6973GH-19-R-00228.pdf
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- Sleep Deprivation Study for Aviation Research "Comparison Across Multiple Types of Sleep Deprivation"
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| File | Type | Posted |
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| Client Authorization Letter.docx | DOCX document | |
| Past Performance Experience Form.pdf | ||
| Amendment 0001.pdf | ||
| Statement of Work.pdf | ||
| Questions and Answers.pdf | ||
| Section B - Supplies or Services-Prices.xlsx | XLSX spreadsheet | |
| Past Performance Survey.pdf | ||
| 6973GH-19-R-00228.pdf | ||
| Past Performance Experience Form.pdf | ||
| Client Authorization Letter.docx | DOCX document | |
| Past Performance Survey.pdf | ||
| Statement of Work.pdf | ||
| Section B - Supplies or Services-Prices.xlsx | XLSX spreadsheet |
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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 73
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-19-04807
X
AAQ0731-AFN
AAQ-731 FAC. & AVIATION SAFETY ACQ
FAA AERONAUTICAL CENTER
PO BOX 25082
BLDG 014-AHQ, ROOM 233A
OKLAHOMA CITY OK 73125
1200 CT 07/24/2019
Stephanie Riddle 405
STEPHANIE.RIDDLE@FAA.G
OV
954-7805
X
X
X
X
X
X
X
X
X
X
X
X
PAGE(S)
Stephanie Riddle
6973GH-19-R-00228
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 73
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-19-R-00228
Delivery Location Code: A697336M
A697336M
697336 DOT FAA AAM 003
CIVIL AEROSPACE MED INS CAMI RM 301
PO BOX 25082 M
OKLAHOMA CITY OK 731250082 US
FOB: Destination
Period of Performance: 09/18/2019 to 09/17/2024
00001 CLIN 00001: BASE YEAR: SUBJECTS: The Contractor must provide the services as outlined in the SOW.
Electronic & IT: 03
Period of Performance: 09/18/2019 to 09/17/2020
00002 CLIN 00002: BASE YEAR: Over and above charges
NTE: $2,193,443.32 for all 5 years
Electronic & IT: 03
Period of Performance: 09/18/2019 to 09/17/2020
00003 CLIN 00003: BASE YEAR: The Contractor must provide the services as outlined in the SOW for
Contract Start Up Fees.
Electronic & IT: 03
Period of Performance: 09/18/2019 to 09/17/2020
00004 CLIN 00004: Base Year: Travel in accordance with
SOW 1.4.1
NTE: $22,500 for all 5 years
Electronic & IT: 03
Period of Performance: 09/18/2019 to 09/17/2020
10001 CLIN 10001: Option Year 1: Subjects: The
Contractor must provide the services as outlined in the SOW.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)09/17/2020
Period of Performance: 09/18/2020 to 09/17/2021
10002 CLIN 10002: Option Year 1: Over and above charges
NTE: $2,193,443.32 for all 5 years
Electronic & IT: 03
(Option Line Item)
Continued ...
3 73
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-19-R-00228
(Expected Exercise Date/Days After Award:
)09/17/2020
Period of Performance: 09/18/2020 to 09/17/2021
10003 CLIN 10003: Option Year 1: Travel in accordance with SOW 1.4.1
NTE: $22,500 for all 5 years
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)09/17/2020
Period of Performance: 09/18/2020 to 09/17/2021
20001 CLIN 20001: Option Yr. 2: Subjects: The
Contractor must provide the services as outlined in the SOW.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)09/17/2021
Period of Performance: 09/18/2021 to 09/17/2022
20002 CLIN 20002: Option Year 2: Over and above charges NTE: $2,193,443.32 for all 5 years
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)09/17/2021
Period of Performance: 09/18/2021 to 09/17/2022
20003 CLIN 20003: Option Year 2: Travel in accordance with SOW 1.4.1
NTE: $22,500 for all 5 years
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)09/17/2021
Period of Performance: 09/18/2021 to 09/17/2022
30001 CLIN 30001: Option Year 3: Subjects: The
Contractor must provide the services as outlined in the SOW
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
4 73
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-19-R-00228
)09/17/2022
Period of Performance: 09/18/2022 to 09/17/2023
30002 CLIN 30002: Option Yr. 3: Over and above charges
NTE: $2,193,443.32 for all 5 years
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)09/17/2022
Period of Performance: 09/18/2022 to 09/17/2023
30003 CLIN 30003: Option Yr. 3: Travel in accordance with SOW 1.4.1
NTE: $22,500 for all 5 years
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)09/17/2022
Period of Performance: 09/18/2022 to 09/17/2023
40001 CLIN 40001: Option Year 4: Subjects: The
Contractor must provide the services as outlined in the SOW.
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)09/17/2023
Period of Performance: 09/18/2023 to 09/17/2024
40002 CLIN 40002: Option Yr. 4: Over and above charges
NTE: $2,193,443.32 for all 5 years
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)09/17/2023
Period of Performance: 09/18/2023 to 09/17/2024
40003 CLIN 40003: OPTION YEAR 4: Travel in accordance with SOW 1.4.1
NTE: $22,500 for all 5 years
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)09/17/2023
5 73
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
6973GH-19-R-00228
Period of Performance: 09/18/2023 to 09/17/2024
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
Statement of Work
The contractor shall perform the requirements listed in the Statement of Work (Section J - Attachment 2) in accordance with all terms, conditions, and provisions set forth herein.
Clause List
Section D - Packaging and Marking Clause List
Not applicable
Section E - Inspection and Acceptance Clause List
3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR 1996)
AC1908 INSPECTION AND ACCEPTANCE AT DESTINATION (JUN 2015)
(a) Final inspection and acceptance shall be at destination.
(b) Although source inspection by the Government is not anticipated under this contract, the provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled 3.10.4-4 Inspection of Services - Both Fixed-Price & Cost Reimbursement (APR 1996)
Section F - Deliveries or Performance Clause List
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)
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.
AC1137 CHANGE TO INDIVIDUAL DELIVERY ORDER SCHEDULE (JAN 1997)
(a) The delivery schedule(s) of all delivery orders issued hereunder shall be established in accordance with the terms of the contract.
(b) In the event that the Contractor fails to deliver in accordance with the established delivery schedule(s) and if such failure is not due to an excusable delay as defined in the Default clause of this contract, the Government and the Contractor may at the Government's option, negotiate a revised delivery schedule(s) in exchange for adequate consideration to the Government. A contract modification will not be required, but the delivery order(s) shall be amended in writing accordingly.
(c) A delivery order change or amendment made pursuant to this clause shall not affect the delivery schedule(s) of any other delivery order(s) issued under this contract.
(d) This clause shall not limit the Government's rights under the Default clause.
AC1604 CONTRACT PERIOD (JUN 2015)
The effective period of this contract is 1 year from date of award. Four (4) separate one-year option periods may be exercised at the discretion of the government.
Section G - Contract Administration Data Clause List
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 stephanie.riddle@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 Amanda.M.Taylor@faa.gov or:
FAA, Mike Monroney Aeronautical Center
Amanda Taylor
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.
AC4529 WARRANTY - COMMERCIAL PRODUCTS AND SERVICES (JUN 2006)
The contractor’s standard commercial warranty shall be deemed to be a part of this contract unless otherwise specified. If the contractor does not have a standard warranty, the warranty provisions of UCC Article 2 shall apply.
AC4550 DELIVERIES TO THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (JUL 2015)
(a) Security procedures at the MMAC require that all mail, materials, packages or parcels of any kind be delivered to a central screening point, for inspection by the FAA. This affects mail and other deliveries destined for all organizations located on MMAC property, including government organizations, contractors and permit holders.
After passing security inspection, the mail or material may be handled and delivered by the FAA. FAA will make every reasonable effort to conduct inspections and handle items in a careful manner so as to avoid damage or delay.
(b) This inspection is for the benefit of the FAA only. The FAA makes no representation that any material passing inspection is without hazard, poses no threat, or that it conforms in form, fit, function or quantity to the expectations of the intended recipient.
(c) The FAA shall not be liable for any 1) loss, damage or shortage of any mail or materials, 2) injury, or 3) delay in performance resulting from such inspection and handling, unless liable under the Federal Tort Claims Act (28 U.S.C. 2671-2680).
(d) Any item destined for the contractor that fails to pass inspection remains the property of the contractor, who is responsible for its disposition and coordination with law enforcement agencies as necessary.
Section H - Special Contract Requirements Clause List
DATA OWNERSHIP: PROVISION OF SAMPLES AND DATA TO THE FAA, PLUS REQUIREMENT
FOR CONTRACTOR-INITIATED PUBLICATION, DISSEMINATION, AND PRESENTATION OF
SAMPLES, DATA AND RESULTS FUNDED IN PART OR ENTIRETY FROM THIS CONTRACT TO BE
SUBJECT TO PRIOR FAA AUTHORIZATION
H.1 Transmission of data/samples to the FAA
It is the intent of the Functional Genomics team of the FAA to publish results in peer-reviewed journal literature, as well as generate technical report(s), commensurate with research findings.
The Functional Genomics team must be provided all data and samples generated from the study specified in the Statement of Work and associated documents of the contract, including but not limited to neurobehavioral test results collected during the acclimation days. The Functional Genomics team must receive all data in raw form, in addition to any and all interpretations and explanations as described in this SOW and associated documents. Where appropriate and possible, the Functional Genomics team must also receive the data transformed into tabular format ready for statistical analysis, and analyzed data such as interpreted polysomnography results. In any event where it is not appropriate to transmit data into tabular format ready for statistical analysis, data must still be provided in a form accessible to the Functional Genomics team with standard software.
If partial, incomplete, or otherwise failed data or biological samples are collected (such as samples and data from a participant that completed half of the study before dropping out), the collected data and samples must be provided to the Functional Genomics team. Provision of the data and samples must include an explanation of why they are partial/incomplete or otherwise failed (e.g., statement the subject dropped out, instrument malfunctioned, etc.) that clarifies which if any of the data and samples are reliable. However, the Contractor will remain responsible for recruiting additional subjects to account for attrition and meet the required thresholds including failure rates as specified in the Statement of Work and associated documents.
H.2 Publications and presentations initiated by the FAA
It is anticipated that the FAA will share authorship with the Contractor on one or more publications, as established by the FAA in accordance with the Contractor’s contributions and standard industry practice. The FAA will retain the right of final decision on all matters relating to publication, including authorship. Co-authorship by the Contractor on FAA publications or presentations will require the Contractor’s compliance with the clearance review process of the
FAA’s Office of Aerospace Medicine. Failure to comply with clearance review requirements, including timely review of materials prior to their publication or presentation, may result in the Contractor being excluded from the author list.
H.3 Contractor-initiated work on data and/or samples funded in part or entirety by this contract and associated agreements, and Contractor-initiated publication, presentation, or dissemination of findings
The FAA also retains the right to permit or deny additional research to be conducted on the data or samples gathered in this study, or from work with and observations of the study subjects during their time in the laboratory. For example, this could include add-on and/or follow-up studies proposed by the Contractor, the Functional Genomics team, or others that will complement but not duplicate the current study’s aims. Any follow-up or additional work(s) by the Contractor and their publication or presentation using data or samples funded in part or entirety by this contract cannot lessen the impact of the FAA’s research or jeopardize collection of reliable data as required in this Statement of Work and associated documents. The FAA will be the deciding authority on what constitutes a risk of lessening impact or jeopardizing collection of reliable data and provide a statement of agreement or denial. It is not the intent of the FAA to limit publication of facts that contradict the FAA’s findings (if such contradictions arise) or otherwise permanently prevent disclosure of information. Concerns regarding lessening of impact largely are with regards to pre-release or use by the Contractor of findings prior to publication (and if/where applicable, patenting) by the FAA.
Consequently, the FAA requires that any Contractor work performed for Contractor purposes that is unnecessary to accomplish the needs of this contract and unnecessary to accomplish any funded over & above items with study subjects, samples, or data derived in part or entirety from this study must have prior written, signed agreement by the FAA (see process below). Collection of any additional biological samples or data from study subjects that the Contractor would associate with any data or samples derived in part or entirety from this study must have prior written, signed agreement by the FAA. Any release by the Contractor of data/information (to include written, oral, and poster publications and presentations) derived in part or entirety from the study as described in this Statement of Work and associated documents must have prior written, signed approval by the FAA. For example, collection of additional neurobehavioral data and specimens to include collection at time points in addition to what is stated in Exhibit A - Table 1 (e.g., at 2 hr vs. 4 hr intervals during time awake) if proposed by the Contractor, must be agreed upon by the FAA, allowing the FAA to evaluate potential risks of the additional data collection. The FAA must have access to any data from add-on and/or or follow-up work funded in part or entirety by the Contract resulting from this solicitation. Access must be granted in a timely fashion (immediately or as soon as technically possible) if such data may be reasonably expected to aid efforts in identifying, interpreting, or understanding biomarkers, gene expression, or other aeromedically relevant results.
H.4 Process for Contractor-initiated additional work and release of data/information
Requests for follow-up or additional work and release of data/information by the Contractor must be submitted in writing to the FAA Functional Genomics Team and allow up to 20 working federal business days for the approval/denial signature. The Functional Genomics team may require the Contractor to provide additional information if deemed necessary, in which case the Functional Genomics team will have 20 working federal business days from time of receipt of the additional information to approve/deny the request. In the event that unforeseen circumstances or complications (e.g., need for additional Government approvals) require an extension, such extension timeframe will be negotiated between the Contractor and Functional Genomics team, with the Functional Genomics team having final decision authority. The original Contractor written request must include the purpose of the Contractor in their work, the Contractor’s publication/presentation strategy (including list of authors, type of publication, and estimated timing of publication), and a statement of any impacts the work may have on the study as described in this Statement of Work and associated documents and contractual agreements, including any over & above items that have been selected or agreed upon (e.g., additional tasks performed by subjects during break periods). Approval by the Functional Genomics team may include conditions that the Contractor must follow (e.g., coordination of timing of publication such that the Contractor’s publication release does not pre-publish findings intended to be released by the FAA, agreement to undergo clearance review and/or use a Disclaimer). The Contractor will be responsible for compliance with IRB guidance, 49 CFR 11, and HIPAA compliance to the extent applicable for any such Contractor follow-up or additional work.
H.5 Co-authorship of FAA on Contractor-initiated publications
Authorship of key personnel of the FAA on Contractor follow-up or add-on studies is expected to follow standard industry practice, acknowledging the right of the Contractor to lead and publish such works if they received written signed approval, as described above. However, any publication by the Contractor arising from work funded in part or entirety by the Contract resulting from this solicitation and associated documents, must include an offer of co-authorship to the FAA and provision of opportunities for involvement as appropriate for meeting co-authorship requirements by peer-reviewed journals and standard industry practice. The FAA team may accept or decline the opportunity for involvement and co-authorship. The Contractor must agree to follow the Office of Aerospace Medicine’s clearance review process prior to publication, presentation, and release of any data associated with this study, and/or to use a Disclaimer statement (e.g., that opinions expressed in the publication are those of the authors and not necessarily those of the U.S. Government), as appropriate and as determined necessary by the FAA. In any cases in which an employee of the FAA is an author, the clearance process must be followed.
H.6 Conditions after data/information has been released in written publicly accessible literature
After the Functional Genomics team has published a piece of data in written literature (e.g., peer-reviewed journal article), it is understood that the Contractor and the general public may choose to perform follow up analyses of data contained in the literature after it is made publicly available without seeking FAA approval. It is expected, however, that the Contractor will not abuse its potential foreknowledge of such data to publish findings before the FAA, that it is aware the FAA plans to publish in subsequent articles; such awareness is anticipated to evolve from the collaboration of the Contractor on one or more publications resulting from the study funded by this contract as stated at the outset of this clause. If the publication includes new information that has not been published by the FAA in written publicly accessible literature, such as additional data from Contractor-initiated studies whose collection was funded at least in part by this contract (including any over & above items), then the FAA must be granted the opportunity for co-authorship as stated above.
3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2018)
(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:
(1) Contracts written on paper and contracts in electronic form;
(2) Pen-and-ink signatures and electronic signatures; and
(3) Other legally-required written records and the same information in electronic form.
(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.
(c) Certain documents may need to be provided or maintained in original form, such as large scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.
(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.
(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section
5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.
(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:
Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.
(End of Clause)
3.8.2-17 KEY PERSONNEL AND FACILITIES (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:
(List key personnel and/or facilities)
(End of clause)
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 (JUL 2018)
3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(OCT 2015)
3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2011)
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)
3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.3.1-1 PAYMENTS (JUL 2018)
3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (JUL 2018)
3.3.1-7 LIMITATION ON WITHHOLDING OF PAYMENTS (JUL 2018)
3.3.1-8 EXTRAS (JUL 2018)
3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)
3.3.1-17 PROMPT PAYMENT (JUL 2018)
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
(JUL 2018)
3.3.2-1 FAA COST PRINCIPLES (JAN 2016)
3.3.2-2 REIMBURSEMENT FOR TRAVEL AND SUBSISTENCE (APR 2010)
3.4.1-13 ERRORS AND OMISSIONS (JUL 1996)
3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT 1996)
3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (APR 2013)
3.5-1 AUTHORIZATION AND CONSENT (JAN 2019)
3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JAN
2009)
3.5-3 PATENT INDEMNITY (APR 2017)
3.6.2-2 CONVICT LABOR (APR 1996)
3.6.2-9 EQUAL OPPORTUNITY (AUG 1998)
3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (OCT 2018)
3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2018)
3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (OCT 2018)
3.6.2-39 TRAFFICKING IN PERSONS (APR 2019)
3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (JAN 2019)
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)
3.9.1-1 CONTRACT DISPUTES (OCT 2011)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE V (APR 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.1-26 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (APR 2013)
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT 1996)
3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (OCT 1996)
3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)
3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)
3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(JAN 2018)
3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS (JAN 2019)
(a) The policy of the FAA is to avoid doing business with contractors, subcontractors, and consultants who have a conflict of interest or an appearance of a conflict of interest. The purpose of this policy is to maintain the highest level of integrity within its workforce and to ensure that the award of procurement contracts is based upon fairness and merit.
(b) The contractor must provide to the Contracting Officer the following information with its proposal and must provide an information update within 30 days of the award of a contract, any subcontract, or any consultant agreement, or within 30 days of the retention of a Subject Individual or former FAA employee subject to this clause:
(1) The names of all Subject Individuals who:
(i) participated in preparation of proposals for award; or
(ii) are planned to be used during performance; or
(iii) are used during performance; and
(2) The name of each individual, retained in any capacity by the contractor, who was employed by FAA during the five-year period immediately prior to the date of award; and
(3) The date on which the initial expression of interest in a future financial arrangement was discussed with the contractor by any former FAA employee whose name is required to be provided by the contractor pursuant to subparagraph (2); and
(4) The location where any Subject Individual or former FAA employee whose name is required to be provided by the contractor pursuant to subparagraphs (1) and (2), are expected to be assigned.
(c) "Subject Individual" means a current FAA employee's father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, spouse of an in-law, or a member of his/her household.
(d) The contractor must incorporate this clause into all subcontracts or consultant agreements awarded under this contract and must further require that each such subcontractor or consultant incorporate this clause into all subcontracts or consultant agreements at any tier awarded under this contract unless the Contracting Officer determines otherwise.
(e) The information as it is submitted, must be certified as being true and correct. If there is no such information, the certification must so state.
(f) Remedies for nondisclosure: The following are possible remedies available to the FAA should a contractor misrepresent or refuse to disclose or misrepresent any information required by this clause:
(1) Termination of the contract.
(2) Exclusion from subsequent FAA contracts.
(3) Other remedial action as may be permitted or provided by law or regulation or policy or by the terms of the contract.
(g) Annual Certification. The contractor must provide annually, based on the anniversary date of contract award, the following certification in writing to the Contracting Officer:
ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS
The contractor represents and certifies that to the best of its knowledge and belief that during the prior 12 month period:
[ ] A former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement and complete disclosure has been made in accordance with subparagraph (b) of AMS Clause 3.1.7-6.
[ ] No former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement, and disclosure required by AMS Clause 3.1.7-6 is not applicable.
Authorized Representative
Company Name
Date
(h) 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.
(End of clause)
3.2.4-16 ORDERING (OCT 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract. Such orders may be issued from effective period of the contract through the end of the contract period of performance.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders issued by facsimile, email or other electronic commerce methods are considered "issued" when the Government sends the order. Orders may be issued orally only if authorized in the contract.
(End of clause)
3.2.4-17 ORDER LIMITATIONS (OCT 1996)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of the estimated annual quantity as specified in Part I, Section B;
(2) Any order for a combination of items in excess of the estimated quantity as specified in Part I, Schedule B; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract, the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
3.2.4-19 REQUIREMENTS (OCT 1996)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the "Schedule" are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the "Schedule" and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the "Schedule" that are required to be purchased by the Government activity or activities specified in the "Schedule."
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the delivery date required by order(s) placed within the ordering period.
(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)
3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (OCT 2018)
(a) The Government may extend the term of this contract by written notice to the Contractor within the current performance period of the contract; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days (60 days unless a different number of days is inserted); before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 6 (months) 5 (years).
(End of clause)
3.3.1-11 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1996)
Funds are not presently available for performance under this contract beyond September 30, 2020. The FAA's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the FAA for any payment may arise for performance under this contract beyond September 30, 2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JUL 2018)
(a) Definitions. As used in this clause
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database.
"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror must enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number
(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and ZIP Code.
(iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.
(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:
(A) change the name in the SAM database;
(B) comply with the requirements of AMS regarding novation and change-of-name agreements; and
(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual…
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