6973GH-18-R-00119.pdf

SOLICITATION, OFFER AND AWARD

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

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

5. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

PAGE OF PAGES

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C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

9. FOR

INFORMATION

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

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

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

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M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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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-18-0190005/08/2018

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AAQ0732-AFN

AAQ-732 TRAINING & AVIATION ACQ

FAA AERONAUTICAL CENTER

PO BOX 25082

MPB ROOM 369

OKLAHOMA CITY OK 73125

1700 CS 06/07/2018

Stacey L. Stanley 405 stacey.stanley@faa.gov

954-4417

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Stacey L. Stanley

6973GH-18-R-00119

Section B - Supplies or Services/Prices

Section B - Schedule

B.1 GENERAL

Section B – The contract shall provide all necessary management, supervisory, and instructional personnel to provide for Instructional Services as required for the Federal Aviation Administration’s (FAA) Academy Regulatory Standards Division, (AMA-200), Mike Monroney Aeronautical Center, Oklahoma, as set forth in accordance with the terms, conditions, and provisions set forth herein. The Contractor shall effectively administer, manage, and perform the tasks that are defined by the Government in accordance with the Performance Work Statement. Specific services shall be defined in the task orders issued throughout the contract performance.

B.2 TYPE AND TERM OF CONTRACT

This acquisition is for an indefinite delivery/indefinite quantity type contract with fully burdened firm fixed price courses and Core Group Program Management and Reports, and fully loaded labor-hour rates. The term of this contract is for one (1) base year period and four (4) option year periods. All terms and conditions contained in this document will be applicable to all task orders issued under this contract, unless otherwise specified by an individual task order, as additional requirements may be specified in each task order.

B.3 SCHEDULE B PROPOSAL TABLE

Due to issues with contract writing system formatting the Schedule B is under Section J, Attachment 1 to this solicitation.

B.4 PRICING

In accordance with clause 3.2.4-20 Indefinite Quantity (Jul 1996) in Section I, the minimum amounts for this indefinite delivery/indefinite quantity contract are as follows:

Contract Guaranteed Minimum amount: The value of 1 month of CLIN 0002, TBD at award.

Contract Estimated Maximum amount: TBD at award.

The minimum shall be met by the initial task order to be issued in the base year of the contract.

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 must provide all administrative, managerial, supervisory, instructional, and clerical personnel required to provide technical and other training to AVS personnel and international students as specifically defined in this PWS. Contract instructional personnel will assist an existing cadre of AMA-200 instructors to accomplish tasked services as defined in other sections of this document for a fluctuating student enrollment environment. Contract revision/course maintenance and development personnel will assist an existing cadre of FAA revision and development staff to accomplish tasked services. Included is the Contract Tasks, Appendix A, identifying duties and responsibilities for FAA tasks. Contract Tasks are identified as Firm-Fixed Price (FFP), which is inclusive of all labor hours and travel and labor hours tasks.

The Contract Tasks will be maintained and revised as necessary by the COR following award. Contractor personnel will support and follow the policies and procedures of the FAA Academy’s and Division’s ISO-9001 Quality Management System.

C. 2 PHASE IN

It is critical that the transition after contract award to a successor be accomplished in a well-planned, orderly, and efficient manner. The services under this contract are vital to the Government and MUST continue without interruption upon contract expiration. The contract successor will be provided no more than a 30-day transition period. Thus, the technical proposal must include a detailed phase-in plan. The phase-in plan must:

1. Include details to minimize disruption and start-up requirements

2. Consider recruiting, hiring, training, and security limitations

3. Include coordinating with current Instructional Support Services Contractor

4. Consider any other special considerations of the prospective provider

This plan must be ready to implement after contract award and must address the offerors’ proposed plan for conducting the transition of operations from the incumbent contractor. The phase-in plan must clearly outline the steps, processes, and tasks the contract will take to ensure a timely and effective transition. The phase-in plan must address, as a minimum, the following:

1. Overall timelines outlining the 30-day phase-in process.

2. Procedure(s) used to achieve necessary staffing, meeting specific qualification and education requirements.

3. The number and position title(s), including resumes, of all personnel known at the time proposal was submitted to the Government.

4. Steps that address and meet contractual roles and responsibilities.

5. Contractor training and orientation activities not provided by the Government.

6. Method(s) to identify and merge existing incumbent contractor files.

7. Meeting requirements for FAA Academy Regulatory Standards Division specific training.

8. Identify contractor on-site facility and equipment requirements during the transition.

9. Process to ensure all on-going task requirements are identified and reviewed.

10. Methods to be used to identify present tasks status and transfer the management of these tasks without interruption and loss of quality.

11. Other training and transition actions to ensure quality of performance.

12. Other guidance and assistance requested from the Government.

13. Inventory government equipment and inspect facilities to be used by the contractor.

Contractor access must not interfere with the activities of current contract personnel. To preclude such interferences, arrangements will be made with the Contracting Officer or the designated representative.

The Contractor shall not assume that the incumbent contractor employees will be available to guide, direct or specifically orient each contractor employee. The Contractor shall cooperate with the incumbent contractor during the transition period and shall conform to the transition plan as approved by the Government.

C.3 PHASE OUT

In the event the follow-on contract is awarded to other than the incumbent, the incumbent contractor shall cooperate to the extent required to permit an orderly changeover to the successor contractor. Reporting of the current status may be necessary for transition or closeout of delivery orders. In transition, the incumbent contractor is expected to allow the successor access to incumbent employees and allow distribution of the successor’s recruitment notice.

C.4 TASK ORDER PROCESSING

a) The contracting officer shall issue task orders, which may be periodically updated, during the performance period of the contract. Concurrent accomplishment of more than one task at a time will be required.

b) Task orders will be issued upon completion of the following sequence of actions:

1) The Contracting Officer’s Representative (COR) will submit the AMA-200 QMS Contractor Instructional Request form, the QMS Contractor Revision and Development form and/or the AMA-200 standard requirements document to the contractor.

2) The contractor will submit a requirements memo to the COR including:

(i) List of requirements separated by CLIN and task

(ii) A breakdown of the course and class information for identified requirements with the requested hours or number of instructors (from QMS forms or AMA-200 standard requirements document) by class and cost per class

(iii) Summary of requirements per CLIN including hours and costs

(iv) Proposed travel costs (if labor hour)

3) The COR will issue a procurement request for proposed tasks with the contractor requirements memo attached.

4) The CO will issue a task order for delivery of firm fixed-price tasks and labor hours tasks

5) The task order will be signed, dated, and issued by the Contracting Officer. Each task order will contain the following information:

(i) An appropriate task order number and reference to this contract number

(ii) A description of the services to be performed presented in the attached contractor requirements memo.

(iii) Period of performance

(iv) Ceiling price for labor hour tasks, class price for firm-fixed price tasks and/or Government Not to Exceed (NTE) estimate for travel costs associated with labor hour tasks.

c) The Contracting Officer may issue task orders under this contract at any time within the term of this contract or any extension under the option clause.

Clause List

AC4548 EMERGENCY SITUATIONS AND EXERCISES DURING CONTRACT PERFORMANCE (JUL

2015)

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

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

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

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

AC4563 EMERGENCY SITUATIONS AND EXERCISES DURING CONTRACT PERFORMANCE AT

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

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

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

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

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

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

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

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

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

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

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

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

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

Section D - Packaging and Marking

Clause List

D - SECTION D - N/A

There are no applicable Section D clauses.

Section E - Inspection and Acceptance

Clause List

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 INSPECTION OF SERVICES – BOTH FIXED PRICE & COST REIMBURSEMENT (AMS 3.10.4-4) and INSPECTION – TIME

AND- MATERIAL AND LABOR-HOUR (AMS 3.10.4-5)

Section F - Deliveries or Performance

Clause List

F.1 PLACE OF PERFORMANCE

Regulatory Standards Training Services shall be accomplished at:

Mike Monroney Aeronautical Center

FAA Academy

6500 South MacArthur Blvd.

Oklahoma City, OK 73169

Selected tasks may be performed at:

U.S. Postal Service (USPS)

National Center for Employee Development (NECD)

2701 East Imhoff Road

Norman, OK 73071

Field locations may be ordered as directed by the Contracting Officer (CO) or the Contracting Officer’s Representative (COR). Services required in field locations will be conducted at Government-furnished facilities and non-government facilities, normally located within the United States, but may on rare occasion be located outside of the United States territories.

F.2 DELIVERY SCHEDULE

All requirements for performance and delivery of services shall be scheduled as described in the Performance Work Statement. Contractor Instructors may be required to work between the hours of 6:00 a.m. and 12:00 a.m. Normal operations will generally occur between 6:00 a.m. and 6:00 p.m. Some requirements may require periodic evening shift contract services between 6:00 p.m. and 12:00 p.m.

F.3 PERFORMANCE

Performance completion dates will be specified on individual task order(s) issued hereunder.

F.4 DELIVERY OF MATERIALS

The Contractor shall deliver material including but not limited to original work papers, notes and drafts, printed materials, and pamphlets developed in support of the work performed. The delivery date for materials, publications, etc., shall be established as after receipt of order (date specified) from the date of written task order by the Contracting Officer. This material is considered ‘data’ in accordance with the provisions of the AMS clause 3.5-16 entitled Rights In Data – Special Works.

3.10.1-9 STOP-WORK ORDER (OCT 1996)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

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

3.8.2-22 SUBSTITUTION OR ADDITION OF PERSONNEL (OCT 2006)

(1) The Contractor must assign only those individuals whose resumes, personnel data, or personnel qualification statements have been submitted and determined by the Contracting Officer to meet the minimum requirements of the contract. The Contractor must not substitute or add personnel except in accordance with this clause.

(2) Substitution of Personnel.

(a) For the first 90 days of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.

(b) If an individual becomes, for whatever reason, unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or is expected to devote substantially less effort to the planned work, the Contractor must propose a substitute personnel as required by paragraph (4) below.

(3) Addition of Personnel. If an FAA requirement will increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract, then the Contractor must notify the Contracting Officer to add personnel to the designated labor category. The Contractor must request added personnel as required by paragraph (4) below.

(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least 30 days (if a security clearance must be obtained, at least 30 days) before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer. Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel.

(5) The Contracting Officer may terminate the contract if the Contractor has not made suitable, timely, and reasonably forthcoming replacement of personnel who have been reassigned or terminated or otherwise become unavailable to work under the contract or the resulting loss of productive effort would impair the successful completion of the contract. Alternatively, if the Contracting Officer finds the Contractor to be at fault for the condition, then the Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor's action.

(End of clause)

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 the award date, to include the phase in period, for the base year, and if extended by exercise of option, four (4) one-year option periods designated as follows:

Option Periods TBD based on award date.

Section G - Contract Administration Data

Clause List

G.1 Invoicing Procedure

Each invoice must identify the period of performance covered by that invoice.

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 stacey.stanley@faa.gov or:

FAA, Mike Monroney Aeronautical Center

Office of Acquisition Services (AAQ-(insert routing symbol))

P.O. Box 25082

Oklahoma City, OK 73l25

(3) One Copy to karie.skipper@faa.gov or:

FAA, Mike Monroney Aeronautical Center

Contracts and Program Administration Branch, AMA-260

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.

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.

G.1 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be set forth on individual delivery orders issued hereunder.

Section H - Special Contract Requirements

Clause List

H.1 POST-AWARD CONFERENCE

(a) A Post-Award Conference with the successful contractor is required and will be held as soon as possible after award of the contract. The conference will be held at the Mike Monroney Aeronautical Center, Oklahoma City, Oklahoma.

(b) The contractor will be given at least five working days’ notice prior to the date of the conference by the Contracting Officer.

H.2 STAFFING/RESOURCE UTILIZATION

The Contractor shall assure that all persons employed on this contract possess the required skills and are assigned duties consistent with the job classifications for which they were employed. Any Department of Labor imposed fine, penalty or upward salary adjustment resulting from the Contractor’s failure to properly utilize classified employees, shall be the contractor’s responsibility and shall not be allowed for the purposes of reimbursement under this contract.

H.3 LIMITATION OF GOVERNMENT’S OBLIGATION – ALLOTMENT OF FUNDS

(a) The Government shall not be obligated to pay the contractor any amount in excess of the amount set forth in each task order and the contractor shall not be obligated to continue performance by virtue of which the FAA’s obligation hereunder would exceed the amount set forth in each task order unless and until the Contracting Officer has notified the contractor in writing that such amount has been increased and shall have specified in such notice a revised amount which shall thereupon constitute the Not-to-Exceed Ceiling for performance of the task order.

(b) The FAA reserves the right to increase or decrease the funds allotted herein for a task order by an Administrative Modification of Task Order on a unilateral basis to the respective Task Order. In no event shall the Contracting Officer decrease funds below the amount incurred by the contractor at the time of the notice of decrease.

H.4 CANCELLATION POLICY

Task Orders issued for instructional support services are primarily driven by the training needs of Aviation Safety (AVS) as well as AFB-500, AIR-900 and AMA-800. Consequently, schedules that are coordinated for requirements may be adjusted as enrollment information is confirmed. The schedule adjustments shall be coordinated and discussed with the COR. The FAA reserves the right to cancel scheduled course requirements previously identified prior to the start date of the scheduled offerings.

H.5 DISCRIMINATION/COMPLAINTS AND EMPLOYEE APPEALS

The contactor agrees that it will take the necessary action to insure that its employees including all subcontractors’ employees cooperate fully with the FAA in regard to any personnel action or discrimination complaints involving students or former students of the FAA Academy. This would include cooperation in the preparation for and participation in discrimination complaint investigation and/or hearing and in any hearing before the Merit System Protection Board, Equal Employment Opportunity Commission, and/or Accountability Board.

H.6 DISSEMINATION OF CONTRACT INFORMATION

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Copies of any material proposed for publication or distribution shall be submitted to the CO.

H.7 TRAVEL REIMBURSEMENT GUIDELINES

In addition to Reimbursement for Travel and Subsistence Clause (CLA.3.3.2-2) and due to fixed-price CLINS as well as labor-hour CLINS, the following guidelines apply to this contract.

a) Allowable reimbursement of travel costs for labor hour tasks provided in accordance with the contractor personnel’s assigned tasks will follow applicable Federal travel guidelines. The provisions of the Foreign Service Act of 1980 will govern any travel outside the territories and possessions of the United States.

b) The Government will reimburse the contractor for allowable travel expenses of contractor personnel required to travel for their assigned duties of labor hour tasks. Travelers need to be prudent when making travel arrangements, or some actual expenses may not be allowable or paid. Travel expenses incurred while performing labor hour tasks must be most advantageous to the Government, not just for the convenience of the traveler.

c) If a privately owned vehicle (POV) to/from Oklahoma City is used, a rental car for use in the Oklahoma City area and parking costs of the POV are not allowed. Exceptions may be allowed if justified IAW the FTR, approved in advance by the COR/CO and documented on the travel expense report. Cost comparisons are required for POV mileage when traveling outside of Oklahoma and must be submitted along with the travel expense report.

d) Instructors traveling to perform required tasks at the National Center for Employee Development (NCED) in Norman, OK may be required to stay at the NCED Conference Center and Hotel, 2801 East State Highway 9, Norman, OK 73071 if the combined costs of lodging and meals are advantageous to the Government. Rental cars are not authorized for instructors staying at the NCED Conference Center and Hotel as there is a shuttle service provided. The fees for shuttle service are a reimbursable expense, but are limited to shuttle service to and from the airport and shuttle service to local restaurants and sites on weekends. Shuttle service on weekends is limited to 2 trips per weekend day. Exceptions may be allowed on a case-by-case basis if justified and approved by the COR.

e) Government requests for contractor instructional requirements for FFP Tasks that are submitted less than 21 calendar days prior to the start date of the scheduled offering, and incur increased air fare costs as a result of the late notification, are subject to reimbursement by the

Government. Travel arrangements must be made immediately upon receipt of the task order identifying the additional requirement. Cost comparisons are required when submitting the travel expense report and must include the air fare rate if reservations had been made 30 calendar days in advance and the cost of the actual air fare for reservations made less than 21 calendar days in advance of the class start date. The difference in cost will be reimbursed by the FAA if determined by the CO to be reasonable and allowable.

Late notification of requirements that incur increased travel expenses and are beyond the control of AMA-200, such as last-minute Continuing Resolution approval, notification of urgent training requirements from other AMA-200 customers that share the services on this contract, etc. are subject to approval on a case-by-case basis.

f) The Government will reimburse the contractor for allowable local travel of POV mileage to and from the MMAC/Academy and to and from NCED in Norman, OK for FFP tasks associated with ISS/Class Administration duties performed at NCED. In the event the contractor travels directly to or from home, the number of miles for the contractor employee’s normal commute must be subtracted from the total POV mileage. All requirements for travel to and from NCED must be authorized by the Government in advance. Allowable reimbursement will follow applicable Federal travel regulations.

g) When contractor services are required at locations throughout the United States other than Oklahoma for Firm-Fixed Price (FFP) tasks, they may be funded as Labor Hour (LH) tasks along with applicable travel expenses if justified and approved by the COR in advance. When a contractor is required to travel to an alternate location for a FFP task, advance approval must be provided by the COR for each contractor. Compliance with the provisions for travel associated with labor hour tasks is required.

h) When contractor instructors are assigned to a FFP course that is scheduled back-to-back with a LH task, the cost of airfare is already included in the FFP task and splitting the cost of airfare with the LH task such as a LH course or additional prep hours, is not allowed.

H.8 TRAVEL COST REIMBURSEMENT

a) The contractor is solely responsible for all travel costs incurred during the performance of this contract. Contract invoicing will contain billings for travel costs incurred performing labor hour tasks to include a copy of a detailed expense voucher that identifies costs and associated receipts from airlines, hotels, rental car and other voucher expenses. The FAA shall be solely responsible for determining what costs are allowable for reimbursement in accordance with the FTR. The FAA will not reimburse costs determined to be unnecessary, unreasonable, or unallowable. FAA Academy Regulatory Standards Division will reimburse the contractor for approved travel associated with tasks identified as labor hour only. Travel associated with FFP tasks will not be reimbursed separately. Exception: POV mileage associated with the performance of required FFP tasks at NCED may be reimbursed separately if determined to be necessary and allowable.

b. Contract travelers that are authorized the use of rental vehicles when performing their assigned duties of labor hour tasks must be charged the rate of the least expensive rental vehicle.

Contract personnel traveling the same dates or a portion of the same dates must share rental cars to the greatest extent possible, reducing costs to the government. Approval of rental vehicles will be provided by the COR for each contractor required to perform labor hour tasks. When issuing cost comparisons, the estimated cost of the rental vehicle and gasoline should be for the least expensive vehicle as noted above. As noted in the following paragraph, travelers must be cognizant to control gasoline expenses especially when renting larger size vehicles which might increase gasoline consumption.

c. Gasoline expenses for rental cars are not to exceed two (2) gallons per day that the rental car is rented. Fuel charges that exceed this amount will be reviewed on a case-by-case basis, if considered justified. (Gasoline charges that are required, approved, and incurred by contractor personnel traveling outside the commuting range of assigned work location in performance of this contract for labor hour tasks.)

d. When contractor instructors are assigned to a FFP or LH course and adverse weather conditions or other ‘Acts of God’ require the cancellation or rerouting of instructor travel and the contractor incurs the cost of travel and cancellation/change fees, the FAA may reimburse costs determined to be necessary, reasonable, or allowable if justified and approved by the CO and

COR.

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 to include PIN numbers or passwords,.

(End of Clause)

3.8.2-17 KEY PERSONNEL AND FACILITIES (MAY 1997)

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

(b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the Contractor shall notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(c) No diversion shall be made by the Contractor without the written consent of the Contracting Officer.

(d) The key personnel and/or facilities under this contract are:

Program Manager [ ] All Members of the Core Group [ ]

(List key personnel and/or facilities)

(End of clause)

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

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

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

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

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

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

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

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

(End of clause)

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.