6973GH-24-R-00177 REVISED SIR.pdf

Stefanie Wiles &/or Amanda Garen stefanie.wiles@faa.gov 405-957-3577 &/or 405-

REVISED

Amanda J Garen Highlight

NTE $66,269.60

NTE $36,694.60

NTE $7,464,500

NTE $158,361,783.12

NTE $29,404,976.40

NTE $69,450.54

NTE $38,455.94

NTE $7,358,636.80

NTE $134,648,257.52

NTE $56,728,329.89

NTE $72,784.17

NTE $40,301.83

NTE $11,579,638.73

NTE $219,031,885.17

NTE $87,792,949.88

NTE $76,277.81

NTE $42,236.31

NTE $9,586,521.86

NTE $261,650,383.15

NTE $57,928,817.99

NTE $79,939.14

NTE $44,263.66

NTE $6,332,926.30

NTE $178,962,243.57

NTE $47,247,885.45

Section A - Solicitation/Contract Form

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Section B - Supplies or Services/Prices

B.1 PURPOSE

The purpose of this Request for Proposal (RFP) is to provide project management, site survey visits, design services, and installation/construction work for power systems and power system ancillary equipment and structures supporting the Federal Aviation Administration (FAA) Facility Power Systems programs at National Airspace System (NAS) facilities located throughout the United States and its territories. The contractor must be within scope, consistent, and fully compliant with the terms and conditions stated in the Statement of Work (SOW) and contract documentation.

B.2 TYPE AND TERM OF CONTRACT

This is a Multiple Award (MA) Indefinite Delivery/Indefinite Quantity (IDIQ) task order contract with Firm Fixed Priced (FFP) Contract Line Item Numbers (CLINs). The base period of performance is from the date of contract award through twenty-four (24) months, with four (4) twenty-four (24) month option periods. If all options are exercised, the total period of performance is expected to be ten (10) years.

The precise quantities of products are unknown and will be ordered as needed with the issuance of a task order. The Government will order, in terms of dollars, the guaranteed minimum obligation of $100,000 per contract awarded.

The guaranteed minimum obligation will be fulfilled during the base year of the contract. The maximum dollar value per task order during the contract period will not exceed $1,321,119,284.14. The only person authorized to either issue or modify task orders under this MA ID/IQ is the Contracting Officer.

Customer requirements that are allowed to be placed on this contract have to be in accordance with (IAW) the SOW and related to the AJW-22, Power Services Group's replacement of NAS power equipment.

B.3 PRICE SCHEDULE AND CLIN/PRICE MATRIX

Offerors must complete the Schedule B, Price Proposal Critical Power Systems Cost Worksheet, (Section J, Attachment J.024) and submit it with Phase II, Volume I, Section I, Price. Offerors must submit a price for CLIN 00001, 00008, 00015, 00022, and 00029 & 00005, 00012, 00019, 00026, and 00033 and their applicable sub-CLINs.

The CLIN structure in the Option years is the same as the Base period.

CLINs 00001, 00008, 00015, 00022, and 00029 are Firm Fixed Priced for site survey reports, & annual program management reports.

CLINs 00002, 00009, 00016, 00023, and 00030 are Firm Fixed Priced, not to exceed for Travel CONUS site survey visits, conferences, and meetings. The travel authorization form must be completed & approved prior to travel (Section J, Attachment J.006). Travel & per diem costs must be in accordance with General Service Administration (GSA) travel regulations and FAA’s Travel Policy (FAATP) and negotiated prior to the site visit.

CLINs 00003, 00010, 00017, 00024, and 00031 are Firm Fixed Priced, not to exceed for Travel OCONUS site survey visits. The travel authorization form must be completed & approved prior to travel (Section J, Attachment J.006). Travel & per diem costs must be IAW GSA travel regulations and FAA’s Travel Policy (FAATP) and negotiated prior to the site visit.

CLINs 00004, 00011, 00018, 00025, and 00032 are Firm Fixed Priced, not to exceed, and are for ACEPS engineering design/design packages. The labor rate must be fully burdened (overhead, indirect, general and administrative (G&A) and profit) and the design package can be negotiated prior to award.

CLINs 00005, 00012, 00019, 00026, and 00033 are Firm Fixed Priced for engineering design services hourly rate.

The labor rate must be fully burdened (overhead, indirect, general and administrative (G&A) and profit).

CLINs 00006, 00013, 00020, 00027, and 00034 are Firm Fixed Priced, not to exceed, for installation/construction services. The labor rate must be fully burdened (overhead, indirect, general and administrative (G&A) and profit).

Travel and per diem costs must be IAW GSA travel regulations and FAA’s Travel Policy (FAATP) and negotiated prior to installation.

CLINs 00007, 00014, 00021, 00028, and 00035 are Firm Fixed Priced, not to exceed, for government furnished equipment (Section J, Attachment J.004).

The total estimated price for each period of performance is the sum of the CLINs.

CLINs 00002, 00003, 00004, 00006, 00007, 00009, 00010, 00011, 00013, 00014, 00016, 00017, 00018, 00020, 00021, 00023, 00024, 00025, 00027, 00028, 00030, 00031, 00032, 00034, and 00035 are given a not to exceed price which will be used in the proposed total estimated price.

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Section C - Description/Specifications

Scope of Work

The Offeror must furnish all labor, facilities, materials, services, transportation, preservation, packaging, packing and marking required to furnish and supply the services/data/information/documentation set forth below all in accordance with the terms, conditions, and provisions set forth herein.

Detailed descriptions of the services to be furnished can be found in the Critical Power Systems Statement of Work (SOW), Section J, Attachment J.001.

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.

AC1510 DEFINITION OF CONTRACT TERMS (JUN 2015)

(a) ‘Contractor's Cost’ means the net cost to the contractor (after deducting cash or trade discounts, rebates, commissions and any other allowances and credits available to the contractor, regardless of date purchased, plus properly identified and supported freight or transportation costs) for parts acquired by the contractor for performance under this contract.

(b) ‘Direct Labor Hours’ means those hours of labor which are identifiable as being performed directly on an item of the contract and which serve as the basis for payment of the Hourly Composite Rate set forth in Section B. The method of charging direct labor hours to this contract must conform to the contractor's accepted normal accounting practices and procedures, and allow for verification to the sources of the costs incurred. The term Direct Labor Hours does NOT include time for the indirect work of overhead and supervisory employees such as officers, engineers, supervisors, foremen, quality control inspectors, material handlers, clerks, typists, timekeepers, watchmen and truck drivers.

(c) ‘Direct Material’ means those materials which are not encompassed by the definition of ‘Indirect Materials.’

(d) ‘Flat Rate Labor Price’ is the price for overhaul, not subject to upward or downward revision, of the reparable Government-owned units listed in Section B. The Flat Rate Labor Price includes direct and indirect labor, indirect material, overhead, profit, preservation and packaging, test, out-of-plant services, and all other elements of cost, except the cost of new, unused parts.

(e) ‘Hourly Composite Rate’ includes direct and indirect labor, indirect material, overhead and profit. Payment under the applicable item will be computed by multiplying the Direct Labor Hours expended by the Hourly Composite Rate. The amounts payable for fractional parts of an hour may be prorated by fractions or increments not less than one-tenth (1/10) of one hour.

(f) ‘Indirect Material’ means all supplies and materials which do not become an integrated part of the assembly, accessory, or component. Typical items are lubricants, solvents, wiping rags, emery cloth, plating material, safety wire and abrasives. Price of indirect material shall be included in the Hourly Composite Rate.

(g) ‘Irreparable’ means a condition where an item cannot be returned to service in accordance with the applicable manufacturer's overhaul limits and instructions and/or pertinent regulations of the Federal Aviation Administration.

(h) ‘New, Unused Parts’ means serviceable parts that have never been used, which conform to current production standards and which are intended for replacement for like irreparable parts.

(i) ‘Out-of-Plant Services’ means those services performed for the contractor by its vendor, processor or subcontractor, such as special grinding, plating or similar rework processes, on components or parts removed from the Government-owned reparable items.

(j) ‘Overhaul’ means (1) the complete disassembly of the contract items listed in Section B including every assembly, subassembly and part; (2) the cleaning of each part and its inspection for serviceability; (3) the repair or rework of each reparable part and the replacement of each irreparable part; (4) the reassembly, calibration, as necessary, testing and inspection; (5) the marking and finishing of the exterior, where required; and (6) the preservation, packing and packaging, as required.

(k) ‘Reparable’ means the condition of an item which can be returned to service after repair or rework in accordance with procedures, tolerances and limits established by the overhaul and repair instructions issued by the item manufacturer, or as otherwise authorized under the provisions of the Federal Aviation Regulations.

(l) ‘Serviceable’ means the condition of an item in a good state of preservation that can be placed in service in accordance with applicable manufacturer's overhaul limits and instructions and/or pertinent regulations of the Federal Aviation Administration without repair.

(m) ‘Test’ means a test or check of equipment in its operational (or functional) environment, using equipment, procedures, and limits specified in applicable authorized manufacturer publications, manuals, and specifications and technical orders or FAA authorized changes in procedures and limits.

Section D - Packaging and Marking

The Contract Data Requirements List (CDRL) and Data Item Description (DID) can be found in Section J, Attachment J.002 and J.003.

Section E - Inspection and Acceptance

Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected.

All work must be closely coordinated with the local authority body for airport operations and will comply with all inspection requirements from governing body.

Prior to the Contractor Acceptance Inspection (CAI), a checklist of punch list items is developed by the task order COR/RE with the assistance of SSC personnel. A carefully prepared checklist will identify corrective actions that should be made by the Installation Contractor before the facility, system, or equipment is accepted by the FAA and should reduce exceptions on the JAI. The task order COR will give the CAI checklist to the installation contractor.

The task order COR/RE will give the installation contractor enough time to complete any punch list items found on the checklist prior to the contractor leaving the site. Any deficiencies noted must be corrected immediately and an amended CAI will be completed to verify repairs/corrections have been completed. Before the installation contractor demobilizes, their site superintendent must review the CAI and sign the form. Their signature on the CAI indicates that the installation contractor acknowledges if any punch list items remain. The Contractor must note that final payment will not be made until the CAI is complete (with all exceptions cleared) and submitted to the CO and task order COR. The CAI checklist is found in Section J, Attachment J.005 Contractor Acceptance Inspection (CAI) FAA Form 6010-5. The CAI checklist must be used unless the FAA task order COR/RE has submitted an alternative CAI checklist before or during the pre-construction meeting.

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)

3.10.4-10 INSPECTION OF CONSTRUCTION (SEP 2009)

3.10.4-11 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS

(APR 1996)

AC1908 INSPECTION AND ACCEPTANCE AT DESTINATION (JUN 2015)

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

(b) Although source inspection by the Government is not anticipated under this contract, the provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled AMS Clause 3.10.4-10 and 3.10.4-11.

Clause List

Section F - Deliveries or Performance

F.1 PLACE OF PERFORMANCE

The effort required by this contract will be performed at the contractor’s facility and various FAA facilities located in and outside the continental United States that will be specified on the individual task orders.

F.2 PERIOD OF PERFORMANCE

The period of performance of this contract is twenty-four months from the date of contract award and may be extended by four (4) twenty-four month option periods issued hereunder.

F.3 DELIVERABLES/DELIVERY SCHEDULES

Deliverables/delivery schedules for services are specified below:

CLINs 00001, 00008, 00015, 00022, and 00029: Site survey report is due within 15-calendar days from the date of the site visit unless a later date is directed in the Task Order. Program Management Report (PMR) is due within 20-calendar days in advance of all required program management reviews. Site survey report and PMR report will be IAW SOW, Sec C.3.2.5 and C.3.1.4. and CDRL Data Item No. M002 and E001.

CLINs 00002, 00009, 00016, 00023, and 00030: Travel CONUS site visit coordination begins within 4-calendar days from receipt of Task Order unless later date is directed in the Task Order. Site survey services IAW SOW, Sec

3.2.5. Contractor must support and participate in TIMs IAW SOW, C.3.1.5.

CLINs 00003, 00010, 00017, 00024, and 00031: Travel OCONUS site visit coordination begins within 4-calendar days from receipt of Task Order unless later date is directed in the Task Order. Site survey services IAW SOW, Sec 3.2.5.

CLINs 00004, 00011, 00018, 00025, and 00032: ACEPS Engineering Design Services coordination begins within 4-calendar days after issuance of Task Order unless later date is directed in the Task Order. Design services IAW

SOW, C.3.2.

CLINs 00005, 00012, 00019, 00026, and 00033: Engineering Design Services coordination begins within 4-calendar days after issuance of Task Order unless later date is directed in the Task Order. Design services IAW SOW, C.3.2.

CLINs 00006, 00013, 00020, 00027, and 00034: Installation Services, the Contractor must submit the necessary documentation IAW SOW Sec C.3.2, as well as directed in the Task Order. Notice to Proceed from the Contracting Officer is required.

F.4 SPECIAL DELIVERY REQUIREMENTS

All delivery trucks entering staffed FAA facilities must be dedicated delivery, contain only equipment for that facility, third party cargo is not allowed on delivery trucks entering FAA facility secure perimeters.

F.5 HOURS OF OPERATIONS

When working on Government sites, normal duty hours are 7:00 am - 6:00 pm, Monday through Friday (except Federal holidays).

F.6 OBSERVANCE OF LEGAL HOLIDAYS

The Government hereby provides notification that Government personnel will observe the below listed days as federal holidays: No work will be performed during these federal holidays. The ten listed federal holidays apply to services performed within the United States, and is provided for informational purposes only.

New Year's Day Martin Luther King's Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day

In addition to the 10 days designated as holidays, the Government observes:

(1) Any other day designated by Federal Statute;

(2) Any other day designated by Executive Order; and

(3) Any other day designated by the President’s Proclamation.

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel will not otherwise be a reason for entitlement of compensation except as set forth in the Task Order. As such, this provision does not preclude reimbursement for authorized overtime work if applicable to the Task Order.

F.7 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or completion date, or as soon as the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor will immediately notify the CO and the COR in writing. The notification will give pertinent details and the data will be informational only in character. As such, this provision will not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract. In the event that a Contractor is non-compliant in submission of deliverables, the Government will reflect the non-compliance in the Contractor’s past performance report.

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)

3.10.1-9 STOP-WORK ORDER (OCT 1996)

3.10.1-11 GOVERNMENT DELAY OF WORK (APR 1996)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

3.11-29 F.O.B. ORIGIN (APR 1999)

3.11-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (APR 1999)

3.11-31 F.O.B. ORIGIN, FREIGHT ALLOWED (APR 1999)

3.11-32 F.O.B. ORIGIN, FREIGHT PREPAID (APR 1999)

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

3.11-36 F.A.S. VESSEL, PORT OF SHIPMENT (APR 1999)

3.11-37 F.O.B. VESSEL, PORT OF SHIPMENT (APR 1999)

3.11-38 F.O.B. INLAND CARRIER, POINT OF EXPORTATION (APR 1999)

3.11-39 F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR 1999)

3.11-40 EX DOCK, PIER, OR WAREHOUSE, PORT OF IMPORTATION (APR 1999)

3.11-53 F.O.B. POINT FOR DELIVERY OF GOVERNMENT FURNISHED PROPERTY (APR 1999)

3.11-57 F.O.B. ORIGIN -CARLOAD AND TRUCKLOAD SHIPMENTS (APR 1999)

3.11-59 F.O.B. ORIGIN- MINIMUM SIZE OF SHIPMENTS (APR 1999)

3.11-33 F.O.B. ORIGIN WITH DIFFERENTIALS (APR 1999)

(a) The term "f.o.b. origin, with differentials," as used in this clause, means--

(1) Free of expense to the Government delivered--

(i) On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a designated point in the city, county, and State from which the shipments will be made and from which line-haul transportation service (as distinguished from switching, local drayage, or other terminal service) will begin;

(ii) To, and placed on, the carrier's wharf (at shipside, within reach of the ship's loading tackle, when the shipping point is within a port area having water transportation service) or the carrier's freight station;

(iii) To a U.S. Postal Service facility; or

(iv) If stated in the SIR, to any Government-designated point located within the same city or commercial zone as the f.o.b. origin point specified in the contract (commercial zones are prescribed by the Interstate Commerce Commission at 49 CFR 1048); and

(2) Differentials for mode of transportation, type of vehicle, or place of delivery as indicated in Contractor's offer may be added to the contract price.

(b) The Contractor shall--

(1) (i) Pack and mark the shipment to comply with contract specification; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge;

(2) (i) Order specified carrier equipment when requested by the Government; or

(ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment;

(3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier's conveyance as required by carrier rules and regulations;

(4) Be responsible for any loss of and/or damage to the goods--

(i) Occurring before delivery to the carrier;

(ii) Resulting from improper packing and marking; or

(iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor on or in the carrier's conveyance;

(5) Complete the Government bill of lading supplied by the Federal Aviation Administration, (FAA), or, when a Government bill of lading is not supplied, prepare a commercial bill of lading or other transportation receipt. The bill of lading shall show--

(i) A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are applicable;

(ii) The seals affixed to the conveyance with their serial numbers or other identification;

(iii) Lengths and capacities of cars or trucks ordered and furnished;

(iv) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and ZIP code of consignee, routing, etc.;

(v) Special instructions or annotations requested by the FAA for commercial bills of lading; e.g.,--

(A) "To be converted to a Government bill of lading," or

(B) "This shipment is the property of, and the freight charges paid to the carrier(s) will be reimbursed by, the Government"; and

(vi) The signature of the carrier's agent and the date the shipment is received by the carrier; and

(6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the FAA.

(c) (1) It may be advantageous to the offeror to submit f.o.b. origin prices that include only the lowest cost to the Contractor for loading of shipment at the Contractor's plant or most favorable shipping point. The cost beyond that plant or point of bringing the supplies to the place of delivery and the cost of loading, blocking, and bracing on the type vehicle specified by the Government at the time of shipment may exceed the offeror's lowest cost when the offeror ships for the offeror's account. Accordingly, the offeror may indicate differentials that may be added to the offered price. These differentials shall be expressed as a rate in cents for each 100 pounds (CWT) of the supplies for one or more of the options under this clause that the Government may specify at the time of shipment.

(2) The differential(s) will be considered in the evaluation of offers to determine the lowest overall cost to the Government. If, at the time of shipment, the Government specifies (normally on a Government bill of lading) a mode of transportation, type of vehicle, or place of delivery for which the offeror has set forth a differential, the Contractor shall include the total of such differential costs (the applicable differential multiplied by the actual weight on the Government bill of lading) as a separate reimbursable item on the Contractor's invoice for the supplies.

(3) The Government shall have the option of performing or arranging at its own expense any transportation from Contractor's shipping plant or point to carrier's facility at the time of shipment and, whenever this option is exercised, the Government shall make no reimbursement based on a quoted differential.

(4) Offeror's differentials in cents for each 100 pounds for optional mode of transportation, types of vehicle, transportation within a mode, or place of delivery, specified by the Government at the time of shipment and not included in the f.o.b. origin price indicated in the Schedule by the offeror, are as follows: (carload, truckload, less-than truckload, wharf, flatcar, driveaway, etc.)

(End of clause)

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 task order by an authorized Contracting Officer of the Mike Monroney Aeronautical Center. Orders issued orally or by written telecommunications shall reference a formal task order number and shall be confirmed by issuance of the formal task order.

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.

Section G - Contract Administration Data

G.1 CONTRACTING OFFICER (CO)

Only a warranted FAA Contracting Officer has the authority to bind, modify, and/or terminate contractual agreements on behalf of the FAA. If the contractor is requested to perform any additional activities or changes to the current terms and conditions contained in the Task Order by any individual other than an FAA Contracting Officer, the contractor must notify the Contracting Officer immediately, prior to incurring any costs associated with the change and prior to performing any such change. Failure to do so could potentially result in the indefinite delay, or overall rejection, of payment for the performance of any such unauthorized agreements or changes that occur associated with this agreement. In the event the contractor effects any changes at the direction of any person other than the CO, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

G.2 TASK ORDER CONTRACTING OFFICER REPRESENTATIVE (COR)

The task order COR will represent the Contracting Officer (CO) in the administration of technical details within the scope of the task order. The task order COR is also responsible for the final inspection and acceptance of all Task Order deliverables and reports, and such other responsibilities as may be specified in the Task Order. The task order COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the CO or the Government. The task order COR does not have authority to alter the Contractor’s obligations or to change the Task Order specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify Task Order obligations or the specification, changes will be issued in writing and signed by the CO.

G.3 INVOICING AND PAYMENT

In order to receive payment and in accordance with prompt payment standards, contractors must submit a proper invoice in accordance with AMS clause 3.3.1-40 Electronic Submission of Payment Requests (April 2022). 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.

The Federal Aviation Administration (FAA) utilizes the Delphi eInvoicing web-portal, https://einvoice.esc.gov, for processing invoices. Contractors will enter their invoices and supporting documents directly into Delphi.

All invoices must be submitted with supporting documentation acknowledging the percentage of work completed or material received by the FAA. Acceptable forms of documentation acknowledgment are:

a) An email from the FAA PEL or COR concurring to the percent completed. The PEL will give concurrence on design drawing invoices. The COR will give concurrence on installation invoices.

b) A Contractor Acceptance Inspection (CAI) form (Clear - No punch list items) signed by the FAA COR or Resident Engineer.

c) A shipping/receiving list signed by an FAA representative for delivery of equipment or materials.

d) An email response from the Program Office or Project Engineer acknowledging the site survey has been uploaded or delivered to the appropriate KSN site/POC

e) Other acceptable forms as determined by the CO

G.4 TASK ORDER PROCESSING ON THIS MULTIPLE AWARD CONTRACT

(a) Services to be performed by the Contractor must be assigned on a task order basis. Each order may assign one or more tasks outlined in Sections 3.2.5, 3.2.6, 3.2.7, and 3.2.8 of the SOW. The Site Preparation and Installation tasks (3.2.7 and 3.2.8) may be exercised with or without Government Furnished Equipment (GFE).

(b) Qualification Procedures: At contract award, Contractors will be qualified based on classification of work (Category 1 or Category 2). Task orders will be solicited among Contractors based on qualified Category. Prior to award of subsequent option periods, a Contractor, currently qualified for only Category 1, may request (in writing to the CO, no less than 45 calendar days prior to the end of the current period of performance) to qualify for Category

2. Based upon the Contractor’s successful history and level of complexity of Category 1 work as solely determined by the FAA, the Contractor may be found qualified to perform Category 2 work for future option periods.

Unsuccessful work (as determined solely by the FAA) in Category 1, may disqualify the Contractor from Category 2 work and Contractor may be restricted to Category 1 work. Finally, unsuccessful performance on Category 2 work, may, at the sole discretion of the FAA, result in the Contractor being disqualified from future Category 2 opportunities resulting in qualification at the Category 1 level only.

(c) The CO will provide fair opportunity among contract awardees to determine task order award. The CO will act with broad discretion in determining procedures for contract awardees to receive a fair opportunity to be considered for each task order.

(d) Ordering Procedures: Except as set forth in (e) and (f) below, the order will be awarded to the lowest price offeror whose proposal confirms to the task order Request for Quote (RFQ) requirements (to include all stated terms and conditions of the contract and task order), is evaluated as acceptable based on the submitted project narrative, and is determined acceptable in regard to the following factors:

1) Quality of previous services/projects

2) History of contractor-initiated price increases on previous services/projects

3) Timeliness of performance on previous services/projects.

4) History of reasonable and cooperative behavior and integrity in previous dealings with the FAA.

Price reasonableness will be used in all award decisions. In addition, Price Realism may be used at the sole discretion of the Contracting Officer.

(e) Except under, but not limited to, the conditions specified in this clause; as task requirements are identified the CO reserves the right to award a task order without competition based upon a determination that:

1) The agency need for such services is of such urgency that providing such opportunity would result in unacceptable delays.

2) In the interest of economy and efficiency, as a logical follow-on to an order already issued under the contract, provided that all contract awardees were given a fair opportunity to be considered for the original task order.

3) In the interest of economy and efficiency, when a contract awardee is already mobilized and currently performing under a previously issued task order.

4) In the interest of economy and efficiency, when a rational basis has been established and documented.

5) The task order should be issued after exclusion of contract awardees based on one of the following circumstances:

i. If the contract awardee’s performance under recent orders under the contract raises questions regarding that contract awardee’s ability to perform at an acceptable level, that contract awardee need not given an opportunity to compete.

ii. Where information is available to indicate that a contract awardee has a conflict of interest with the work anticipated under the task order.

iii. Where information is available to indicate that the contract awardee does not have the capacity to perform a particular order at the level of quality required or within.

(f) Whenever, in the opinion of the CO, the need for services is an emergency, the CO may issue a un-definitized task order, with a copy of the Statement of Work attached, directing the Contractor to proceed with performance of the work specified. Such task order will specify a ceiling price. The contractor will proceed with the performance of the work required by task order. The contractor will submit a task proposal within 20 calendar days from the date of receipt of the task order. Following receipt of the contractor’s task proposal, negotiations, if required, will be conducted to establish a firm fixed price.

(g) Expenditures. In performance of task orders, the Contractor will not incur costs in excess of the funds provided on each task order. In performance of each task order, Government liability, will be limited to amounts cited in the task order schedule.

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)

3.10.1-23 CONTRACTING OFFICER'S REPRESENTATIVE-CONSTRUCTION CONTRACTS (APR

2012)

(a) The Contracting Officer may appoint other Government personnel to accomplish certain contract administration matters. While there shall be various titles and divisions of duties for these individuals, generically they are known as Contracting Officer's Representatives (CORs). The Contracting Officer will provide written notice of COR appointment(s), setting forth the authorities and limitations, to the Contractor within 7 calendar days prior to the notice to proceed. COR duties may include, but are not limited to:

(1) Perform as the authorized representative of the Contracting Officer for technical matters, including interpretation of specifications and drawings, and inspection and review of work performed.

(2) Perform as the authorized representative of the Contracting Officer for administrative matters, including reviewing payments, and updated delivery schedules.

(b) These representatives are authorized to act for the Contracting Officer in all specifically delegated matters pertaining to the contract, except:

(1) contract modifications that change the contract price or cost, technical requirements or time for performance, unless delegated field change order authority;

(2) suspension or termination of the Contractor's right to proceed, either for default or for convenience;

(3) final decisions on any matters subject to appeal, e.g., disputes under the "Contract Disputes" clause; and

(4) final acceptance under the contract.

(End of clause)

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 no later than 30 calendar days prior to the expiration date of the current contract period.

AC1227 RELEASE FORM (JAN 1997)

The contractor will be required to execute Contractor's Release Form DOT F 4220.4 (2-71) prior to final payment under the contract.

AC1401 IDENTIFICATION/DELIVERY OF GOVERNMENT PROPERTY (JAN 1997)

Within 120 calendar days after task order award the Government-owned property listed in Section J, Attachment 4 will be furnished to the contractor for use in the performance of this contract.

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.

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

H.1 BONDS

Bonds will be issued on the installation/construction service CLINs 00006, 00013, 00020, 00027, and 00034. when contract price exceeds $150,000, or any other amount when in the best interest of the Government.

Pursuant to AMS Clauses 3.4.1-4, Performance Bond Requirements, and 3.4.1-5, Payment Bond Requirements, incorporated herein by reference, the contractor will within 15 calendar days before the construction start date deliver to the Contracting Officer

(1) A Performance Bond on Standard Form 25 in a penal sum equal to 100 percent of the task order price;

(2) A Payment Bond on Standard Form 25-A in a penal sum equal to 100 percent of the task order price.

(3) Each bond will also be accompanied by a Power of Attorney whereby the surety company authorized the execution of the bond by its agent or employee.

(4) Each bond will remain in full force and effect through the entire construction period of performance, including extensions and warranty/guarantee periods, as applicable.

H.2 WAGE RATES

Applicable Davis Bacon Wage Determination Rates will be in effect at the time of issuance of a task order.

Contractors will be provided the wage determination prior to issuance of the request for quote/proposal for pricing purposes. If crafts or trades are required in the performance of this project for which no wage is listed in the Department of Labor Wage Decision, the Contracting Officer will be notified in writing. No work in unlisted crafts or trades will be permitted until a wage has been negotiated between the Contracting Officer and the Contractor.

H.3 SUBCONTRACTORS Statement and Acknowledgment Standard Form 1413 The Contractor will submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This will be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in this contract. The Prime Contractors will be given copies of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between subcontractors and the Government.

H.4 FAA FACILITY REGULATIONS

Contractor personnel, including employees of subcontractors, suppliers, etc., working or visiting an FAA facility, will abide by all appropriate traffic, parking, security, and airport regulations in effect at that facility.

H.5 SPECIAL CLAUSE FOR JOINT VENTURE AWARDEE

If contract awardee is Joint Venture/Teaming Arrangement, any change in teaming structure from the proposed JV post award is required to be reported directly to and approved by the CO prior to implementing the change.

If the change is a substitution of one of the proposed JV members with a different firm that was not previously proposed and evaluated prior to contract award, the JV is required to notify the CO of the substitution providing the name of the substituting firm and the name of the JV member they are replacing.

If the change is a new addition to the JV, the JV is required to report to the CO the name of the firm being added to the JV and the specific role and duties the new firm will be performing as specified in the SOW.

If the JV change is a removal of one of the proposed members to the JV, the JV is required to notify the CO the name of the JV member being removed and how they intend to perform the work that was initially proposed to be performed by the respective JV member being removed.

If the Contracting Officer does not approve the proposed change, the awardee must perform in accordance with their original proposal or the Contracting Officer may terminate the contract for default.

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)

3.1.9-1 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…