6973GH-23-R-00146-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

5. PROJECT NO. (If applicable)2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ.NO.

PAGE OF PAGES

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6)

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

Items 8 and 15, and returning is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required.)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO THE AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14.

E. IMPORTANT: Contractor is not, is required to sign this document and return

ORDER NO. IN ITEM 10A.

1 3

0001 06/21/2023

AAQ-710 LOGISTICS CENTER ACQ

FAA AERONAUTICAL CENTER

PO BOX 25082

BLDG 014-AHQ, ROOM 233A

AAQ710-AFN

OKLAHOMA CITY OK 73125

x

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

separate letter or telegram which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By ___________ 1 x x

6973GH-23-R-00146

1 copies to the issuing office.

06/06/2023

(x)

The purpose of this amendment is to do the following:

1. Incorporate AMS Clause T3.6.4-26 Prohibition on Using ByteDance Covered Applications

Including TikTok (INTERIM-June 2023)

2. Extend the close date of the solicitation to 30 June 2023 at 1700 CT hours.

3. All other terms and Conditions remain unchanged and in full force and effect.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. CONTRACT AUTHORITY 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Connie M. Houpt

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

LIST OF CHANGES:

Section I - Contract Clauses was revised as follows.

Clause List was revised as follows.

AMS Clause T3.6.4-26 Prohibition on Using ByteDance Covered Applications Including TikTok (INTERIM- June 2023)

(a) Definitions. As used in this clause— “Covered Application” means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited. “Information technology” means any equipment, or interconnected system(s) or subsystem(s) of equipment that is used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency.

(1) For purposes of this definition, equipment is used by the FAA if the equipment is used by the FAA directly or is used by a contractor under an FAA contract that requires-

(i) Its use; or

(ii) To a significant extent, its use in the performance of a service or the furnishing of a product.

(2) The term "information technology" includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

(3) The term "information technology" does not include any equipment that-

(i) Is acquired by a contractor incidental to a contract; or

(ii) Contains imbedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment, such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, prohibit use of a covered application in the performance of a Federal contract. The Contractor is prohibited from using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided under this contract, if this contract requires the use of that information technology, whether expressly or to a significant extent in the performance of a service or the furnishing of a product under this contract.

(c) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (c), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services. (End of clause)

The remainder of this page has been intentionally left blank.

Section L - Instructions,Conditions, and Notices to Bidders was revised as follows.

Clause List was revised as follows.

L.1 Incorporation of Representations and Certifications

Certain representations and certifications must be made by the offeror and must be filled in as appropriate. The signature of the offeror on the face page of this SIR/RFO constitutes the making of certain representations and certifications. Award of any contract to the offeror shall be considered to have incorporated the applicable representations and certifications by reference.

All questions regarding the project/specifications/plans must be received in writing (Samantha.A.Pearce@faa.gov) no later than 3:00 p.m. CDT, 1 week prior to the closing date to allow for responses to be provided prior to due date for receipt of proposals. Mark all emails with Solicitation No. 6973GH-23-R-00145.

L.2 Submission of Supporting Cost or Pricing

It is anticipated that price analysis will be based on adequate price competition; therefore, vendors are not required to submit cost or pricing data with its proposal. However, if after receipt of offers it is determined that adequate price competition does not exist, uncertified, yet detailed, cost or pricing data may be required.

L.3 Information and Considerations Affecting Offeror Proposal Submissions

(a) The FAA intends to award a single contract to the Lowest Price, responsible Offeror.

(b) Specific attention is invited to AMS paragraph 3.2.2.3.1.2.2, Communications with Offerors. The FAA may communicate with one or more offerors at any time during the SIR process. Communications with one offeror do not necessitate communications with other offerors, since communications will be offeror-specific. Information determined to have common application and not considered prejudicial to offerors will be communicated to all offerors.

(c) This document constitutes a formal SIR/RFO for which an award may be made without further discussions/negotiations. Offerors are to consider all terms and conditions contained in the formal SIR/RFO in preparation of the proposals set forth herein.

L.4 Instructions for Preparation and Submission of Proposals

The Offeror must provide the following information needed to aid in the determination of responsibility:

The Offeror must complete and submit two “Experience Information” forms that include one project per form, SIR attachment J.3 Experience Information Form. If offeror anticipates using a subcontractor to complete a major portion of this requirement, one of the “Experience Information” forms may cover a project from the subcontractor’s past. All blocks must be filled in and all data must be accurate, current, and complete. All projects submitted must have been underway or completed within the last three years, be relative in scope to the solicitation, and the projects must be valued at or over $60,000. If the Offeror does not have prior prime contracts to cite, then the Offeror may cite instances on which it has served as a primary subcontractor.

Solicitation No. 6973GH-23-R-00145 Offer Closing Date: 30 June 2023 Offer Closing Time: 5:00 P.M. (1700 hours), CENTRAL TIME

L.5 Disposition of Unsuccessful Proposals

The FAA will retain one electronic copy of all unsuccessful proposals.

The remainder of this page has been intentionally left blank.