16 SIR_6973GH-24-R-00153_CBP CBTT ERT 2.pdf

SEE ADDENDUMIS CHECKED.

CODE 17a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE 16a. CONTRACTOR/

TELEPHONE NO.

16b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

AAQ721-AFN

BLDG 014-AHQ, ROOM 233A

PO BOX 25082

FAA AERONAUTICAL CENTER

AAQ-721 LOGISTICS CENTER ACQ

YLBP116M

TUCSON AZ 857569123

6692 S MEMORIAL PL

TUSCON PSF ATTN: Guy Good

LBP116 CBP OTIA PRIMARY SUPPORT FAC

YLBP116M

CODE 15. ADMINISTERED BYCODE 14. DELIVER TO

X

X

X

SEE SCHEDULE

BLOCK IS MARKED

334519

SIZE STANDARD:

% FORSET ASIDE

UNRESTRICTED

AAQ0721-AFN

OKLAHOMA CITY OK 73125

BLDG 014-AHQ, ROOM 233A

PO BOX 25082

FAA AERONAUTICAL CENTER

AAQ-721 LOGISTICS CENTER ACQ

RFPIFB

11. DELIVERY FOR FOB10. THIS ACQUISITION ISCODE 9. ISSUED BY

RFQ

13. METHOD OF SOLICITATION

DESTINATION UNLESS

SIC:

SMALL BUSINESS

12. DISCOUNT TERMS

1700 ES405-954-7734Tamara Maxwell (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER2. CONTRACT NO.

7.

6. SOLICITATION

6973GH-24-R-00153

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2AC-24-04154

OFFEROR TO COMPLETE BLOCKS 12, 16, 22, 23, & 28

OKLAHOMA CITY OK 73125

3. AWARD/

EFFECTIVE DATE

See block 29a.

17b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 17a. UNLESS BLOCK BELOW

ISSUE DATE

23.

AMOUNT

22.

UNIT PRICE

21.

UNIT

20.

QUANTITY

19.

SCHEDULE OF SUPPLIES/SERVICES

18.

ITEM NO.

00001 Equipment, IAW SOW Section 5.0 & 6.0

Continued ...

27. AWARD OF CONTRACT: REFERENCE

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

40d. TOTAL CONTAINERS40c. DATE REC'D (YY/MM/DD)

40b. RECEIVED AT (Location)

40a. RECEIVED BY (Print)

26. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

38. PAID BY37. S/R VOUCHER NUMBER36. S/R ACCOUNT NUMBER

35. CHECK NUMBER

FINALCOMPLETE PARTIAL

34. PAYMENT

39c. DATE39b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

39a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32c. DATE32b. SIGNATURE OF AUTHORIZED CONTRACT AUTHORITY

REPRESENTATIVE

FINALPARTIAL

CORRECT FOR

33. AMOUNT VERIFIED 32. VOUCHER NUMBER

CONTRACT, EXCEPT AS NOTED

ACCEPTED, AND CONFORMS TO THEINSPECTEDRECEIVED

30a. QUANTITY IN COLUMN 20 HAS BEEN

29c. DATE SIGNED

28a. SIGNATURE OF OFFEROR/CONTRACTOR 29a. CONTRACT AUTHORITY (SIGNATURE OF CONTRACTING OFFICER)

28c. DATE SIGNED28b. NAME AND TITLE OF SIGNER (Type or Print) 29b. NAME OF CONTRACTING OFFICER (Type or Print)

31. SHIP NUMBER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND

CONDITIONS SPECIFIED HEREIN.

25. TOTAL AWARD AMOUNT (For Contract Authority Use Only)24. ACCOUNTING AND APPROPRIATION DATA

OFFER

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ITEM NO.

SUPPLIES/SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

6973GH-24-R-00153

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

00002 Software and Licenses, IAW SOW Section 5.0

00003 Training, IAW SOW Section 7.0 & 13.0

00004 Shipping, IAW SOW Section 9.0

TOTAL

Section B - Supplies or Services/Prices Section B - Schedule

Section B - Schedule

TERMS AND CONDITIONS LIST

In response to this solicitation, the offeror must submit the following:

(a) The offeror attests that all representations and certifications as reflected in the System for Award Management (SAM) are current and accurate as of the date the offer is submitted. The offeror shall provide immediate written notice to the Contracting Officer if at any time prior to award the offeror learns that any certification or representation in SAM was erroneous when this offer was submitted or has become erroneous by reason of changed circumstances.

(b) Offeror shall provide pricing information with enough data for the Contracting Officer to be able to determine proposed pricing as realistic for the work to be completed and fair and reasonable to the FAA and the Contractor.

Inability or refusal to provide adequate information to support the Offeror's proposed pricing could result in a determination that prices cannot be determined realistic, or fair and reasonable for the work to be performed.

(c) Offeror must complete all highlighted fields in the SIR document in accordance with Attachment 01 titled "03F SOW_6973GH-24-R-00153 - CBP CBTT ERT #2" and Attachment 02 titled "16 SIR Section B_6973GH-24-R-00153 - CBP CBTT ERT #2."

(d) Offeror shall submit all required information not later than the date and time provided by the Contracting Officer in the conveying email of this Request for Proposal.

EVALUATION OF PROPOSAL

(a) The offeror's proposal shall be evaluated by the Contracting Officer for the following:

(1) Responsiveness: The offeror's submitted proposal will be evaluated for compliance with the instructions contained within the solicitation (SIR) and in accordance with the material, services, and travel listed in Attachment 01 Statement of Work (SOW). The offeror must be fully responsive to these instructions to be eligible for a contract award.

(2) Responsibility: The offerors submitted proposal will be evaluated for the responsibility of the contractor utilizing the System for Award Management (SAM.gov) and also by using affirmative responses to the representations and certifications contained within the SIR. The offeror must be determined responsible to be eligible for award.

(3) Pricing:

(a) The offeror's submitted pricing will be evaluated by the Contracting Officer. The offeror's pricing must be determined by the FAA to be realistic for the work to be completed and fair and reasonable to the FAA and the Contractor to be eligible for award.

(b) In the event that the offeror cannot be determined as eligible for award as described above, the FAA will not award a contract for this work under this direct award solicitation.

(c) The FAA reserves the right to cancel the acquisition of this requirement, at any time, and with no notice to all offerors eligible for award.

SECTION B - SCHEDULE

CLIN 00001 - Equipment, IAW SOW Section 5.0 & 6.0

Item Product Description Quantity Subtotal

00001A SYSCAL TERRA SWITCH 96: 2

Unit Unit Price

EA $______ $______

Equiped with:

Internal switching module for 96

2 connectors 48 pins or 4 connectors 24 pins each

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6 multicore cables with 5m spacing, 16 outputs each, mounted on metallic reel

4 connecting module for above multicore cables

96 cord clip

96 stainless steel electrode 33 cm long

Delivered with:

carrying case, PROSYS software for data processing and transferred to PC, ELECTRE PRO software for 2D-3D arrays design, operating manuals

00001B SWITCH TERRA 96 2 EA $______ $______

Switch terra 96 external switching unit. Adds switching capabilities to Syscal Terra SW systems. Extends the systems by 96 electrode switching capability.

Delivered with:

Transportation case

6 multicore cables with 5m spacing, 16 outputs each, mounted on metallic reel

4 connecting module for above multicore cables

96 cord clip

96 stainless steel electrode 33 cm long

00001C SYSCAL STRIP UNIT BOX 96 (Accessories) 2 EA $______ $______

Connection can be for bare wires or banana plug type: (confirm at order)

00001D CABLES SYSCAL TERRA LEAKtester 96 2 EA $______ $______

Leakage Terra Tester for SYSCAL TERRA SW 96 to test cables and internal circuitry insulation of SYSCAL TERRA

00001E CABLES SWITCH TERRA 2 EA $______ $______

490 m current extension cable delivered on metallic reel

2x Connecting box for current extension cable

CLIN 00001 TOTAL $______

CLIN 00002 - Software and Licenses, IAW SOW Section 5.0

Item Product Description Quantity Subtotal

00002A ERT LAB STUDIO 2

Unit Unit Price

EA $______ $______

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Advanced modeling and inversion software for electrical resistivity and induced polarization imaging.

Single user perpetual license

(**USB License dongle included **)

00002B ERT Lab Studio 4D Module 2 EA $______ $______

Add-on 4D/Timelapse Module for ERT Lab Studio Software license

00002C Res2D Inv (PERP)

Single site perpetual license

00002D Res2D Inv Maintenace 2 EA $______ $______

Annual maintenance fee (required for first year of perpetual license

00002E FIELDVIEW 2 EA $______ $______

Real time display of apparent resistivity pseudo section and data quality control

CLIN 00002 TOTAL $______

CLIN 00003 - Training on site (USA), IAW SOW Section 7.0 & 13.0

Item Product Description Quantity Subtotal

00003A Instructor led On-Site Training 1

Unit Unit Price

Lot $______ $______

Training on survey design, data aquisition and processing.

Four (4) full days in the field; travel costs (continental US) included

CLIN 00003 TOTAL $______

CLIN 00004 - Shipping, IAW SOW Section 9.0

Item Product Description Quantity Subtotal

00004A Shipping 2

Unit Unit Price

Lot $______ $______

CLIN 00004TOTAL $______

TOTAL $______

Clause List

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Section C - Description/Specifications Scope of Work -See attachment titled "03F SOW_6973GH-24-R-00153_CBP CBTT ERT #2"

1.0 Background

An Interagency Agreement between the Department of Homeland Security (DHS) and the Federal Aviation Administration Logistics Center (FAALC) authorizes and funds the FAALC to provide the DHS Customs and Border Protection Agency (CBP) with supply chain management support, including the award and administration of supplier contracts, as required for U.S. Border Security Systems and necessary to accomplish the U.S. Customs and Border Protection Agency’s mission. Consequently, FAA will develop, award, and administer a contractual agreement on behalf of CBP to establish a maintenance and sustainability capability that supports this effort. United States Border Patrol (USBP) is working with the Cross Border Tunnel Threat (CBTT) Program to detect and adjudicate these threats. The Federal Aviation Administration Logistics Center (FAALC) in support of CBP identifies critical mission tasks that include detecting cross-border tunnels and subterranean activity, responding to illegal activities associated with the tunnel to support law enforcement actions, and resolving final tunnel status by remediating the tunnel. This requires a unique set of tools and technology used to mitigate this extreme issue.

2.0 Scope of Work

The Federal Aviation Administration (FAA) in support of the United States Customs and Border Patrol (CBP) requires the purchase of two (2) Electrical Resistivity Tomography System packages to be used for geotechnical sampling and surveying projects. The contractor will also provide full associated technical design documentation and operator training. The contractor shall ship the equipment, materials, and supplies as directed by the FAA contracting officer or their designated representative. Each package shall have a minimum 12-month warranty from date of delivery.

3.0 Materials

The Contractor shall provide and assemble the equipment, material, and supplies listed in Section 5.0. All items must meet all of the salient physical, functional, or performance characteristics of the items specified. The Contractor shall ship the equipment, material, and supplies to the shipping name and address provided in Section 9.0.

4.0 Inventory List

Upon receiving the FAALC’s initial parts list, the contractor shall provide an obsolescence status no later than 10 days after receipt. The Contractor shall provide an initial inventory list of all items to the Contracting Officer Representative (COR) and Technical POC. The Contractor shall, also, include a copy of the inventory list with the delivered equipment and a copy of the delivered inventory list to the COR.

5.0 Required Equipment, Material, And Supplies

Table 1: Equipment Buy List

Item Description Quantity Brand Name

ERT

measurement controller

-20 simultaneous channels; resistivity and IP measurements (20 IP Windows); 100% duty cycle;

internal booster: 250W – 800V – 2,5A; internal batteries rechargeable (easily removable for transportation); color display & touch screen; Full wave signal record, up to 1 kHz sampling rate electrodes

2 Syscal Terra 96

Extension (Booster) Box/Switch

Extends the system by 96 electrode switching capability.

Delivered with:

- Transportation case

- 6 multicore cables with 5m spacing, 16 outputs each, mounted on metallic

Syscal Terra reel

- 4 connecting module for above multicore cables

- 96 cord clip

- 96 stainless steel electrod

Accessories Strip unit box 96.

Connection can be for bare wires or banana plug type: to be confirmed at the order 2

Accessories Leakage Terra tester for SYSCAL TERRA SW[96] to test cables and internal.

circuitry insulation of SYSCAL TERRA. 2

Accessories Cables between SYSCAL TERRA and SWITCH TERRA :

- 490 m current extension cable delivered on metallic reel

- 2x Connecting box for current extension cable

Software

Software][ERTLab Studio] Advanced modeling and inversion software for electrical resistivity and induced polarization imaging.

Single user perpetual license.

**Usb license dongle included**

Software [Software][ERTLab Studio][4D module] Add-on 4D/Timelapse Module for ERTLab Studio software license 2

Software [Software][Res2DInv][Perp] Single site perpetual license. 2

Software [Software][Res2DInv][Maint] Annual maintenance fee [required for first year of perpetual license]

Software [Software][FieldView] Real time display of apparent resistivity pseudo section and data quality control

6.0 Configuration Management Documentation

The contractor shall provide the following documentation required for the formal acquisition of the Electrical Resistivity Tomography System. The documentation required are:

• System Design Document

• System Hardware Architecture

• System Software Architecture

• Network Communication (if applicable)

• System Security

• System Updates

• Bill of Materials (BOM)

• Operator and Maintainer manuals

7.0 Training

The contractor shall conduct, a training course for operators on site (USA) as determined by the Government. The training course shall include 4 days of hands-on training and instruction. This instruction should include field work and instruction in data processing of the information gathered by the technology. Take away manuals are required.

Point of Contact to Schedule Training:

Jeff Lusch Program Manager, AJW-L532 Federal Aviation Administration Logistics Center jeff.lusch@faa.gov

8.0 Warranty

The Contractor shall warranty equipment for a minimum of 12 months from time of delivery, providing that the claim be submitted within the warranty period. Warranty documentation must be in writing and will include any conditions which may invalidate the warranty and procedures on how the Government can exercise warranty rights.

9.0 Deliverables And Delivery Schedule

The Contractor shall deliver the equipment within 84 calendar days (60 workdays) of award. Equipment and materials shall be free from damage and defects, including but not limited to manufacturer defects and damage as the result of handling and transport by the manufacturer and/or the Contractor. Inspection will take place at the Southwest Field Office upon arrival where any damage and/or defective equipment or materials will be communicated to the Contractor as soon as discovery. If equipment or materials are discovered to be damaged or defective, the Contractor shall replace the equipment or materials within 10 business days from the date of discovery.

The Contractor shall ship the kit to the address below:

Southwest Field Office 6692 S. Memorial Place Tucson, AZ 85756 ATTN: Guy Good 760-336-1059

The Contractor shall provide Federal Aviation Administration Logistics Center with a minimum of 48 hours advance notice of shipping to coordinate the delivery.

Acceptance of these deliveries occurs when the COR or the COR’s designee signs off on the delivered equipment.

TABLE 2: Schedule of Deliverables

Item Deliverable Referenced SOW Section Due Date

1 Inventory List 5.0 At time of delivery

2 Equipment as detailed in Section 3.3 5.0 60 calendar days after receipt of award

3 Training Package 5.0 4 Required Software Licenses 5.0

5 Technical data package that includes System Design Document (SDD), Bill of Materials (BOM), operator and maintainer manuals, etc.) 5.0

6 Warranty documentation 8.0 At time of delivery

10.0 PERIOD OF PERFORMANCE

The period of performance is 90 days after contract award.

11.0 CONTRACT TYPE

The contract will be a one-time Firm Fixed Price contract.

12.0 PROBLEM RESOLUTION

Any issues, risks, or changes identified during performing this SOW shall be reported to the Contracting Officer (CO), Contracting Officer Representative (COR), and Government Program Manager (PM), in writing via email immediately and prior to incurring any costs associated with the change and prior to performing any such change.

Only the warranted FAA Contracting Officer has the authority to bind, modify, and/or terminate contractual agreements on behalf of the FAA.

13.0 Travel

Travel will be for the purposes such as laid out in section 7.0. The contractor shall comply with GSA travel per diem rates.

14.0 Points Of Contact

Contracting Officer (CO):

Tamara M. Maxwell Contracting Officer, AAQ-710 Federal Aviation Administration Logistics Center Tamara.m.maxwell@faa.gov

Contracting Officer Representative (COR):

Keith Bradley Management and Program Analyst (COR) AJW-L511 Federal Aviation Administration Logistics Center keith.e.bradley@faa.gov

Government Program Manager (PM):

Jeff Lusch Program Manager, AJW-L532 Federal Aviation Administration Logistics Center jeff.lusch@faa.gov

Technical POC:

TBD

Clause List

AC4548 EMERGENCY SITUATIONS AND EXERCISES DURING CONTRACT PERFORMANCE

(JUL 2015)

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

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

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

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

AC4563 EMERGENCY SITUATIONS AND EXERCISES DURING CONTRACT PERFORMANCE

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

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

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

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

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

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

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

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

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

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

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

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

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

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Section D - Packaging and Marking Clause List

The Contractor shall deliver the equipment within 84 calendar days (60 workdays) of award. Equipment and materials shall be free from damage and defects, including but not limited to manufacturer defects and damage as the result of handling and transport by the manufacturer and/or the Contractor. Inspection will take place at the Southwest Field Office upon arrival where any damage and/or defective equipment or materials will be communicated to the Contractor as soon as discovery. If equipment or materials are discovered to be damaged or defective, the Contractor shall replace the equipment or materials within 10 business days from the date of discovery.

The Contractor shall ship the kit to the address below:

Southwest Field Office 6692 S. Memorial Place Tucson, AZ 85756 ATTN: Guy Good 760-336-1059

The Contractor shall provide CBP with a minimum of 48 hours advance notice of shipping to coordinate the delivery.

Acceptance of these deliveries occurs when the COR or the COR’s designee signs off on the delivered equipment.

AC2110 PRESERVATION, PACKAGING, PACKING, AND MARKING (JUN 2015)

Preservation, packaging, and packing shall be in accordance with the industry's standard commercial practices to protect from contamination and damage. The outside of the shipping container shall be marked with the applicable contract number and delivery order number.

Section E - Inspection and Acceptance Clause List

3.10.4-2 INSPECTION OF SUPPLIES - FIXED PRICE (NOV 1997)

3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)

AC1908 INSPECTION AND ACCEPTANCE AT DESTINATION (JUN 2015)

(a) Final inspection and acceptance shall be at destination.

(b) Although source inspection by the Government is not anticipated under this contract, the provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled 3.10.4-2 Inspection of Supplies - Fixed Price (Nov-97).

Section F - Deliveries or Performance Clause List

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

3.2.2.8-6 TIME OF DELIVERY (NOV 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

(Contracting Officer insert specific details)

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE

OF CONTRACT

00001 See Section B Schedule. 60 calendar days after receipt of award

00002 See Section B Schedule. 60 calendar days after receipt of award

00003 See Section B Schedule. TBD 00004 See Section B Schedule. TBD

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE

OF CONTRACT

(b) Attention is directed to provisions of the screening information request/contract that provide that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (i) five calendar days for delivery of the award through the ordinary mails, or (ii) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term 'working day' excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer may be rejected.

(End of clause)

00001 00002 00003 00004

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AC1817 ACCELERATED DELIVERY (JAN 1997)

Any Schedule for delivery or performance may be expedited at the contractor's option, if without additional expense to the Government.

AC0118 DELIVERY SCHEDULE (SUPPLIES) (JAN 1997)

(a) The Government desires and requires delivery of the supplies under this contract within the number of calendar days stated below beginning on the date of contractor's receipt of order:

Line Qty to be Delivery Time

Item Delivered Desired Proposed Required

(1) (2) (3) (4) (5)

Initial [insert # of units] Units in [insert # of days] days in [insert # of days] days in [insert # of days] days

Quantity

Additional quantities after delivery time established for the initial quantity at the rate of: [insert # of units] Units in [insert # of days] days in [insert # of days] days in [insert # of days] days

(b) If the offeror is unable to meet the DESIRED delivery schedule set forth in column (3) above, he may enter in column (4) the delivery schedule he is prepared to meet. Specifically, should the Government determine such proposed delivery schedule to be unacceptable the Government reserves the right to award to an offeror submitting other than the lowest offer as to price, if such action will provide an acceptable delivery and is determined to be in the best interests of the Government. In addition, the Government reserves the right to award under either the REQUIRED delivery time(s) or the proposed delivery time(s), when an offeror offers an earlier delivery time than required in column (5) above. If the offeror proposes no other delivery time(s), the DESIRED delivery time(s) in column (3) will apply.

(c) It is assumed that Order(s) issued under this contract will be received by the contractor in at least 10 calendar days after issuance by the Government. Accordingly, the delivery time for delivery orders issued hereunder will be increased to reflect the assumed transmission time.

Section G - Contract Administration Data Clause List

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

AC4530 WARRANTY - COMMERCIAL PRODUCTS (JUN 2015)

(a) The contractor warrants that the products (‘products’ includes equipment, fabrication processes, raw or finished materials, and intermediate assemblies) conform to contract requirements. The contractor also warrants that products are free of design defects (except defects in FAA-provided final designs) and defects in materials or workmanship.

(b) The contractor shall replace or repair any products which fail in operation within 12 months from the date of receipt. The Contracting Officer will give written notice of any defect or nonconformance to the contractor within a reasonable period of time after discovery. Replacements of contract items shall be made promptly and on an FOB destination basis. FAA will install replacements at no expense to the contractor.

(c) Products replaced under the provisions of this warranty shall remain the property of FAA unless the contractor wishes to obtain ownership. In this case, the contractor shall notify FAA of such in writing not later than the date of receipt by FAA of the replacement products. The contractor is responsible for packaging and shipping costs.

(d) The rights and remedies of FAA provided in this clause are in addition to and do not limit any rights afforded to FAA by any other clause of this contract or under applicable Federal or State law, including the Uniform Commercial Code.

AC4550 DELIVERIES TO THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (JUL

2015)

(a) Security procedures at the MMAC require that all mail, materials, packages or parcels of any kind be delivered to a central screening point, for inspection by the FAA. This affects mail and other deliveries destined for all organizations located on MMAC property, including government organizations, contractors and permit holders.

After passing security inspection, the mail or material may be handled and delivered by the FAA. FAA will make every reasonable effort to conduct inspections and handle items in a careful manner so as to avoid damage or delay.

(b) This inspection is for the benefit of the FAA only. The FAA makes no representation that any material passing inspection is without hazard, poses no threat, or that it conforms in form, fit, function or quantity to the expectations of the intended recipient.

(c) The FAA shall not be liable for any 1) loss, damage or shortage of any mail or materials, 2) injury, or 3) delay in performance resulting from such inspection and handling, unless liable under the Federal Tort Claims Act (28 U.S.C. 2671-2680).

(d) Any item destined for the contractor that fails to pass inspection remains the property of the contractor, who is responsible for its disposition and coordination with law enforcement agencies as necessary.

Section H - Special Contract Requirements Clause List

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)

(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)

3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JAN 2022)

(a) Definitions.

(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.

(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.

(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:

(i) The awarding of any Federal contract.

(ii) The making of any Federal grant.

(iii) The making of any Federal loan.

(iv) The entering into of any cooperative agreement.

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.

(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

(7) "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:

(i) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.

(ii) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.

(iii) A special Government employee, as defined in section 202, title 18, United States Code.

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States Code, appendix 2.

(8) 'Person,' as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(9) 'Reasonable compensation,' as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

(10) 'Reasonable payment,' as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

(11) 'Recipient,' as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(12) 'Regularly employed,' as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person must be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

(13) 'State,' as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi- State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal action) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the screening information request (SIR), the offeror must complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this clause in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 must disclose accordingly.

(4) This certification and disclosure is a prerequisite for making or entering into this contract imposed by the Act.

Any person who makes a prohibited expenditure or fails to file or amend a disclosure form, must be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure.

(c) The prohibitions of the Act do not apply under the following conditions:

(1) Agency and legislative liaison by its own employees.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.

(ii) For purposes of subdivision (c)(1)(i) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(iii) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:

(A) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(iv) The following agency and legislative liaison activities are permitted where they are prior to Screening Information Request (SIR) of any covered Federal action:

(A) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(B) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(C) Capability presentations by persons seeking awards from an agency pursuant to the provisions of a law authorizing such actions;

(v) Only those services expressly authorized by subdivision (c)(1)(i) of this clause are permitted under this clause.

(2) Professional and technical services.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of:

(A) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(B) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(ii) For purposes of subdivision (c)(2)(i) of this clause, 'professional and technical services' must be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a submittal/offer by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's submittal/offer, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services.

Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a submittal/offer are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.

(iii) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(iv) Only those services expressly authorized by subdivisions (c)(2)(i) and (ii) of this clause are permitted under this clause.

(v) The reporting requirements herein must not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

(d) Disclosure.

(1) If the Contractor, who requests or receives from an agency a Federal contract, has made or has agreed to make any payment using non-appropriated funds (to include profits from any Covered Federal action), to any person for the purpose of influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with a Covered Federal action, the Contractor must file with that agency a disclosure form, OMB Standard Form LLL, Disclosure of Lobbying Activities..

(2) The Contractor must file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (d)(1) of this clause. An event that materially affects the accuracy of the information reported includes:

(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or

(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or

(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

(3) The Contractor must require the certification, and if required, a disclosure form by any person who requests or receives any subcontractor exceeding $150,000 under the Federal contract.

(4) All subcontractor disclosure forms must be forwarded from tier to tier until received by the prime Contractor.

The prime Contractor must submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor.

(e) Agreement. The Contractor agrees not to make any payment prohibited by this clause.

(f) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or fails to file or amend the disclosure form to be filed or amended by paragraph (b) must be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representations made by their subcontractors in the certification and in the disclosure form.

(g) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(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.