYMENT the designated point(s), within the time specified in the schedule.
by the offeror) from the date for receipt of offers specified above , to furnish any or all items upon which prices are offered at the price set opposite each item , delivered at
11. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted
NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period .
OFFER (Must be fully completed by offeror)
IMPORTANT - Award will be made on this Form, or by other authorized official written notice.
27. AWARD DATE
(Signature of Contracting Officer)
26. CONTRACT AUTHORITY
24. PAYMENT WILL BE MADE BY
25. NAME OF CONTRACTING OFFICER (Type or print)
CODE 23. ADMINISTERED BY (If other than Item 6)
ITEM
(4 copies unless otherwise specified)
22. SUBMIT INVOICES TO ADDRESS SHOWN IN21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
20. ACCOUNTING AND APPROPRIATION19. AMOUNT18. ACCEPTED AS TO ITEMS NUMBERED
AWARD (To be completed by CONTRACT AUTHORITY)
CODE
AC-18-0006009/19/2018
X
AAQ0722-AFN
AAQ-722 DIVERSIFIED FRANCHISE ACQ
FAA AERONAUTICAL CENTER
PO BOX 25082
MPB ROOM 302
OKLAHOMA CITY OK 73125
MPB Rm 313 1400 CS 10/19/2018
Darrell L. Hafer III 405 darrell.l.hafer@faa.go v 954-7850
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X
X
X
X
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PAGE(S)
Darrell L. Hafer III
6973GH-18-R-00097
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-18-R-00097
Delivery: 1 Days After Award
Delivery Location Code: A697363F
A697363F
697363 DOT FAA AJW 3422 HNGR 9E
LOGISTIC SUPPORT SECTION RM 128
6500 S MACARTHUR BLVD
OKLAHOMA CITY OK 731696901 US
Period of Performance: 01/15/2019 to 01/14/2024
00001 CLIN 0001 Labor for Technical Support
Est. ______ hrs @ $__________
*Proposed labor hour rate(s) will be reviewed/analyzed to ensure the rates are fair and reasonable and in accordance with the Service Contract Act.
Electronic & IT: 03
00002 CLIN 0002 Travel & Per Diem
IAW PWS Section 7
Travel is cost reimbursable with a NTE amount of
$15,000. Offerors must not exceed this estimated ceiling cost. No profit will be paid on Travel and it will be reimbursed at cost plus G&A only.
Travel will be approved in writing by the FAA CO in advance of each occurrence.
Electronic & IT: 03
00003 CLIN 0003 Maintenance
IAW PWS Section 2.3
Contractor shall provide software maintenance for the current and future system modifications.
Electronic & IT: 03
00004 CLIN 0004 Over & Above
IAW PWS Section 2.4
O&A work including modifications or changes in application(s) and is -
a) Within the general scope of the contract;
b) Not covered by line item(s) for the basic
Continued ...
3 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-18-R-00097
work under the contract; and
c) Necessary in order to satisfactorily complete the contract.
Approved O&A services/labor will be charged to the Govt. at the hourly rate of $___________.
Proposed labor hour rate(s) will be reviewed/analyzed to ensure the rates are fair and reasonable and in accordance with the
Service Contract Act.
Proposed O&A material charges will be submitted to the FAA Contracting Officer for review, verification, and negotiation.
Electronic & IT: 03
00005 CLIN 0005 Software
IAW PWS Section 2.2
Contractor shall provide software annual licenses.
Electronic & IT: 03
00006 Option Year 1
CLIN 0006 Labor for Technical Support
Est. ______ hrs @ $__________
*Proposed labor hour rate(s) will be reviewed/analyzed to ensure the rates are fair and reasonable and in accordance with the Service Contract Act.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00007 Option Year 1
CLIN 0007 Travel & Per Diem
IAW PWS Section 7
Travel is cost reimbursable with a NTE amount of
$15,000. Offerors must not exceed this estimated ceiling cost. No profit will be paid on Travel and it will be reimbursed at cost plus G&A only.
4 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-18-R-00097
Travel will be approved in writing by the FAA CO in advance of each occurrence.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: )
00008 Option Year 1
CLIN 0008 Maintenance
IAW PWS Section 2.3
Contractor shall provide software maintenance for the current and future system modifications.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00009 Option Year 1
CLIN 0009 Over & Above
IAW PWS 2.4
O&A work including modifications or changes in application(s) and is -
a) Within the general scope of the contract;
b) Not covered by line item(s) for the basic work under the contract; and
c) Necessary in order to satisfactorily complete the contract.
Approved O&A services/labor will be charged to the Govt. at the hourly rate of $___________.
Proposed labor hour rate(s) will be reviewed/analyzed to ensure the rates are fair and reasonable and in accordance with the
Service Contract Act.
Proposed O&A material charges will be submitted to the FAA Contracting Officer for review, verification, and negotiation.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00010 Option Year 1
5 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-18-R-00097
CLIN 0010 Software
IAW PWS Section 2.2
Contractor shall provide software annual licenses.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00011 Option Year 2
CLIN 0011 Labor for Technical Support
Est. ______ hrs @ $__________
*Proposed labor hour rate(s) will be reviewed/analyzed to ensure the rates are fair and reasonable and in accordance with the Service Contract Act.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00012 Option Year 2
CLIN 0012 Travel & Per Diem
IAW PWS Section 7
Travel is cost reimbursable with a NTE amount of
$15,000. Offerors must not exceed this estimated ceiling cost. No profit will be paid on Travel and it will be reimbursed at cost plus G&A only.
Travel will be approved in writing by the FAA CO in advance of each occurrence.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00013 Option Year 2
CLIN 0013 Maintenance
IAW Section 2.3
Contractor shall provide software maintenance for the current and future system modifications.
Electronic & IT: 03
6 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-18-R-00097
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00014 Option Year 2
CLIN 0014 Over & Above
IAW PWS Section 2.4
O&A work including modifications or changes in application(s) and is -
a) Within the general scope of the contract;
b) Not covered by line item(s) for the basic work under the contract; and
c) Necessary in order to satisfactorily complete the contract.
Approved O&A services/labor will be charged to the Govt. at the hourly rate of $___________.
Proposed labor hour rate(s) will be reviewed/analyzed to ensure the rates are fair and reasonable and in accordance with the
Service Contract Act.
Proposed O&A material charges will be submitted to the FAA Contracting Officer for review, verification, and negotiation.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00015 Option Year 2
CLIN 0015 Software
IAW PWS Section 2.2
Contractor shall provide software annual licenses.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00016 Option Year 3
CLIN 0016 Labor for Technical Support
Est. ______ hrs @ $__________
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CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-18-R-00097
*Proposed labor hour rate(s) will be reviewed/analyzed to ensure the rates are fair and reasonable and in accordance with the Service Contract Act.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00017 Option Year 3
CLIN 0017 Travel & Per Diem
IAW PWS Section 7
Travel is cost reimbursable with a NTE amount of
$15,000. Offerors must not exceed this estimated ceiling cost. No profit will be paid on Travel and it will be reimbursed at cost plus G&A only.
Travel will be approved in writing by the FAA CO in advance of each occurrence.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00018 Option Year 3
CLIN 0018 Maintenance
IAW PWS Section 2.3
Contractor shall provide software maintenance for the current and future system modifications.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00019 Option Year 3
CLIN 0019 Over & Above
IAW PWS Section 2.4
O&A work including modifications or changes in application(s) and is -
a) Within the general scope of the contract;
b) Not covered by line item(s) for the basic work under the contract; and
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REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-18-R-00097
c) Necessary in order to satisfactorily complete the contract.
Approved O&A services/labor will be charged to the Govt. at the hourly rate of $___________.
Proposed labor hour rate(s) will be reviewed/analyzed to ensure the rates are fair and reasonable and in accordance with the
Service Contract Act.
Proposed O&A material charges will be submitted to the FAA Contracting Officer for review, verification, and negotiation.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00020 Option Year 3
CLIN 0020 Software
IAW PWS Section 2.2
Contractor shall provide software annual licenses.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00021 Option Year 4
CLIN 0021 Labor for Technical Support
Est. ______ hrs @ $__________
*Proposed labor hour rate(s) will be reviewed/analyzed to ensure the rates are fair and reasonable and in accordance with the Service Contract Act.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00022 Option Year 4
CLIN 0022 Travel & Per Diem
IAW PWS Section 7
9 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-18-R-00097
Travel is cost reimbursable with a NTE amount of
$15,000. Offerors must not exceed this estimated ceiling cost. No profit will be paid on Travel and it will be reimbursed at cost plus G&A only.
Travel will be approved in writing by the FAA CO in advance of each occurrence.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00023 Option Year 4
CLIN 0023 Maintenance
IAW PWS Section 2.3
Contractor shall provide software maintenance for the current and future system modifications.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00024 Option Year 4
CLIN 0024 Over & Above
IAW PWS Section 2.4
O&A work including modifications or changes in application(s) and is -
a) Within the general scope of the contract;
b) Not covered by line item(s) for the basic work under the contract; and
c) Necessary in order to satisfactorily complete the contract.
Approved O&A services/labor will be charged to the Govt. at the hourly rate of $___________.
Proposed labor hour rate(s) will be reviewed/analyzed to ensure the rates are fair and reasonable and in accordance with the
Service Contract Act.
Proposed O&A material charges will be submitted to the FAA Contracting Officer for review, verification, and negotiation.
Electronic & IT: 03
(Option Line Item)
10 65
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-18-R-00097
(Expected Exercise Date/Days After Award: ) 0
Days After Award
00025 Option Year 4
CLIN 0025 Software
IAW PWS Section 2.2
Contractor shall provide software annual licenses.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Days After Award
Section B - Supplies or Services/Prices
Section B – Schedule
This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract. The precise quantities of supplies required are unknown and will be ordered as needed with the issuance of delivery orders. Estimated requirements are not a representation to an offeror or contractor that the estimated quantity will be ordered, or that conditions affecting requirements will be stable or normal. The only person authorized to either issue or modify delivery orders under this IDIQ contract is the Contracting Officer. The minimum obligation under this contract is CLIN 0005 – Software (IAW PWS Section 2.2). This amount (at least) will be obligated on the first delivery order, issued concurrently with the contract. The Government has no obligation to order additional supplies or issue additional delivery orders to the contractor beyond the minimum obligation specified above. The maximum obligation under this contract is the contract ceiling price established at award.
Clause List
AC1261 UNIFORM CONTRACT HEADINGS (JUL 1997)
PART I - SECTION C - DESCRIPTION/SPECS/WORK STATEMENT
PART I - SECTION D - PACKAGING AND MARKING
PART I - SECTION E - INSPECTION AND ACCEPTANCE
PART I - SECTION F - DELIVERIES OR PERFORMANCE
PART I - SECTION G - CONTRACT ADMINISTRATION DATA
PART I - SECTION H - SPECIAL CONTRACT REQUIREMENTS
PART II - SECTION I - CONTRACT CLAUSES
PART III - SECTION J - LIST OF ATTACHMENTS
ATTACHMENT TITLE DATE NO. OF PAGES
PART IV - SECTION K - REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
Certain representations and certifications must be made by the offeror and must be filled in as appropriate. The signature of the offeror on the face page of this SIR/RFO (Standard Form 33 or Standard Form 26, as applicable) constitutes the making of certain representations and certifications. Award of any contract to the offeror shall be considered to have incorporated the applicable representations and certifications by reference.
PART IV - SECTION L - INSTRUCTIONS, CONDITIONS, AND
NOTICE TO OFFERORS
PART IV - SECTION M - EVALUATION FACTORS FOR AWARD
The remainder of this page has been intentionally left blank.
Section C - Description/Specifications
Scope of Work
This solicitation contains detailed requirements based on operating methods in use with the current customized system. It is recognized that some of the operating procedures may be adjusted depending on the solutions presented. Each requirement will be evaluated to determine an alternate solution compatible with our organization. A replacement system is required due to anticipated un-supportability of the legacy system. This project has a direct effect on our ability to provide aircraft maintenance services that support the National Airspace System (NAS) safety and the flying public.
The complete Performance Work Statement (PWS) is attached to this Screening Information Request (SIR) and is identified in Part III - Section J, List of Attachments.
Contract Data Requirements List
Contract Data Requirements List (CDRL) will be required during the life of the contract. These CDRLs are not separately priced. All submittals must be in the format stated in the CDRL. When the format is not stated, the contractor must submit all data using a Microsoft Office product.
CDRL Deliverables Due Date Acceptance Criteria
A001 Program
Management Support: Monthly Financial Reports
10th business day of the following month
The Monthly Financial Reports (invoicing) are accurate, complete, submitted on time, in the FAA approved format, and is prepared in accordance with subtask 2.1.2 and AMS Clause 3.11-28 Contractor’s Invoices. Deliver reports to COR for acceptance and approval/disapproval.
A002 Operational Activity Report
10 business days from the end of the previous month (Monthly reporting period)
See the example provided. Adjustments to the formatting of the example is acceptable provided the required information is available to the reader.
A003 Technical Exchange Report
10 business days from the end of the previous month (Monthly reporting period)
Includes items listed in Section 1.5
A004 Helpdesk usage Report 10th business day of the following month
Report of helpdesk usage if costs are incurred. Report shall include time/date of activity, description of support, name of person initiating the request and cost summary. A report is not required if no cost are not incurred.
file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10 file:///G:/DHAFER/18-00060-Flight%20Program%20Aircraft%20Management%20System%20(FPAMS)/PWS/PWS_FPAMS_20180716%20v5.docx%23_bookmark10
Clause List
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
Section E - Inspection and Acceptance
Clause List
3.10.4-2 INSPECTION OF SUPPLIES - FIXED PRICE (NOV 1997)
3.10.4-5 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (APR 1996)
3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)
AC1908 INSPECTION AND ACCEPTANCE AT DESTINATION (JUN 2015)
(a) Final inspection and acceptance shall be at destination.
(b) Although source inspection by the Government is not anticipated under this contract, the provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled []
Section F - Deliveries or Performance
Clause List
3.10.1-9 STOP-WORK ORDER (OCT 1996)
3.11-34 F.O.B. DESTINATION (APR 1999)
AC0168 AUTHORIZED PERFORMANCE (JUL 2015)
The execution of a contract shall not constitute authority for the contractor to commence performance. Performance shall be ordered by the issuance of a formal delivery order by an authorized Contracting Officer of the Mike Monroney Aeronautical Center. Orders issued orally or by written telecommunications shall reference a formal delivery order number and shall be confirmed by issuance of the formal delivery order.
Section G - Contract Administration Data
Clause List
Accounting and Appropriation Data Accounting and appropriation data will be set forth on individual task orders issued hereunder.
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.
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
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 Signatures.
(End of Clause)
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 http://www.faa.gov/documentLibrary/media/Order/ND/1600.72A.pdf http://www.faa.gov/documentLibrary/media/Order/1110.125A.pdf 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.
http://www.faa.gov/documentLibrary/media/Order/3900.19B.pdf http://www.faa.gov/documentLibrary/media/Order/5200.7A.pdf http://www.faa.gov/documentLibrary/media/Order/FAA_Order_1370.79A.pdf https://employees.faa.gov/documentLibrary/media/Order/1370.81A.pdf https://ksn2.faa.gov/arc/amc/amp/amppublic/Traffic%20Safety/Forms/AllItems.aspx
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)
3.2.2.3-29 INTEGRITY OF UNIT PRICES (JUL 2004)
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)
3.2.5-1 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)
3.3.1-15 ASSIGNMENT OF CLAIMS (APR 1996)
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)
3.3.1-38 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (APR 2014)
3.3.1-39 FUNDING - TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (JAN 2015)
3.3.2-1 FAA COST PRINCIPLES (JAN 2016)
3.3.2-2 REIMBURSEMENT FOR TRAVEL AND SUBSISTENCE (APR 2010)
3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JUL 1996)
3.4.1-12 INSURANCE (JUL 1996)
3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT 1996)
3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (APR 2013)
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)
3.6.1-3 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 (APR 2018)
3.6.1-6 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 2010)
3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (OCT 2016)
3.6.2-2 CONVICT LABOR (APR 1996)
3.6.2-4 WALSH-HEALEY PUBLIC CONTRACTS ACT (OCT 2014)
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)
3.6.2-28 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)
3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER
SERVICE AND CONSTRUCTION CONTRACTS (OCT 2016)
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)
3.6.4-2 BUY AMERICAN ACT - SUPPLIES (OCT 2014)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.9.1-1 CONTRACT DISPUTES (OCT 2011)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE II (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)
3.10.3-9 USE OF CONTRACTOR-EQUIPMENT OR SOFTWARE - PERMITTED (NOV 2016)
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT 1996)
3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (OCT 2014) - ALTERNATE IV (JAN 2015)
3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (OCT 1996)
3.10.6-7 EXCUSABLE DELAYS (OCT 1996)
3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)
3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)
3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(JAN 2018)
3.14-4 ACCESS TO FAA FACILITIES, SYSTEMS, GOVERNMENT PROPERTY AND SENSITIVE
INFORMATION (JAN 2018)
3.14-5 SENSITIVE UNCLASSIFIED INFORMATION (SUI) (JUL 2013)
3.14-6 PRIVACY OR SECURITY SAFEGUARDS (NOV 2016)
3.2.4-5 ALLOWABLE COST AND PAYMENT (JAN 2017)
(a) Invoicing. The Government shall make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with the Federal Aviation Administration's (FAA) "Contract Cost Principles" in effect on the date of this contract and the terms of this contract (upon request, the Contracting Officer will provide a copy of the FAA Contract Cost Principles). The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract. Any payments for costs under this contract, particularly for costs of Indirect Rates under paragraph (d), shall be subject to the provisions of the "Limitation of Costs" clause, or the "Limitation of Funds" clause, if applicable. The Contractor shall be responsible to manage and control the allowable cost of performance of the contract, such that payments for any allowable costs, including Indirect Rates under paragraph (d), shall not exceed the estimated cost set forth in the schedule, or the funded amount, less an allowance for fee, if the contract is incrementally funded.
(b) Reimbursing costs.
(1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (2) below, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only:
(i) Those costs the Contractor has incurred and recorded at the time of the request for reimbursement;
(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid for-
(A) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;
(B) Direct labor;
(C) Direct travel;
(D) Other direct in-house costs; and
(E) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under FAA contracts; and
(iii) The amount of payments that have been paid to the Contractor's subcontractors under similar cost standards.
(2) Contractor contributions to any pension or other post-retirement benefit, profit-sharing or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes:
Provided, that the Contractor pays the contribution to the fund within 30 days after the close of the period covered.
Payments made 31 days or more after the close of a period shall not be included until the Contractor actually makes the payment. Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for payment purposes until the Contractor actually makes the payment.
(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph
(d) below.
(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.
(c) Small business concerns. A small business concern may be paid more often than every 2 weeks and may invoice and be paid for recorded costs for items or services purchased directly for the contract, even though the concern has not yet paid for those items or services.
(d) Final indirect cost rates.
(1) Final annual indirect cost rates and the appropriate bases shall be established for the period covered by the indirect cost rate proposal.
(2) The Contractor shall, within 180 days after the expiration of each of its fiscal years, or by a later date approved by the Contracting Officer, submit to the cognizant Contracting Officer and to the cognizant audit activity proposed certified final indirect cost rates for that period and supporting cost data specifying the contract and/or subcontract to which the rates apply. The proposed rates shall be based on the Contractor's actual cost experience for that period.
The appropriate Government representative and Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.
(i) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Contracting Officer:
(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.
(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).
(C) Overhead expenses (final indirect cost pool). Schedule claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.
(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Charts of Accounts) and expense reallocation to final indirect cost pools.
(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.
(F) Facilities capital cost of money factors computation.
(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost elements.
(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.
(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.
(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contract information).
(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.
(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.
(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.
(N) Certificate of final indirect cost.
(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).
(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates,
(ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.
(4) After final annual direct cost rates are established for specific period, the contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed as required by paragraph d(2)(i)(l) of this clause.
(5) Failure by the parties to agree on a final annual indirect cost rate may be the basis of a claim under the "Contract Disputes" clause.
(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-
(1) Shall be the anticipated final rates; and
(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.
(f) Quick-close-out procedures. When the Contractor and Contracting Officer agree, the quick-close-out procedures may be used.
(1) Procedures. Settlement of indirect cost rates shall apply to this contract, in advance of the determination of final indirect cost rates, if:
(i) The contract is physically complete;
(ii) The amount of unsettled indirect cost to be allocated to this contract is not more than $5,000,000 and the cumulative unsettled indirect costs to be allocated to one or more contracts in a single fiscal year do not exceed 15 percent of the estimated, total unsettled indirect costs allocable to cost-type contracts for that fiscal year; and
(iii) Agreement can be reached on a reasonable estimate of allocable dollars.
(2) The settlement shall be final for this contract and no adjustment shall be made to other contracts for over- or under-recoveries of costs allocated or allocable to this contract.
(3) The settlement shall not be considered a binding precedent when establishing the final indirect costs for other contracts.
(4) These procedures may also be used for the settlement of direct and indirect costs for individual task and delivery orders.
(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) adjusted for prior overpayments or underpayments.
(h) Final payment.
(1) The Contractor shall submit a completion invoice or voucher, designated as such, promptly upon completion of the work, but no later than 120 days (or longer, as the Contracting Officer may approve in writing) after settlement of final annual indirect rates for all years. Upon approval of that invoice or voucher, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.
(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-
(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and
(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except-
(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;
(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and
(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.
(End of clause)
3.2.4-16 ORDERING…
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