697DCK-21-R-00174SIR.pdf

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

SOLICITATION PACKAGE

For: Delivery of Firm Load Following Electric

Supply Service

Location: Atlantic City, NJ

Solicitation # 697DCK-21-R-00174

Issue Date: April 1, 2021

Submit Offers

To: DOT/Federal Aviation Administration

Attn: Tara McClanahan, RECO

Eastern Logistics Service Area (AAQ-910)

1701 Columbia Ave.

College Park, GA 30337

Submit By: April 27, 2021

Special Features:

This acquisition is

[X] conducted under the FAA’s Acquisition Mgmt System

[X] conducted under Screening Information Request (SIR)

Request for Offer (RFO) procedures [X} North American Industry Classification System (NAICS) code 221122

697DCK-21-R-00174

Section B - Supplies or Services/Prices

The Federal Aviation Administration (FAA) is requesting proposals for the delivery of firm load following electric supply services, including electric energy, ancillary services, ARR credits, PJM marginal losses, NJ Renewable Portfolio Standards, Transmission Enhancement Charge, FERC Order 745 charges, balancing congestion charges, RMR charges, capacity and transmission services to the William J. Hughes Technical Center (WJHTC) located at the Atlantic City

International Airport, Atlantic City, NJ 08401.

See Section “J”, Attachment 1 for Price Proposal Form.

NOTE TO OFFERORS: In order to be considered responsive to this SIR, the Offeror must agree to all the FAA clauses. Any Offeror that makes exceptions or wants to use their own contract clauses will be considered non-responsive and will not be considered for award.

Section C - Description/Specifications

NOTE: ALL QUESTIONS MUST BE SUBMITTED IN WRITING AND CAN BE SENT VIA

ELECTRONIC MAIL TO THE CONTRACTING OFFICER: tara.mcclanahan@faa.gov

NO LATER THAN April 15, 2021 @ 2PM. SEE F.2 ON PAGE 8

Interval Data will be available to the

Offerors by authorization from the Contracting Officer on a Load Data Release form to ACE.

C.1 General

SECTION C

SCOPE OF WORK

The Federal Aviation Administration (FAA) is requesting proposals for the delivery of 100% firm load following electric supply services including electric energy, ancillary services, ARR Credits, PJM marginal losses, NJ Renewable Portfolio Standards, Transmission Enhancement Charges, FERC Order 494 Charges, FERC Order 745 Charges, Balancing Congestion Charges, RMR

Charges, Capacity and Transmission services to the William J. Hughes Technical Center (WJHTC) located at the Atlantic City International Airport, Atlantic City, NJ 08401. The successful Offeror

(Supplier) shall supply the full requirements of the electric supply services outlined herein for the full term of the contract.

The WJHTC receives electric distribution service from Atlantic City Electric Company (ACE) at 69 kV (Account No. 0550 0713 2560 7000 6857 56). The electric distribution service is provided under the terms and rates in ACE’s Transmission General Service (TGS) rate schedule excluding taxes.

C.2 Term

June 1, 2021 to May 31, 2022 (12 months)

C.3 Delivery Point

AECO Zone

C.4 Products

C.4.1 Electric Energy and Fixed Price Adder Charges

A. Option 1

1. Real Time Residual Metered Load Aggregate (RMLA) LMP at the AECO Zone

2. Real-Time Fixed Price Adder to include all PJM ancillary services, ARR

Credits, PJM marginal losses, Renewable Portfolio Standards, Transmission

Enhancement Charges, FERC Order 494 Charges, FERC Order 745 Charges, Balancing Congestion Charges and supplier fees.

B. Option 2

1. Day-Ahead Residual Metered Load Aggregate (RMLA) LMP at the AECO

Zone

2. Day-Ahead Fixed Price Adder to include all PJM ancillary services, ARR

Credits, PJM marginal losses, Renewable Portfolio Standards, Transmission

Enhancement Charges, FERC Order 494 Charges, FERC Order 745 Charges, Balancing Congestion Charges and supplier fees.

mailto:tara.mcclanahan@faa.gov

C.4.2 Line Losses

The Line losses shall be determined from the Offeror’s fixed Derated Line Loss

Value submitted with offer.

C.4.3 Reliability Must Run Charge (RMR)

The RMR charge shall be directly passed through with no markup providing the supplier submits adequate backup documentation of the charges.

C.4.4 Capacity

The Capacity Charges will be directly passed through with no markup. The daily Capacity

Rate ($/KW-Day) will be equal to the PJM RPM Final Zonal Load Price (FZLP) for the AE zone times the PJM Final Forecast Pool Requirements (FFPR) times the Final Zonal RPM

Scaling Factor (FZSF) for the AE zone times the PJM Daily Zonal Scaling Factor (DZSF) for the AE Zone. The current Capacity Peak Load Contribution for the WJHTC is 12,573.61 kW.

C.4.5 Transmission

The Transmission Charges shall be directly passed through at the FERC approved Network

Integration Transmission Service Rate for the AECO transmission zone with no markup. The current Transmission Peak Load Contribution for the WJHTC is 12,525.36 kW.

C.5 Electric Supply Charges

A. Option 1

Total Charges

Σ (Real-Time Hourly RMLA LMP*Hourly Metered data)

+Σ(Real-Time Hourly RMLA LMP*Hourly Metered data*Derated Line Loss Value)

+Real-Time Fixed Price Adder* Monthly Metered Data

+ RMR Rate*Transmission Peak Load Contribution*No. of days in month

+Capacity Peak Load Contribution*FZLP*FFPR*FZSF*DZSF*No. days in month

+Transmission Peak Load Contribution*Transmission Rate*No. of days in month

B. Option 2

Total

Charges=

Σ(Day-Ahead Hourly RMLA LMP*Hourly Metered data)

+Σ(Day-Ahead Hourly RMLA LMP*Hourly Metered data*Derated Line Loss Value)

+Day-Ahead Fixed Price Adder* Monthly Metered Data

+RMR Rate* Transmission Peak Load Contribution*No. of days in month

+Capacity Peak Load Contribution*FZLP*FFPR*FZSF*DZSF*No. days in month

+Transmission Peak Load Contribution*Transmission Rate*No. of days in month

NOTE: The Government is tax exempt. No taxes should be included in the charges.

C.6 Acronyms

ACE – Atlantic City Electric Company

AECO Zone – The Atlantic City Electric Company’s PJM designated Transmission Zone

ARR – PJM’s Auction Revenue Rights

DZSF – PJM’s Daily Zonal Scaling Factor

FERC – Federal Energy Regulatory Commission

FFPR – PJM’s Final Forecast Pool Requirement

FZNLP – PJM’s RPM Final Zonal Net Load Price

FZSF – PJM’s Final Zonal RPM Scaling Factor

LMP - Locational Marginal Pricing. The LMP is the pricing method that PJM uses to price energy purchases and sales in the PJM market and to price transmission congestion costs to move energy within PJM

PJM - PJM is a regional transmission organization (RTO), an entity authorized by the federal government to manage the reliability of the electric transmission system and the operation of the wholesale electricity market in their defined control area that covers all or parts of

Delaware, Indiana, Illinois, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and the District of Columbia.

RMLA LMP – The AECO Residual Metered Load Aggregate LMP based on the final

PJM “Monthly” File. PnodeID: 116472927

RMR - Reliability Must Run

RPM – PJM’s Reliability Pricing Model

TGS – Transmission General Service

WJHTC – The William J. Hughes Technical Center

C.7 Continuity of Service

It shall be the Contractor’s responsibility to coordinate with ACE as necessary to resolve issues related to ACE’s regulated services and to ensure the reliable provision of electricity to the facilities included in this contract.

Metering to be provided by ACE.

C.8 Delivery Point and Service Location

The Delivery Point for such electricity shall be that point on the electric system at which ACE takes possession of the electricity for final delivery of the electricity to the electric meter(s) serving the WJHTC (ACE Account No. 0550 0713 2560 7000 6857 56). This same Delivery Point shall be where the facility takes title to the electricity.

C.9 Credit for Default Service

If at any time (unless under a condition of Force Majeure) an account covered by this contract is forced to accept default service from ACE through any act or failure to act by the Contractor in accordance with ACE’s rules and/or applicable agreements and laws serving in its capacity as the utility supplier of last resort, the Contractor shall be responsible for payment of any additional service costs incurred.

C.10 Protection of Contract

The Government will take the necessary and usual steps to maintain the confidentiality of information submitted by Offerors prior to award of the contract. Offerors are advised that the

Government will make all contract prices publicly available for the full contract period.

C.11 Acquisition Management System (AMS)

The Federal Aviation Administration has its own acquisition system and is not bound by the Federal

Acquisition Regulations (FAR). AMS clauses are contained within this document either in full-text or incorporated by reference. Those incorporated by reference have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or Offerors and contractors may obtain the full text via Internet at: http://fast.faa.gov (on this web page, select "contract writing", then "search and view clauses").

C.12 Anti-Deficiency

In accordance with the Anti-Deficiency Act (31 U.S.C. 1341(a) (1)), nothing contained herein shall be construed as binding the Government to expend, in any one fiscal year, any sum in excess of the appropriation made by Congress for that fiscal year in furtherance of the subject matter of the contract or involve the Government in an obligation for the future expenditure of moneys before an appropriation is made.

The remainder of this page has been intentionally left blank.

http://fast.faa.gov/

Section D - Packaging and Marking

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)

Section E - Inspection and Acceptance

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

Section F - Deliveries or Performance

F.1 PROPOSAL SUBMITTALS

At the time that proposals are due, all Offerors are required to submit the following information in writing:

a. Price Proposal Form. (Section J - Attachment 1)

The Offeror shall submit their price proposal on the Price Proposal Form attached as

Section J-Attachment 1. Price proposals not submitted on the supplied Price Proposal

Form shall be rejected.

b. Sample Invoices

The Offeror shall submit two sample invoices: one based on a real-time index and adder and the other based on the day-ahead index and adder utilizing the rates submitted on the Price

Proposal Form. The Offeror shall use the sample hourly load data, real-time LMP data, day-ahead LMP data, Capacity Peak Load Contribution and Transmission Peak Load

Contribution provided in Section J Attachment 2, Sample Invoice Data. The sample invoices shall be in the same format and include the same pricing formulas used in the pricing calculations as the Offeror would submit for their monthly invoices. The purpose of the sample invoices are to assure that the invoicing calculations the Offeror uses adheres to the criteria set forth in section C.5 above.

c. Completed Screening Information Request which includes the Representations and

Certifications fill-ins.

Proposals must be submitted no later than 1:00 p.m. (EST) on April 27, 2021, to the following email address: tara.mcclanahan@faa.gov. Proposals shall be limited to no larger than 9.5 MB in size.

The Offeror agrees to hold the prices in its price proposal firm until April 30, 2021 at 10:00AM

(EST). Timeliness rules will be strictly enforced. Our FAA server will not accept zip files. If you attempt to send e-mail with a zip file, you will not receive a warning and the message simply will not be received by the recipient.

F.2 QUESTIONS AND CLARIFICATIONS

Any prospective Offeror with questions or desiring an explanation or interpretation of the solicitation must request them via e-mail to tara.mcclanahan@faa.gov by 2:00 PM (EST) on April 15, 2021. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished to all other prospective Offerors as an amendment to the solicitation if that information is necessary to submit offers or if the lack of it would be prejudicial to other prospective offers.

Section G - Contract Administration Data

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:

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

(a) The Contracting Officer may designate other Government personnel (known as the Contracting Officer's

Representative) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

(b) The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

G.1 Title

Title to electricity supplied by the Contractor under this contract shall pass from the Contractor to the Government upon delivery of said electricity to the Delivery Point. The Contractor warrants that the electricity delivered to the Government under this contract will be free and clear of all liens, claims and encumbrances arising prior to delivery to the Delivery Point.

G.2 Contract Terms and Conditions-Commercial Items

(a) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(b) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(c) Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 3.9.1-1 Contract Disputes (JAN 2020), which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(d) Force Majeure. The parties shall be responsible for performance under the Contract unless a condition of Force

Majeure is in effect. “Force Majeure” means an event, other than an inability to pay or a change in economic circumstances, which is not within the reasonable control of the party claiming Force Majeure, and which cannot be avoided by the exercise of reasonable diligence, including, but not limited to natural catastrophe, flood, explosion, fire, riots or civil disturbance, hostile forces, foreign powers, terrorist acts, sabotage, strikes or other labor difficulties, acts of a public enemy, transmission delay or failure, or failure or delay of third party suppliers. A Force

Majeure or similar event suffered by an Independent Service Operator (“ISO”)(or an equivalent of an ISO), PJM or the EDC to the extent that such an event is not within the reasonable control of the part claiming Force Majeure, shall constitute a Force Majeure hereunder. Upon delivery to the other party of a reasonably specific notice of Force

Majeure, the obligations of the notifying party shall be suspended to the extent affected by such Force Majeure. The cause of the Force Majeure will be remedied with all reasonable diligence.

(e) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(f) Payment. Payment shall be made for items accepted by the Government that have been delivered to the

Delivery Point set forth in this contract. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and OMB prompt payment regulations at 5 CFR part 1315. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(g) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(h) Taxes. The Government is tax exempt.

(i) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience in accordance with contract clause 3.10.6-1

Termination for Convenience of the Government (Fixed Price) (OCT 1996)

(j) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(k) Limitation of liability. Contractor expressly disclaims any representation or warranty of merchantability or fitness for any particular purpose. Contractor shall not be directly or indirectly responsible for (a) the maintenance or operation of the electric lines and transmission and distribution systems; (b) any service interruptions, loss of service, or deterioration of electric services caused by ACE, the PJM Operator or ISO;

and/or (c) any damage to WJHTC’s equipment or facilities, personal injuries, or any economic losses, resulting directly or indirectly from the Services (including the quality thereof). Contractor shall not be liable to WJHTC for any special, indirect, incidental, consequential or punitive damages of any character, including, but not limited to, lost profits, irrespective of whether claims or actions for such damages are based upon contract, warranty, negligence, strict liability or any other remedy at law or equity.

(l) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(m) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(n) Regulatory Changes. In the event of a regulatory requirement, the Contractor may request changes or adjustments (without mark-up) (including without limitation, changes in the application or interpretation of existing requirements) in (a) ACE’s requirements or service furnished to the WJHTC; (b) capacity and/or transmission peak load contributions of the WJHTC; (c) ISO or PJM requirements; and/or (d) applicable laws, regulations, and orders.

(o) Emergency: Contacts. WJHTC must contact ACE in the case of outages, emergencies, and similar service matters, and may use the following toll-free emergency and/or other helpful telephone numbers to do so:

ACE: 1-800-642-3780 (Emergency Customer Service)

New Jersey’s Board of Public Utilities Division of Customer Relations 1-800-624-0241

(p) Environmental Disclosure. Contractor’s Environmental Information Disclosure Label, as amended from time to time, may be found at the website.

http://www.bpu.state.nj.us/wwwroot/energy/SelectEnergyLabel.pdf

(q) Non-Residential Sale. WJHTC represents and warrants to Contractor that it is not a residential customer for purposes of N.J.A.C. 14:4-7 “Retail Choice Consumer Protection”. WJHTC acknowledges that Contractor has relied on this representation to determine the inapplicability of certain consumer protection provisions applicable only to a residential customer under New Jersey law.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws

Unique to Government Contracts paragraphs of this clause.

(3) Addenda to this solicitation or contract, including any license agreements for computer software.

(4) Solicitation provisions if this is a solicitation.

(5) Other paragraphs of this clause.

(6) The Standard Form 1447.

(7) Other documents, exhibits, and attachments.

(8) The specification.

http://www.bpu.state.nj.us/wwwroot/energy/SelectEnergyLabel.pdf

G.3 Payment and Dual Billing

The Contractor shall submit properly executed monthly invoices in accordance with the State of New

Jersey’s regulated billing procedures (N.J.A.C. 14:3-7). The bill shall detail all applicable charges and credits for electricity supplied. At a minimum, the bill shall include:

1. Contractor Name and Address

2. Billing Date

3. Billing Period

4. Hourly Metered Usage

5. Derated Line Loss Value

6. Hourly LMP Charges

7. Fixed Price Adder

8. Daily Zonal Scaling Factor

9. Reliability Must Run Charges

10. Capacity Charges

11. Transmission Charges

12. Adjustments (if applicable)

13. Total Charges

14. Contractor shall provide a breakdown of the total metered kwh usage based on the environmental attribute that is included in the kwh’s specifically listing the amount of kwh’s that include the environmental attributes from solar, wind, hydroelectric, and biomass.

If the Contractor’s standard formatted invoice does not include all the information required in this Section, the Contractor shall submit a separate backup document that includes the missing information including the

Derated Line Loss Value, the Hourly Metered Usage and the Hourly LMP Charges.

The contractor shall submit an electronic copy of each monthly invoice to the following email addresses:

Thomas.Herzog@FAA.gov

The contractor shall also submit one hard copy of each monthly invoice to the following address:

FAA AC Accounting Office

U.S. D.O.T./FAA

AMZ-110

P.O. Box 25710

Oklahoma City, OK 73125

The Contractor shall receive payment for services provided directly from the FAA. Payment shall be made in accordance with Clause 3.3.1-17 Prompt Payment (JUL 2018).

mailto:Thomas.Herzog@FAA.gov

Section H - Special Contract Requirements

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:

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)

Section I - Contract Clauses

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:

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2018)

3.1.8-1 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (OCT 2014)

3.1.8-2 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (OCT 2019)

3.2.1.5-3 RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA

(JAN 2008)

3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(OCT 2015)

3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2011)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)

3.2.5-3 GRATUITIES OR GIFTS (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 1996)

3.2.5-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

3.3.1-1 PAYMENTS (JUL 2018)

3.3.1-8 EXTRAS (JUL 2018)

3.3.1-12 LIMITATION OF COST (JUL 2018)

3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)

3.3.1-17 PROMPT PAYMENT (JUL 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)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-9 EQUAL OPPORTUNITY (JUL 2020)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (JUL 2020)

3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL 2020)

3.6.2-39 TRAFFICKING IN PERSONS (APR 2019)

3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)

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

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

3.8.2-11 CONTINUITY OF SERVICES (OCT 2018)

3.9.1-1 CONTRACT DISPUTES (JAN 2020)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-9 STOP WORK ORDER (OCT 1996)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE I (APR 1996)

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

3.10.2-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (JAN 2019)

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)

3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)

3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)

3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JUL 2018)

(a) Definitions. As used in this clause

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the

DUNS number or the DUNS+4 number, into the SAM database.

"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror must enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the Offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An Offeror may obtain a DUNS number

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The Offeror should be prepared to provide the following information:

(i) Company legal business.

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

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

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

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

http://fedgov.dnb.com/webform%3B

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting

Officer, the Contracting Officer may proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled Veteran-Owned

Small Business (SDVOSB), by submission of an offer, the Offeror acknowledges that they are designated as a

SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.

(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement

Guidance, the Contractor must provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:

(A) change the name in the SAM database;

(B) comply with the requirements of AMS regarding novation and change-of-name agreements; and

(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the

SAM record to reflect an assignee for the purpose of assignment of claims. Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.

3.6-4-23 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENTS (JAN 2021)

(a) Definitions. As used in this clause--

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless

(e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).]

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means--http://www.vip.vetbiz.gov/ http://www.sam.gov/

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by

Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of

Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening.

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or 5) Select agents and toxins covered by part 331 of title 7, Code of Federal

Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of

2018 (50 U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when traveling outside the geographical coverage area of a home network

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.6.4 A 16.e.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2020 from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.6.4A.16.e. This prohibition applies to an entity that uses covered telecommunications equipment or services, including use not in support of the

Government.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the

Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor must report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information. For indefinite delivery contracts, the Contractor must report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order.

(2) The Contractor must report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor must describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

I 001 Option to Extend Services

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule. Any such extension shall be mutually agreed upon by the Government and the Contractor.

Section J - List of Documents, Exhibits and Other Attachments

Attachment List

ATTACHMENT TITLE DATE

NO. OF

PAGES

1 Price Proposal Form March 31, 2021 1

2 Sample Invoice March 31, 2021

Section K - Representations, Certifications, and Other Statements of Bidders

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

3.2.2.3-3 AFFILIATED OFFERORS (JUL 2004)

3.2.2.3-82 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN -

CERTIFICATION (JUL 2012)

3.2.5-2 INDEPENDENT PRICE DETERMINATION (OCT 1996)

3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2017)

3.6.2-45 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (OCT

2015)

3.2.2.3-2 MINIMUM OFFER ACCEPTANCE PERIOD (JUL 2004)

(a) 'Acceptance period,' as used in this provision, means the number of calendar days the FAA (we, us) has to award a contract from the date the SIR specifies for receiving offers.

(b) This provision supersedes any language about the acceptance period appearing elsewhere in this SIR.

(c) We require a minimum acceptance period of [the CO should insert the number of days] calendar days.

(d) The Offeror (you) may specify a longer acceptance period than the period shown in paragraph (c). To specify a longer period, fill in the blank: The Offeror allows the following acceptance period: calendar days.

(e) We may reject an offer allowing less than the FAA's minimum acceptance period.

(f) You agree to fulfill your offer completely if the FAA accepts your offer in writing within:

(1) The acceptance period stated in paragraph (c) of this provision; or

(2) Any longer acceptance period stated in paragraph (d) of this provision.

(End of provision)

3.2.2.3-81 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS-REPRESENTATION (OCT 2015)

(a) Definition: "Inverted Domestic Corporation" and "subsidiary" are defined in AMS clause 3.2.2.3-83

"Contracting with Inverted Domestic Corporations."

(b) The FAA is not permitted to use appropriated or otherwise made available funds for contracts with either an inverted domestic corporation or a subsidiary of an inverted domestic corporation unless the requirement is waived in accordance with applicable AMS guidance)

(c) Representation. By submittal of its offer, the Offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one.

(End of Provision)

3.2.2.7-7 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (JAN 2018)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that

(i) All representations and certifications as reflected in the System for Award Management (SAM) are current and accurate as of the date the proposal/offer is submitted. The Offeror must provide immediate written notice to the

Contracting Officer if at any time prior to award the Offeror and/or any of its Principals learns that any certification or representation in SAM was erroneous when this proposal/offer was submitted or has become erroneous by reason of changed circumstances. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the Offeror acknowledges that they are designated as a SDVOSB by the Department of

Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.

(ii) The Offeror and/or any of its Principals-

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ] within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public-

(Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws or receiving stolen property; and

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1) (ii)(B) of this provision.

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples-

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec.