6973GH-24-R-00170.pdf

SOLICITATION, OFFER AND AWARD

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

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

5. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

PAGE OF PAGES

1 57

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

9. FOR

INFORMATION

CALL

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

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

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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E

D

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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-24-04429

AAQ740-AFN

AAQ-740 TRAINING & AVIATION ACQ

FAA AERONAUTICAL CENTER

PO BOX 25082

BLDG 014-AHQ, ROOM 233A

OKLAHOMA CITY OK 73125

1700 CT

Shelley A. Howard 405 Shelley.A.Howard@faa.g ov 954-7883

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PAGE(S)

Shelley A. Howard

6973GH-24-R-00170

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 57

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

6973GH-24-R-00170

Delivery: 12/01/2024

Delivery Location Code: A6973K9M

A6973K9M

6973K9 FAA AERO CENTER AMA-260

CONTRACTS PROG ADM BR,ANF1 RM204A

PO BOX 25082 M

OKLAHOMA CITY OK 731250082 US

Mark For:

Katie Nguyen

Period of Performance: 12/01/2024 to 11/30/2029

00001 The Line Item listed on this SF30 is for

Government Use Only. Please reference Section B

Pricing for the contract Line Items.

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

Air Tractor Pilot Training

Base Year Per Student Total Cost 12/01/2024 - 11/30/2025

CLIN 0001

Air Tractor Initial Pilot Qualification Training $___________ $___________

FAA21800081

2 students

a. Air Tractor Ground School _______________ hours

b. Air Tractor Simulator ______________ hours

c. Air Tractor Flight Training ______________ hours (including the end of course practice test) Total Number of Days ___________Approximately

CLIN 0002

Air Tractor Initial Pilot Qualification Training $___________ $__________ Flight Test Engineer (FTE) pair with Flight Test Pilot

FAA21800141

1 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator/Flight observation back seat hours __________ hours Total Number of Days ___________Approximately

CLIN 0003

Air Tractor Recurrent Pilot Qualification Training $___________ $__________

FAA21800142

0 students

a. Air Tractor Ground School ___________ hours

b. Air Tractor Simulator ___________ hours

c. Air Tractor Flight Training __________ hours Total Number of Days ___________Approximately

CLIN 0004

Air Tractor Recurrent Pilot Qualification Training Flight Test Engineer (FTE) pair with Flight Test Pilot $___________ $__________

FAA21800143

0 students

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator/Flight observation back seat hours __________ hours Total Number of Days ___________Approximately

CLIN 0005

Optional Over and Above Supplemental Training Hours $___________ $__________

a. Ground School _________cost/hours

b. Flight ___________cost/hours

Base Year Total $________________

Option Year One 12/01/2025 - 11/30/2026

CLIN 0006

Air Tractor Initial Pilot Qualification Training $___________ $___________

FAA21800081

2 students

a. Air Tractor Ground School ___________ hours

b. Air Tractor Simulator ___________ hours

c. Air Tractor Flight Training _____________hours (including the end of course practice test) Total Number of Days ___________Approximately

CLIN 0007

Air Tractor Initial Pilot Qualification Training $___________ $__________ Flight Test Engineer (FTE) pair with Flight Test Pilot

FAA21800141

1 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator/Flight observation back seat hours __________ hours Total Number of Days ___________Approximately

CLIN 0008

Air Tractor Recurrent Pilot Qualification Training $___________ $__________

FAA21800142

1 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator __________ hours

c. Air Tractor Flight Training __________ hours Total Number of Days ___________Approximately

CLIN 0009

Air Tractor Recurrent Pilot Qualification Training Flight Test Engineer (FTE) pair with Flight Test Pilot $___________ $__________

FAA21800143

1 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator/Flight observation back seat hours __________ hours Total Number of Days ___________Approximately

CLIN 0010

Optional Over and Above Supplemental Training Hours $___________ $__________

a. Ground School _________ cost/hours

b. Flight ___________cost/hours

Option Year One Total $________________

Option Year Two 12/01/2026 - 11/30/2027

CLIN 0011

Air Tractor Initial Pilot Qualification Training $___________ $___________

FAA21800081

1 student

a. Air Tractor Ground School ___________hours

b. Air Tractor Simulator __________ hours

c. Air Tractor Flight Training _________ hours (including the end of course practice test) Total Number of Days ___________Approximately

CLIN 0012

Air Tractor Initial Pilot Qualification Training $___________ $__________ Flight Test Engineer (FTE) pair with Flight Test Pilot

FAA21800141

0 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator/Flight observation back seat hours __________ hours Total Number of Days ___________Approximately

CLIN 0013

Air Tractor Recurrent Pilot Qualification Training $___________ $__________

FAA21800142

2 students

a. Air Tractor Ground School _____________ hours

b. Air Tractor Simulator ____________ hours

c. Air Tractor Flight Training __________ hours Total Number of Days ___________Approximately

CLIN 0014

Air Tractor Recurrent Pilot Qualification Training Flight Test Engineer (FTE) pair with Flight Test Pilot $___________ $__________

FAA21800143

1 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator/Flight observation back seat hours __________ hours Total Number of Days ___________Approximately

CLIN 0015

Optional Over and Above Supplemental Training Hours $___________ $__________

a. Ground School _________cost/hours

b. Flight ___________cost/hours

Option Year Two Total $________________

Option Year Three 12/01/2027 - 11/30/2028

CLIN 0016

Air Tractor Initial Pilot Qualification Training $___________ $___________

FAA21800081

1 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator ____________ hours

c. Air Tractor Flight Training ____________ hours (including the end of course practice test) Total Number of Days ___________Approximately

CLIN 0017

Air Tractor Initial Pilot Qualification Training $___________ $__________ Flight Test Engineer (FTE) pair with Flight Test Pilot

FAA21800141

0 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator/Flight observation back seat hours __________ hours Total Number of Days ___________Approximately

CLIN 0018

Air Tractor Recurrent Pilot Qualification Training $___________ $__________

FAA21800142

2 students

a. Air Tractor Ground School ___________ hours

b. Air Tractor Simulator __________ hours

c. Air Tractor Flight Training __________ hours Total Number of Days ___________Approximately

CLIN 0019

Air Tractor Recurrent Pilot Qualification Training Flight Test Engineer (FTE) pair with Flight Test Pilot $___________ $__________

FAA21800143

1 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator/Flight observation back seat hours __________ hours Total Number of Days ___________Approximately

CLIN 0020

Optional Over and Above Supplemental Training Hours $___________ $__________

a. Ground School ___________cost/hours

b. Flight ___________cost/hours

Option Year Three Total $________________

Option Year Four 12/01/2028 - 11/30/2029

CLIN 0021

Air Tractor Initial Pilot Qualification Training $___________ $___________

FAA21800081

1 student

a. Air Tractor Ground School _____________ hours

b. Air Tractor Simulator ______________ hours

c. Air Tractor Flight Training _____________ hours (including the end of course practice test) Total Number of Days ___________Approximately

CLIN 0022

Air Tractor Initial Pilot Qualification Training $___________ $__________ Flight Test Engineer (FTE) pair with Flight Test Pilot

FAA21800141

0 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator/Flight observation back seat hours __________ hours Total Number of Days ___________Approximately

CLIN 0023

Air Tractor Recurrent Pilot Qualification Training $___________ $__________ 2 students

a. Air Tractor Ground School ____________hours

b. Air Tractor Simulator __________ hours

c. Air Tractor Flight Training __________ hours Total Number of Days ___________Approximately

CLIN 0024

Air Tractor Recurrent Pilot Qualification Training Flight Test Engineer (FTE) pair with Flight Test Pilot $___________ $__________

FAA21800143

1 student

a. Air Tractor Ground School __________ hours

b. Air Tractor Simulator/Flight observation back seat hours __________ hours Total Number of Days ___________Approximately

CLIN 0025

Optional Over and Above Supplemental Training Hours $___________ $__________

a. Ground School __________cost/hours

b. Flight ___________cost/hours

Option Year Four Total $_______________

Total $______________

*Note: This is a Firm Fixed Price, Indefinite Delivery Requirements type contract. The precise quantities of services, and support required is unknown and will be ordered on an as-needed basis with the issuance of Task Orders. Task Orders will be issued with Not-to-Exceed line item(s). Prices are pre-established with Section B Unit Prices. Estimated requirements are not a representation to an offeror or contractor that the estimated quantity will be ordered, or that conditions affecting requirements will be stable or normal

Clause List

PART 3.6.1 SMALL BUSINESS UTILIZATION PROGRAM

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

The contractor is to provide initial and recurrent ground school and flight training for FAA Aircraft Certification Flight Test Pilots in Air Tractor aircraft. Student quotas for this course are assigned by the Aircraft Certification Service – Enterprise Operations Division AIR-900. The course covered under this Purchase Order will meet the requirements for FAA formal flight training. FAA formal flight training consists of training courses with agency level course numbers that will be officially recorded in the employee’s personnel records.

See Section J attachment 1 (Performance Work Statement) for additional information.

Clause List

Section D - Packaging and Marking

Section E - Inspection and Acceptance Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

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:

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

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 (1996)

Section F - Deliveries or Performance

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

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:https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

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.

AC0180 PRINCIPAL PLACE OF TRAINING (JAN 1997)

The contractor shall enter below the principal place of performance where ground school training will be conducted.

In the event the Air Tractor Initial and Recurrent Pilot Qualification Training is conducted at a location other than where the ground school is located, the contractor shall furnish all necessary transportation to these location(s). If air transportation is arranged by the contractor, such transportation shall consist of a confirmed reservation in 'coach' class as a minimum for each student.

Air Tractor Training (City and State) _____________________________________

AC1604 CONTRACT PERIOD (JUN 2015)

The effective period of this contract is 1 year from 12/01/2024, plus four 12-month option periods.

https://fast.faa.gov/contractclauses.cfm

Section G - Contract Administration Data Clause List

G.1 ACCOUNTING AND APPROPRIATIO DATA

Accounting and Appropriation data will be set forth on individual task orders issued hereunder.

G.2 CORRESPONDENCE PROCEDURES

(a) To promote timely and effective administration, correspondence submitted under this contract (except for invoices and reports) shall be subjected to the following procedures:

(1) Correspondence Preparation. All correspondence shall contain a subject line commencing with the contract number.

(2) Technical correspondence of a routine nature shall be addressed to the designated COR with an information copy of the correspondence sent to the CO.

(3) Other correspondence, including technical correspondence where patent or technical data issues (if any) are involved, or correspondence which proposes or otherwise involves waivers, deviations, or modifications to the contract requirements, terms and conditions, etc. shall be addressed to the CO with an information copy of correspondence sent to the COR.

(b) Invoices shall be submitted in accordance with Clause 3.3.1-40.

G.3 FAA CONTRACTING OFFICER'S (CO) AUTHORITY

(a) The FAA CO assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting: ensuring compliance with the terms and conditions of the contract and safeguarding the interests of the United States in its contractual relationships. In this regard, the CO is the only individual who has the authority to enter into administer or terminate this contract. In addition, the CO is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, this authority remains solely with the CO.

(b) It is the responsibility of the contractor to contract the CO immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. Work not ordered by the CO and/or work outside the scope of the contract shall not be reimbursed by the Government.

(c) The contractor shall immediately notify the CO for clarification when a question arises regarding the authority of any person to act for the CO under this contract.

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

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:https://fast.faa.gov/contractclauses.cfm.

(End of clause)

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.

AC2604 INCREMENTAL FUNDING (JAN 1997)

(a) The Government reserves the right to incrementally fund this contract on a periodic basis to promote efficiency in the utilization of fiscal allotments through the routine budget process or the use of interim funding measures such as under congressional ""continuing resolution"" procedures.

(b) Delivery orders will be periodically issued to provide a not-to-exceed amount of funds. Such amount will be sufficient to cover contract performance for the period specified in the order, plus an estimated cost for terminating the contract should additional funds not be available to continue performance under the contract.

(c) This clause becomes inoperative when the contract period is fully funded.

Section H - Special Contract Requirements Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

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:https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JAN 2022)

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)

3.8.2-17 KEY PERSONNEL AND FACILITIES (JUL 2019)

(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 must notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and must submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(c) No diversion will 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)

AC0148 NOTIFICATION OF ABSENCE, ILLNESS, INJURY, OR DEATH OF FAA STUDENTS

(JUL 2015)

Procedures for communicating student absences, serious illness, injuries, or death to an FAA student shall be as follows:

(a) In the event that an FAA student has been scheduled for training and does not arrive to begin training by noon local time, the contractor shall immediately notify the designated Training Coordinator's (TC) office.

(b) In the event an FAA student is absent from class for any reason and has not notified the instructor in charge, the contractor shall immediately notify the TC's office.

(c) Whenever a student becomes ill or is injured, the contractor shall immediately notify the TC's office.

(d) In the case of the death of a student, the contractor shall contact immediately the student's home duty office and the TC's office.

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.

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 2019)

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:https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)

3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (JUL 2018)

3.2.2.3-33 ORDER OF PRECEDENCE (APR 2024)

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 2023)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2019)

3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 2021)

3.2.5-3 GRATUITIES OR GIFTS (OCT 2019)

3.2.5-4 CONTINGENT FEES (OCT 1996)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2019)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 2024)

3.3.1-7 LIMITATION ON WITHHOLDING OF PAYMENTS (JUL 2018)

3.3.1-8 EXTRAS (JUL 2018)

3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)

3.3.1-14 LIMITATION OF FUNDS (JUL 2018)

3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)

3.3.1-17 PROMPT PAYMENT (JAN 2021)

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 (OCT 2019)

3.4.1-12 INSURANCE (OCT 2019)

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 (JUL 2019)

3.5-1 AUTHORIZATION AND CONSENT (APR 2023)

3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

(JAN 2009)

3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (OCT 2019)

3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (JUL 2023)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-9 EQUAL OPPORTUNITY (JUL 2023)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (APR 2022)

3.6.2-13 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (APR 2022)

3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (OCT 2018)

3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (JUL 2023)

3.6.2-39 TRAFFICKING IN PERSONS (JUL 2023)

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

ACT (JUL 2023)

3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (JAN 2020)

3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (JAN 2020)

3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (JAN 2020)

3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (JAN 2020)

3.6.4-2 BUY AMERICAN ACT - SUPPLIES (JAN 2024)

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

3.6.6-1 DRUG FREE WORKPLACE (APR 2023)

3.6.6-2 SEAT BELT USE BY CONTRACTOR EMPLOYEES (APR 2023)

3.6.6-3 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JUL 2023)

3.8.2-19 PROHIBITION ON ADVERTISING (JUL 2019)

3.8.9-2 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (JUL 2023)

3.9.1-1 CONTRACT DISPUTES (JAN 2020)

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)

3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)

3.10.1-28 CHANGES REQUIRED BY AMS (JAN 2024)

3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT

1996)

3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (JAN 2020)

3.13-11 PLAIN LANGUAGE (JUL 2006)

3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2023)

3.2.4-16 ORDERING (OCT 2019)

(a) Any supplies and services to be furnished under this contract must 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 12/01/2024 through 11/30/2029.

(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 must 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 2019)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the required amount in Schedule B, 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 class requirement in Schedule B;

(2) Any order for a combination of items in excess of the class requirement in Schedule B; or

(3) A series of orders from the same ordering office within 5 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 must honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 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 2019)

(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 must not constitute the basis for an equitable price adjustment.

(b) Delivery or performance must 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 must 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 will 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 must be completed by the Contractor within the time specified in the order. The contract must 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 must not be required to make any deliveries under this contract after the last day of the contract ordering period, including exercised options.

(End of clause)

3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (JUL 2021)

(a) The Government may extend the term of this contract by written notice (contract modification) to the Contractor prior to the expiration of the current period of performance provided, that the Government will 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 must be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, must not exceed 6 (months) 5 (years).

(End of clause)

3.3.1-1 PAYMENTS (JUL 2018)

The FAA will pay the Contractor, upon the submission of proper invoices, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract.

Unless otherwise specified, payment will be made upon acceptance of partial deliveries or any portion of the work delivered or rendered for which a price is separately stated in the contract.

(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 09/30/2025. 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 09/30/2025, 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 (JAN 2024)

(a) Definitions. As used in this clause

"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the Unique Identity Identifier (UEI) or the Electronic Funds Transfer indicator, 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.

"Unique Entity Identifier (UEI)" (also known as the Unique Entity ID) means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

"Electronic Funds Transfer indicator" means a 4-character suffix to the Unique Entity Identifier. 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.

(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 UEI or EFT indicator that identifies the offeror's name and address exactly as stated in the offer. The UEI 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 UEI, it should contact www.sam.gov directly to obtain one.

The offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company Physical Street Address, City, State, and ZIP Code.

(4) Company Mailing Address, City, State and ZIP Code (if different from physical street address).

(5) Company Telephone Number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) 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 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 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 certified as an SDVOSB under the Small Business Administration's Veteran Small Business Certification Program (VetCert).

(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 confirmation requirements via the internet at http://www.sam.gov.

(End of Clause)

3.3.1-36 AVAILABILITY OF FUNDS - OPTION PERIODS UNDER A CONTINUING RESOLUTION

(APR 2008)

Due to the possibility of the enactment of a continuing resolution in lieu of an annual appropriation, full fiscal year funding may not be available for an entire contract option period. In the event of a continuing resolution, FAA will only be liable for an amount based on the time period specified by the continuing resolution. The amount of funds made available by the continuing resolution will be specified by subsequent modification. If the contractor provides services in excess of the funded amount or beyond the covered period, the contractor does so at its own risk.

(End of Clause)

3.3.1-37 LIMITATION ON GOVERNMENT'S OBLIGATION (JUL 2018)

(a) Of the total price of contract line item number(s) (CLINs) 0, $0.00 is presently available for payment and allocated to these CLINs.

(b) The Contractor agrees to perform on these CLINs up to the point at which, in the event of termination of this contract pursuant to the applicable "Termination for Convenience of the Government" clause, the total amount payable by the Government (including amounts payable in respect of subcontracts and settlement costs,) pursuant to paragraph (c) below, would in the exercise of reasonable judgment by the Contractor approximate the total amount currently allotted to the contract. The Contractor is not authorized to continue work on these CLINs beyond this point. The Government is not obligated to reimburse the Contractor in excess of the amount from time to time allotted to the contract, regardless of anything to the contrary in "Termination for Convenience of the Government."

(c) Funds presently allotted to this contract are estimated to cover the work to be performed until N/A. If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until this date, or an agreed substitute date, the Contractor must notify the Contracting Office in writing when within the next 30 days the work will reach a point at which, in the event of termination of this contract pursuant to "Termination for Convenience of the Government," the total amount payable by the Government pursuant to paragraph (e) below, will approximate 85 percent of the total amount then allotted to the contract. The notice must state the estimated date when this point will be reached and the estimated amount of additional funds required to continue performance to the above or an agreed substitute date. The Contractor must, 30 days prior to the date above written or agreed substitute date, advise the Contracting Officer in writing as to the estimated amount of additional funds which will be required for the timely performance of the CLINs for a further period as may be specified in this clause or otherwise agreed to by the parties. If after this notification, additional funds are not allotted by the date above written or by an agreed substitute date, the Contracting Officer will, upon written request of the Contractor, terminate this contract on such date or the date set forth in the request, whichever is later, pursuant to "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the CLINs, the parties will agree on the applicable period of contract performance that will be covered by such funds. Paragraphs (b) and (c) above apply to the additional allotted funds and agreed substituted date and the contract will be modified accordingly.

(e) If the Contractor incurs additional costs, or is delayed in the performance of the work under this contract, solely by the reason of the failure of the Government to allot additional funds in amounts sufficient for the timely performance of this contract, and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the CLINs, in the time of delivery, or in both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the "Contract Disputes" Clause.

(f) The Government may at any time prior to termination, and with the consent of the Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination will in no way be deemed to limit the rights of the Government under the applicable AMS "Default" clause. The provisions of this clause are limited to the work on and allotment of funds for the CLIN(s) in paragraph (a) above. This clause no longer applies upon the allotment of funds for the total price of the CLINs except for rights and obligations existing under this clause.

(h) Nothing in this clause will affect the right of the Government to terminate this contract pursuant to "Termination for Convenience of the Government." In the event of a conflict between this clause and any other term or condition of this contract, this clause will take precedence.

3.3.1-40 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2022)

(a) Definitions. As used in this clause-

(1) "Contract financing" is a contractual authorization for payments to a contractor prior to acceptance of products or services by FAA.

(2) "Payment request" means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in this clause, and the applicable Payment clause and invoicing requirements included in this contract

(3) "Electronic form" means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) "Invoice payment" means a Government disbursement of monies to a Contractor under a contract or other authorization for supplies or services accepted by the Government. This includes payments for partial deliveries that have been accepted by the Government, final payments under T&M and labor-hour contracts, and final cost or fee payments where amounts owed have been settled between the Government and the Contractor.

(b) Electronic payment requests. Except as provided in paragraph (f) of this clause, the contractor must submit payment requests in electronic form. Purchases paid with a Government purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Federal Aviation Administration utilizes the Delphi eInvoicing web-portal for processing invoices.

Contractors submitting invoices are required to submit invoices via the Delphi eInvoicing web portal which is accessed and authenticated via www.login.gov

(d) In order to receive payment and in accordance with prompt payment standards, contractors must submit a proper invoice. All invoices submitted as attachments in the Delphi eInvoicing web-portal must contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount billed (by CLIN), current and cumulative.

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

(8) Name, title, phone number, mailing address, and email address (if available) of person to be contacted in the event of a defective invoice.

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/.

(2) To create a login.gov account, the user will need a…