6973GH-18-R-00212.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

1 57

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-18-03635

X

AAQ0731-AFN

AAQ-731 FAC. & AVIATION SAFETY ACQ

FAA AERONAUTICAL CENTER

PO BOX 25082

BLDG 014-AHQ, ROOM 233A

OKLAHOMA CITY OK 73125

1700 CT 09/14/2018

Kimberly D. Sites 405 Kimberly.Sites@faa.gov

954-7755

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PAGE(S)

Kimberly D. Sites

6973GH-18-R-00212

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 57

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

6973GH-18-R-00212

Delivery Location Code: A6973E3M

A6973E3M

6973E3 DOT FAA AAM 600

CIVIL AEROSPACE MEDICAL RESEARCH

PO BOX 25082 DIV RM 102 M

OKLAHOMA CITY OK 731250082 US

FOB: Destination

Period of Performance: 10/01/2018 to 09/30/2020

00001 CLIN 0001: Program Administration in accordance with the Government Statement of Work

Period of Performance October 1, 2018 through

September 30, 2020

Electronic & IT: 03

00002 CLIN 0002: The Contractor must provide

Engineering Consultant and Support in accordance with the Statement of Work.

Period of Performance October 1, 2018 through

September 30, 2020

Electronic & IT: 03

00003 CLIN 0003: The Contractor must provide Material

Support (i.e. Livermore LsDyna Software) in accordance with the Statement of Work.

Period of Performance October 1, 2018 through

September 30, 2020

Electronic & IT: 03

00004 CLIN 0004: All travel will be in accordance with

Federal Travel Regulations (FTR)

Estimated 4 Trips for 1 person

Period of Performance October 1, 2018 through

September 30, 2020

Electronic & IT: 03

Section A - Solicitation/Contract Form

Clauses

Section B - Supplies or Services/Prices

Section B - Schedule

See Section J, Attachment 1 for the Section B Contract Line Items/Pricing applicable to this instrument.

Clause List

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications

Scope of Work

C.1 Scope of Work

The Contractor shall perform the requirements listed and described in the Statement of Work (Section J, Attachment

5) in accordance with all terms, conditions, and provisions set forth herein.

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

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

http://conwrite.faa.gov.

(End of clause)

3.10.4-3 INSPECTION OF SUPPLIES - COST REIMBURSEMENT (APR 1996)

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 AMS 3.10.4-5 Inspection -Time-and-Material and Labor-Hour (APR-96)

Section F - Deliveries or Performance

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)

3.10.1-9 STOP-WORK ORDER (OCT 1996)

3.10.1-9 STOP-WORK ORDER (OCT 1996) - ALTERNATE I (OCT 1996)

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 [CO to insert information] 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 [CO to insert information] days (if a security clearance must be obtained, at least [CO to insert information] 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)

AC1604 CONTRACT PERIOD (JUN 2015)

The effective period of this contract is 1 year from the date of award.

Section G - Contract Administration Data

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)

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

(a) The Contracting Officer may designate other Government personnel (known as the Contracting Officer's Representative) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

(b) The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

(End of Clause)

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 kimberly.sites@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 Lori Samuel or:

FAA, Mike Monroney Aeronautical Center lori.samuel@faa.gov

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.

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

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

http://conwrite.faa.gov.

(End of clause)

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2013)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

(1) Contracts written on paper and contracts in electronic form;

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

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

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.

(c) Certain documents may need to be provided or maintained in original form, such as large scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.

Contractors may use the following means of electronic signature technology digital signatures.

(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 Administration (Manager) [ ] Engineering Consulting

(List key personnel and/or facilities)

(End of clause)

AC0090 ENVIRONMENTAL, SAFETY AND HEALTH (JULY 2016)

(a) The Contractor shall ensure that no person employed on this contract works in surroundings or under conditions that are unsanitary, hazardous, or dangerous to their health or safety. The contractor shall also ensure that all employees receive appropriate and required training for safety, health, environmental, and equipment operations. In fulfilling these requirements, the Contractor shall comply with:

(1) Applicable Federal, State, and local environmental and safety requirements. This includes, but is not limited to, requirements contained in the U.S. Code of Federal Regulations (e.g. 29 CFR, 40 CFR, and 42 CFR) and/or requirements issued by the Oklahoma Department of Environmental Quality and the Oklahoma Corporation Commission.

(2) Supplemental Federal and FAA environmental, safety and health requirements contained in Executive Orders, FAA, and Mike Monroney Aeronautical Center (MMAC) Environmental, Safety and Health Orders, or elsewhere in the contract. Other standards used by the FAA include those sponsored by the National Fire Protection Association (NFPA), the American National Standards Institute (ANSI), the American Society of Testing and Materials (ASTM), etc. This list of standards or laws is not inclusive.

(3) The MMAC Environmental, Occupational Safety and Health Policy states:

-The FAA Mike Monroney Aeronautical Center is fully committed to excellence and leadership in protecting the environment, and the health and safety of our employees and neighbors. It is our policy to ensure that employees, contractors, students, and visitors are provided with workplaces that are free from recognized hazards that may cause death, illness, or injury. Additionally, we will accomplish our mission in a manner that will minimize environmental consequences. All organizations at the Aeronautical Center are responsible to ensure that environmental, safety, and health considerations are integrated into their daily activities and operations. In keeping with this commitment, we will implement, maintain, and continually improve our environmental, safety, and health performance by utilizing a comprehensive Environmental, Occupational Safety and Health Management System which:

-Ensures compliance with all applicable environmental, occupational safety, and health requirements

-Establishes environmental, occupational safety and health metrics

-Prevents injury and illness

-Minimizes pollution and waste; conserves natural resources and improves energy efficiency

-Identifies hazards, assesses risks, and implements controls

Aeronautical Center personnel demonstrate their commitment to this policy by providing products and services in a manner that demonstrates our good stewardship of the environment, and in a manner that ensures a safe and healthy work environment for employees, contractors, students, and visitors.

(4) The environmental requirements of the MMAC Environmental, Occupational Safety and Health Management System (EOSHMS) are modeled after the specifications found in the International Standard for Environmental

Management, ISO 14001: 2004. The health and safety requirements of the MMAC Environmental, Occupational Safety and Health System (EOSHMS) are modeled after the specifications found in the Occupational Health and Safety Assessment Series, BS OHSAS 18001: 2007. The MMAC EOSHMS requires that all contractors that provide goods and services that can affect MMAC's environmental, occupational safety and health programs shall, prior to start of performance of work under this contract:

(i) Ensure that all employees supporting the contract work activities are:

-Aware of the MMAC Environmental, Occupational Safety and Health Policy as set forth in paragraph (a)(3) above;

-Aware of and conform with the Operational Control documents referenced as attachments in Section J of this solicitation/contract;

-Competent to perform assigned job functions and maintain appropriate records of training or equivalent experience as identified in the above referenced Operational Control documents. Such records shall be made available to the CO or COR upon request.

(ii) Ensure that employees requiring unescorted access to the site have received the MMAC Environmental, Occupational Safety and Health Management System (EOSHMS) General Awareness Briefing, eLMS course # FAA30050017. This training is available on-line at:

https://ksn2.faa.gov/arc/amc/amp/amppublic/SitePages/Training%20-%20Mandatory%20Training.aspx .

(iii) Complete and sign the 'Certification of Contractor Conformance to the MMAC EOSHMS' included in Section K of this solicitation/contract. Contractor's signature of this certification certifies that the contractor has verified that all MMAC EOSHMS requirements have been or will be met and that work performed hereunder shall be in conformance with the MMAC EOSHMS. Submission of this certification is a prerequisite for contract award.

(b) If the Contractor works more than 1000 employee-hours in one quarter on the MMAC Campus, the Contractor shall prepare and submit an annual report of injury and illness information regarding this workforce as specified in 29 CFR 1904. The report shall be submitted to the Contracting Officer not later than November 30 of each year and contain the following information (Note: the following references to fiscal year refer to the Governmental fiscal year, October 1 through September 30):

(1) The number of employee-hours worked during the preceding fiscal year;

(2) The number of OSHA recordable cases (defined as mishaps that result in fatalities, lost workdays, medical treatment, restricted workdays or a loss of consciousness) that occurred during the preceding fiscal year;

(3) The number of cases which resulted in days away and/or restricted/transferred duty that occurred during the preceding fiscal year.

(c) If there are conflicts between any of the requirements referenced in this contract, the more stringent requirement will prevail.

(d) If the Contractor fails or refuses to promptly comply with any environmental, safety or health requirements stated in this Clause, the Contracting Officer's Representative (COR) will notify the Contractor of any such noncompliance and the Contractor shall take immediate corrective action. Such notice, whether oral or written, when served on the Contractor or any of its employees at the site of the work, shall be deemed sufficient. All oral notices will be followed up with a written notice to the Contractor. If the Contractor fails or refuses to promptly correct the condition, the COR may stop all or any portion of the work. When satisfactory corrective action has been taken, the contractor shall request permission to resume work from the COR. No time extension or additional costs, resulting from the directive to stop work shall be allowed. Failure of the COR to provide notice of noncompliance or to stop work shall not relieve the Contractor of its responsibility for the safe performance of the work.

(e) The Contractor shall require contract personnel to wear personal protective equipment when it is necessary because of the hazards on the job and in most instances will provide the equipment and corresponding training, except that which has been specified to be furnished by FAA. All personal protective equipment worn by contractors shall comply with applicable industry standards.

(f) Contractors shall include a clause in all subcontracts to require subcontractors to comply with this clause.

AC3402 FAA FACILITY REGULATIONS FOR MMAC CONTRACTORS (APR 2016)

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

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

FAA ORDERS/DIRECTIVES

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

Accountability Board FAA Order 1110.125A http://www.faa.gov/documentLibrary/media/Order/1110.125A.pdf

Smoking Restrictions in FAA Controlled or Occupied Space FAA Order 3900.47 http://www.faa.gov/documentLibrary/media/Order/3900.47.pdf

FAA Occupational Safety & Health Program FAA Order 3900.19B http://www.faa.gov/documentLibrary/media/Order/3900.19B.pdf

Airfield Driver Training for FAA Employees FAA Order 5200.7A http://www.faa.gov/documentLibrary/media/Order/5200.7A.pdf

Internet Use Policy FAA Order 1370.79A http://www.faa.gov/documentLibrary/media/Order/FAA_Order_1370.79A.pdf

Electronic Mail FAA Order 1370.81A https://employees.faa.gov/documentLibrary/media/Order/1370.81A.pdf

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

Documents are only available by request from the Contracting Officer.

AC4555 NOTICE OF CONTRACTOR TESTIMONY (SEP 2006)

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

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

AC4556 PERSONNEL AND SUPERVISION (JUL 2015)

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

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

AC4557 STRIKES OR PICKETING

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

Section I - Contract Clauses

Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

http://conwrite.faa.gov.

(End of clause)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)

3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (MAR 2009)

3.2.2.3-29 INTEGRITY OF UNIT PRICES (JUL 2004)

3.2.2.3-36 REVERSING OR ADJUSTING OF PLANS FOR POSTRETIREMENT BENEFITS OTHER

THAN PENSIONS (PRB) (JUL 2004)

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)

3.2.2.8-1 MATERIAL REQUIREMENT (APR 2009)

3.2.4-6 FIXED FEE (JAN 2011)

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)

3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)

3.3.1-15 ASSIGNMENT OF CLAIMS (APR 1996)

3.3.1-17 PROMPT PAYMENT (JAN 2017)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT

2012)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT

(AUG 2012)

3.3.1-38 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)

3.4.1-11 INSURANCE - LIABILITY TO THIRD PERSONS (JUNE 1999)

3.4.1-12 INSURANCE (JUL 1996)

3.5-1 AUTHORIZATION AND CONSENT (JAN 2009)

3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JAN

2009)

3.5-3 PATENT INDEMNITY (APR 2017)

3.5-13 RIGHTS IN DATA - GENERAL (OCT 2014)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-9 EQUAL OPPORTUNITY (AUG 1998)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (JAN 2011)

3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (AUG 1998)

3.6.2-39 TRAFFICKING IN PERSONS (OCT 2015)

3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (JAN 2012)

3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (OCT 2016)

3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)

3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)

3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)

3.8.2-10 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR

1996)

3.9.1-1 CONTRACT DISPUTES (OCT 2011)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1996)

3.10.1-3 PENALTIES FOR UNALLOWABLE COSTS (OCT 1996)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)

3.10.1-13 CHANGES - COST-REIMBURSEMENT (APR 1996)

3.10.1-13 CHANGES - COST-REIMBURSEMENT (APR 1996) - ALTERNATE V (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)

3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (OCT 2014)

3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (OCT 2014) - ALTERNATE IV (JAN 2015)

3.10.6-7 EXCUSABLE DELAYS (OCT 1996)

3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)

3.13-11 PLAIN LANGUAGE (JUL 2006)

3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)

3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(JAN 2018)

3.14-5 SENSITIVE UNCLASSIFIED INFORMATION (SUI) (JUL 2013)

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)

3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2014)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.

(End of clause)

3.2.5-15 ATTORNEY-CLIENT PRIVILEGE (JAN 2016)

(a) During performance of the contract, the Contractor may be required to attend meetings at which FAA employees seek and receive legal advice from FAA attorneys. The FAA intends, and the Contractor agrees, that such advice must be treated as confidential legal advice, that the Contractor must not discuss with or otherwise disclose such legal advice to any person, that such advice must not be included in notes (electronic or otherwise), written reports, or minutes of such meetings, and that such advice must not be redistributed, forwarded or otherwise transmitted.