697DCK-23-R-00134_Elevator Maintenance_MEM and ZME.pdf
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- Attached to
- Elevator Maintenance for Memphis ATCT & ARTCC Federal contract opportunity
- Solicitation number
- 697DCK-23-R-00134
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 697DCK-23-R-00134-0002.pdf | ||
| 697DCK-23-R-00134-0002.pdf | ||
| 697DCK-23-R-00134-0001.pdf | ||
| 697DCK-23-R-00134_Elevator Maintenance_MEM and ZME v2.pdf | ||
| 04_Contractor Staffing Access Questionnaire.pdf | ||
| 02_Wage Determination 1986-0538 Rev 51_Dated 20230112.pdf | ||
| 03_Customer Satisfaction Survey - 697DCK-23-R-00134.docx | DOCX document | |
| 01_PWS_Memphis District PWS Elevator Maintenance MEM ZME_20230417.pdf |
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Text version
SEE ADDENDUMIS CHECKED.
CODE 17a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE 16a. CONTRACTOR/
TELEPHONE NO.
16b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
AAQ520FTW-AFN
FORT WORTH TX 76177-1524
10101 HILLWOOD PARKWAY
AAQ-500 - REGIONAL ACQUISITIONS
FEDERAL AVIATION ADMINISTRATION
7694701F
Memphis TN 38118 3229 Democrat Road
694701 DOT FAA ARTCC
CODE 15. ADMINISTERED BYCODE 14. DELIVER TO
X
X
X
SEE SCHEDULE
BLOCK IS MARKED
238290
SIZE STANDARD:
% FORSET ASIDE
UNRESTRICTED
AAQ520FTW-AFN
FORT WORTH TX 76177-1524
10101 HILLWOOD PARKWAY
AAQ-500 - REGIONAL ACQUISITIONS
FEDERAL AVIATION ADMINISTRATION
RFPIFB
11. DELIVERY FOR FOB10. THIS ACQUISITION ISCODE 9. ISSUED BY
RFQ
13. METHOD OF SOLICITATION
DESTINATION UNLESS
SIC:
SMALL BUSINESS
12. DISCOUNT TERMS
07/31/2023 1500 CT
06/15/2023
817-914-3866Yvette Jackson (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 2. CONTRACT NO.
7.
6. SOLICITATION
697DCK-23-R-00134
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 61ES-23-00471
OFFEROR TO COMPLETE BLOCKS 12, 16, 22, 23, & 28
EFFECTIVE DATE
$22
17b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 17a. UNLESS BLOCK BELOW
ISSUE DATE
23.
AMOUNT
22.
UNIT PRICE
21.
UNIT
20.
QUANTITY
19.
SCHEDULE OF SUPPLIES/SERVICES
18.
ITEM NO.
Elevator Maintenance Services, Memphis, TN
Contracting Officer: Dylan Huntley
Contract Specialist: Yvette Jackson
Continued ...
27. AWARD OF CONTRACT: REFERENCE
HEREIN, IS ACCEPTED AS TO ITEMS:
X
DATED
Dylan J. Huntley
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
40d. TOTAL CONTAINERS40c. DATE REC'D (YY/MM/DD)
40b. RECEIVED AT (Location)
40a. RECEIVED BY (Print)
26. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
38. PAID BY37. S/R VOUCHER NUMBER36. S/R ACCOUNT NUMBER
35. CHECK NUMBER
FINALCOMPLETE PARTIAL
34. PAYMENT
39c. DATE39b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
39a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32c. DATE32b. SIGNATURE OF AUTHORIZED CONTRACT AUTHORITY
REPRESENTATIVE
FINALPARTIAL
CORRECT FOR
33. AMOUNT VERIFIED 32. VOUCHER NUMBER
CONTRACT, EXCEPT AS NOTED
ACCEPTED, AND CONFORMS TO THEINSPECTEDRECEIVED
30a. QUANTITY IN COLUMN 20 HAS BEEN
29c. DATE SIGNED
28a. SIGNATURE OF OFFEROR/CONTRACTOR 29a. CONTRACT AUTHORITY (SIGNATURE OF CONTRACTING OFFICER)
28c. DATE SIGNED28b. NAME AND TITLE OF SIGNER (Type or Print) 29b. NAME OF CONTRACTING OFFICER (Type or Print)
31. SHIP NUMBER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND
CONDITIONS SPECIFIED HEREIN.
25. TOTAL AWARD AMOUNT (For Contract Authority Use Only)24. ACCOUNTING AND APPROPRIATION DATA
OFFER
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 61
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-23-R-00134
(A) (B) (C) (D) (E) (F)
Contracting Officer Representative: Caroline
Neading
Period of Performance: 08/01/2023 to 07/31/2024
00001 Base Period MEM ATCT ELEVATOR MAINTENANCE. 12 MO
INCLUDES ONE TRACTION ELEVATOR AND ONE HYDRAULIC
ELEVATOR. Period of Performance 8/1/2023 -
7/31/2024.
Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached performance work statement.
00002 Base Period ZME ATCT ELEVATOR MAINTENANCE. 12 MO
INCLUDES ONE HYDRAULIC ELEVATOR AND TWO STAIRWAY
CHAIRLIFTS. Period of Performance 8/1/2023 -
7/31/2024.
Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached performance work statement.
00003 OPTION ONE YEAR MEMPHIS ATCT (MEM-ATCT) 2515 12 MO
Winchester Road Memphis, TN 38116 ELEVATOR
MAINTENANCE INCLUDES ONE (1) TRACTION ELEVATOR,
ONE (1) HYDRAULIC ELEVATOR
Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached performance work statement.
Anticipated Award Type: Firm-fixed-price
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)05/31/2024
QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 61
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-23-R-00134
(A) (B) (C) (D) (E) (F)
Period of Performance: 08/01/2024 to 07/31/2025
00004 OPTION ONE YEAR MEMPHIS ARTCC ZME 3229 Democrat 12 MO
Road Memphis, TN 38118, ELEVATOR MAINTENANCE
INCLUDES ONE (1) HYDRAULIC ELEVATOR AND TWO (2)
STAIRWAY CHAIRLIFTS.
Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached performance work statement.
Anticipated Award Type: Firm-fixed-price
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)05/31/2024
Period of Performance: 08/01/2024 to 07/31/2025
00005 OPTION TWO YEAR MEMPHIS ATCT (MEM-ATCT) 2515 12 MO
Winchester Road Memphis, TN 38116 ELEVATOR
MAINTENANCE INCLUDES ONE (1) TRACTION ELEVATOR,
ONE (1) HYDRAULIC ELEVATOR
Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached performance work statement.
Anticipated Award Type: Firm-fixed-price
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)05/31/2025
Period of Performance: 08/01/2025 to 07/31/2026
00006 OPTION TWO YEAR MEMPHIS ARTCC ZME 3229 Democrat 12 MO
Road Memphis, TN 38118, ELEVATOR MAINTENANCE
INCLUDES ONE (1) HYDRAULIC ELEVATOR AND TWO (2)
STAIRWAY CHAIRLIFTS.
Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
4 61
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-23-R-00134
(A) (B) (C) (D) (E) (F) including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached performance work statement.
Anticipated Award Type: Firm-fixed-price
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)05/31/2025
Period of Performance: 08/01/2025 to 07/31/2026
00007 OPTION THREE YEAR MEMPHIS ATCT (MEM-ATCT) 2515 12 MO
Winchester Road Memphis, TN 38116 ELEVATOR
MAINTENANCE INCLUDES ONE (1) TRACTION ELEVATOR,
ONE (1) HYDRAULIC ELEVATOR
Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached performance work statement.
Anticipated Award Type: Firm-fixed-price
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)05/31/2026
Period of Performance: 08/01/2026 to 07/31/2027
00008 OPTION THREE YEAR MEMPHIS ARTCC ZME 3229 Democrat 12 MO
Road Memphis, TN 38118, ELEVATOR MAINTENANCE
INCLUDES ONE (1) HYDRAULIC ELEVATOR AND TWO (2)
STAIRWAY CHAIRLIFTS.
Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached performance work statement.
Anticipated Award Type: Firm-fixed-price
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
5 61
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-23-R-00134
(A) (B) (C) (D) (E) (F)
)05/31/2026
Period of Performance: 08/01/2026 to 07/31/2027
00009 OPTION FOUR YEAR MEMPHIS ATCT (MEM-ATCT) 2515 12 MO
Winchester Road Memphis, TN 38116 ELEVATOR
MAINTENANCE INCLUDES ONE (1) TRACTION ELEVATOR,
ONE (1) HYDRAULIC ELEVATOR
Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached performance work statement.
Anticipated Award Type: Firm-fixed-price
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)05/31/2027
Period of Performance: 08/01/2027 to 07/31/2028
00010 OPTION FOUR YEAR MEMPHIS ARTCC ZME 3229 Democrat 12 MO
Road Memphis, TN 38118, ELEVATOR MAINTENANCE
INCLUDES ONE (1) HYDRAULIC ELEVATOR AND TWO (2)
STAIRWAY CHAIRLIFTS.
Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached performance work statement.
Anticipated Award Type: Firm-fixed-price
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)05/31/2027
Period of Performance: 08/01/2027 to 07/31/2028
00011 (EMERGENCY CLIN) -- This CLIN is for emergency repair/maintenance situations not covered under the PWS and shall not exceed 25% of the total contract value.
Section A - Solicitation/Contract Form
Section C - Description/Specifications Elevator Maintenance Services at Memphis ATCT and Memphis ARTCC. Provide all material, labor, parts, tools, supervision, and equipment necessary to provide a complete full-service maintenance program, including but not limited to preventive maintenance, inspections, tests, adjustments, and repairs of all devices and their components in accordance with the attached Performance Work Statement.
Section D - Packaging and Marking
Section E - Inspection and Acceptance
3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR
1996)
3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)
Section F - Deliveries or Performance
3.10.1-9 STOP-WORK ORDER (OCT 1996)
SA13 HOLIDAYS
The following Federal holidays are observed by the Federal Aviation Administration.
New Year's Day January 1st
Martin Luther King's Birthday Third Monday in January
Presidents Day Third Monday in February
Memorial Day Last Monday in May
Juneteenth Day June 19th
Independence Day July 4th
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans Day November 11th
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25th
Section G - Contract Administration Data
3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)
SA5 PHOTOGRAPHS
In accordance with FAA Order 1600.69, Paragraph 319 All employees on this contract are strictly prohibited from taking any photographs during the duration of this contract without prior approval of the Facility Manager.
SA14 AUTHORITY OF THE GOVERNMENT
No one other than the Contracting Officer has the authority to authorize or make changes in the terms, conditions, change the scope of work or specifications in the contract, make any commitments or otherwise obligate the Government, or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms and conditions of the contract.
SA36 CORRESPONDENCE
The contracting officer prefers to receive written communication and documents electronically via email at yvette.jackson@faa.gov and dylan.j.huntley@faa.gov. All email correspondence to the FAA must state the contract number in the 'Subject' field. Electronic documents must be accompanied by an explanatory email and should be sent in a portable-document-format type file (file extension pdf), such as Adobe Acrobat. Vendors are required to ensure that the quality of the administrative content in electronic files represents a reasonably high business standard. The Government is not responsible for the administrative ordering or legibility of correspondence received electronically. Emailed files/documents may not be in a zipped format. If electronic file sizes (i.e., typically expressed as kilobytes or megabytes) are too large for email attachments, recommend delivery in compact disk (CD) format submitted via hard-copy mail. Any CD mailing or printed-paper, hard-copy correspondence will be sent to the contracting officer at the following address.
N/A.
(End of Clause)
SA40 FAA FACILITY REGULATIONS
Contractor personnel, including employees of subcontractors, suppliers, etc., working on or visiting an FAA facility shall abide by all appropriate traffic, parking, security, and airport regulations in effect at that facility.
(End of Clause)
Section H - Special Contract Requirements
3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)
(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:
(1) Contracts written on paper and contracts in electronic form;
(2) Pen-and-ink signatures and electronic signatures; and
(3) Other legally-required written records and the same information in electronic form.
(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.
(c) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.
(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.
(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section
5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.
(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:
Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.
(End of Clause)
3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (JAN 2022)
(a) Definitions.
(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.
(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.
(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:
(i) The awarding of any Federal contract.
(ii) The making of any Federal grant.
(iii) The making of any Federal loan.
(iv) The entering into of any cooperative agreement.
(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.
(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.
(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.
(7) "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:
(i) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.
(ii) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.
(iii) A special Government employee, as defined in section 202, title 18, United States Code.
(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States Code, appendix 2.
(8) 'Person,' as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
(9) 'Reasonable compensation,' as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.
(10) 'Reasonable payment,' as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.
(11) 'Recipient,' as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
(12) 'Regularly employed,' as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person must be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.
(13) 'State,' as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi- State, regional, or interstate entity having governmental duties and powers.
(b) Prohibitions. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal action) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the screening information request (SIR), the offeror must complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and
(3) He or she will include the language of this clause in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 must disclose accordingly.
(4) This certification and disclosure is a prerequisite for making or entering into this contract imposed by the Act.
Any person who makes a prohibited expenditure or fails to file or amend a disclosure form, must be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure.
(c) The prohibitions of the Act do not apply under the following conditions:
(1) Agency and legislative liaison by its own employees.
(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.
(ii) For purposes of subdivision (c)(1)(i) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.
(iii) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:
(A) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.
(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.
(iv) The following agency and legislative liaison activities are permitted where they are prior to Screening Information Request (SIR) of any covered Federal action:
(A) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;
(B) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and
(C) Capability presentations by persons seeking awards from an agency pursuant to the provisions of a law authorizing such actions;
(v) Only those services expressly authorized by subdivision (c)(1)(i) of this clause are permitted under this clause.
(2) Professional and technical services.
(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of:
(A) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.
(B) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.
(ii) For purposes of subdivision (c)(2)(i) of this clause, 'professional and technical services' must be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a submittal/offer by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's submittal/offer, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services.
Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a submittal/offer are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.
(iii) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.
(iv) Only those services expressly authorized by subdivisions (c)(2)(i) and (ii) of this clause are permitted under this clause.
(v) The reporting requirements herein must not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.
(d) Disclosure.
(1) If the Contractor, who requests or receives from an agency a Federal contract, has made or has agreed to make any payment using non-appropriated funds (to include profits from any Covered Federal action), to any person for the purpose of influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with a Covered Federal action, the Contractor must file with that agency a disclosure form, OMB Standard Form LLL, Disclosure of Lobbying Activities..
(2) The Contractor must file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (d)(1) of this clause. An event that materially affects the accuracy of the information reported includes:
(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or
(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or
(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.
(3) The Contractor must require the certification, and if required, a disclosure form by any person who requests or receives any subcontractor exceeding $150,000 under the Federal contract.
(4) All subcontractor disclosure forms must be forwarded from tier to tier until received by the prime Contractor.
The prime Contractor must submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor.
(e) Agreement. The Contractor agrees not to make any payment prohibited by this clause.
(f) Penalties.
(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or fails to file or amend the disclosure form to be filed or amended by paragraph (b) must be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.
(2) Contractors may rely without liability on the representations made by their subcontractors in the certification and in the disclosure form.
(g) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.
(End of clause)
Section I - Contract Clauses
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
https://fast.faa.gov/contractclauses.cfm.
(End of clause)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)
3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (JUL 2018)
3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS (APR 2023)
(a) The policy of the FAA is to avoid doing business with contractors, subcontractors, and consultants who have a conflict of interest or an appearance of a conflict of interest. The purpose of this policy is to maintain the highest level of integrity within its workforce and to ensure that the award of procurement contracts is based upon fairness and merit.
(b) The contractor must provide to the Contracting Officer the following information with its proposal and must provide an information update within 30 days of the award of a contract, any subcontract, or any consultant agreement, or within 30 days of the retention of a Subject Individual or former FAA employee subject to this clause:
(1) The names of all Subject Individuals who:
(i) participated in preparation of proposals for award; or
(ii) are planned to be used during performance; or
(iii) are used during performance; and
(2) The name of each individual, retained in any capacity by the contractor, who was employed by FAA during the five-year period immediately prior to the date of award; and
(3) The date on which the initial expression of interest in a future financial arrangement was discussed with the contractor by any former FAA employee whose name is required to be provided by the contractor pursuant to subparagraph (2); and
(4) The location where any Subject Individual or former FAA employee whose name is required to be provided by the contractor pursuant to subparagraphs (1) and (2), are expected to be assigned.
(c) "Subject Individual" means a current FAA employee's father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, spouse of an in-law, or a member of his/her household.
(d) The contractor must incorporate this clause into all subcontracts or consultant agreements awarded under this contract and must further require that each such subcontractor or consultant incorporate this clause into all subcontracts or consultant agreements at any tier awarded under this contract unless the Contracting Officer determines otherwise.
(e) The information as it is submitted, must be certified as being true and correct. If there is no such information, the certification must so state.
(f) Remedies for nondisclosure: The following are possible remedies available to the FAA should a contractor misrepresent or refuse to disclose or misrepresent any information required by this clause:
(1) Termination of the contract.
(2) Exclusion from subsequent FAA contracts.
(3) Other remedial action as may be permitted or provided by law or regulation or policy or by the terms of the contract.
(g) Annual Certification. The contractor must provide annually, based on the anniversary date of contract award, the following certification in writing to the Contracting Officer:
ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS
The contractor represents and certifies that to the best of its knowledge and belief that during the prior 12 month period:
[ ] A former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement and complete disclosure has been made in accordance with subparagraph (b) of AMS Clause 3.1.7-6.
[ ] No former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement, and disclosure required by AMS Clause 3.1.7-6 is not applicable.
Authorized Representative
Company Name
Date
(h) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that: (1) the contractor considers this clause to be inappropriate and unnecessary in the case of a particular subcontract; (2) the contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition and the reason why; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.
(End of clause)
3.2.1.5-4 CONTINUITY OF SERVICES - MISSION CRITICAL CONTRACTS (JAN 2008)
(a) The contractor recognizes that the supplies and/or services under this contract are critical to FAA and must be continued without interruption during times of National Emergency or Incidents of National Significance. Supplies and/or services to be continued without interruption are:
Elevator Maintenance and Repair Services
(b) National Emergencies or Incidents of National Significance include:
(1) Outbreak of pandemic influenza or infectious disease;
(2) Terrorist attack; and
(3) Natural disaster.
(c) Because the supplies and/or services under this SIR or contract are deemed critical by FAA, the contractor must make every reasonable effort to deliver these supplies and/or services per the contract requirements during times of National Emergency or Incidents of National Significance; however, the presence of this clause does not affect or diminish the Contractor's rights under Default or Termination clauses incorporated into this SIR or contract.
(d) Within 30 days after award, the contractor must submit a Continuity of Contract Performance Plan to the Contracting Officer (CO) for review and acceptance. This plan describes the processes and tools that the contractor will commit to ensure supplies and/or services are delivered as required during times of National Emergency or Incidents of National Significance. This plan must include the following sections:
(1) Plans and Procedures: Detail the plans and procedures in place that will provide for continued contract performance for supplies and/or services during times of National Emergencies or Incidents of National Significance;
(2) Essential Functions: Record functions that are essential to the continuation of mission critical contract performance;
(3) Delegations of Authority, Planned Order of Succession, and Cross-Training: Procedures in place to ensure personnel are available to make key decisions and perform critical services when primary personnel are unavailable;
(4) Alternate Operating Facilities: When the primary facility is unavailable, detail plans to make available other facilities unaffected by the National Emergency or Incident of National Significance. If contract performance allows, this may include alternatives such as telecommute;
(5) Interoperable and Effective Communications: Identify alternate communication systems if primary systems are unavailable;
(6) Critical Records or Data: Identify plans in place to ensure critical records and data are still available to ensure the integrity of contract performance;
(7) Protection of Human Capital: Identify comprehensive plans to protect the overall health and welfare of the workforce in times of National Emergency or Incidents of National Significance;
(8) Testing and Training of the Plan: Detail comprehensive testing and training of the plan to improve the execution of contract performance in times of National Emergency or Incidents of National Significance;
(9) Devolution of Control and Direction: Identify plans and the ability to transfer authority and responsibility of essential functions from the primary location to other sites and employees; and
(10) Reconstitution and Resuming Normal Operations: Identify procedures and processes to expedite the return of contract performance and operations to their normal state.
(e) The Continuity of Contract Performance Plan must be made available by the contractor to all authorized contractor personnel with a "need-to-know" for review and use during the term of the contract.
(f) The Continuity of Contract Performance Plan must be updated as needed.
(End of Clause)
3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)
3.2.2.3-67 SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (APR 2022)
3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (OCT 2015)
3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2023)
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2019)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder must not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.
(End of clause)
3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (JUL 2021)
(a) The Government may extend the term of this contract by written notice (contract modification) to the Contractor prior to the expiration of the current period of performance provided, that the Government will give the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract must be considered to include this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, must not exceed 6 (months) 5 (years).
(End of clause)
3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 2021)
3.2.5-3 GRATUITIES OR GIFTS (OCT 2019)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2019)
3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (OCT 2022)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.3.1-1 PAYMENTS (JUL 2018)
3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (JUL 2018)
3.3.1-7 LIMITATION ON WITHHOLDING OF PAYMENTS (JUL 2018)
3.3.1-8 EXTRAS (JUL 2018)
3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)
3.3.1-11 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1996)
Funds are not presently available for performance under this contract beyond N/A.. The FAA's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the FAA for any payment may arise for performance under this contract beyond N/A, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)
3.3.1-17 PROMPT PAYMENT (JAN 2021)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS
(OCT 2012)
3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (APR 2022)
(a) Definitions. As used in this clause
"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the Unique Entity Identifier (UEI) or the Electronic Funds Transfer indicator, into the SAM database.
"System for Award Management (SAM) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.
"Unique Entity Identifier (UEI)" (also known as the Unique Entity ID) means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
"Electronic Funds Transfer indicator" means a 4-character suffix to the Unique Entity Identifier. This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror must enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the UEI or EFT indicator that identifies the offeror's name and address exactly as stated in the offer. The UEI will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a UEI, it should contact www.sam.gov directly to obtain one.
The offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company Physical Street Address, City, State, and ZIP Code.
(4) Company Mailing Address, City, State and ZIP Code (if different from physical street address).
(5) Company Telephone Number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity).
(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.
(e) Processing time should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in 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://vetbiz.va.gov/vip//.
(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:
(A) Change the name in the SAM database;
(B) Comply with the requirements of AMS regarding novation and change-of-name agreements; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.
(End of Clause)
3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD
MANAGEMENT (JUL 2018)
3.3.1-36 AVAILABILITY OF FUNDS - OPTION PERIODS UNDER A CONTINUING RESOLUTION
(APR 2008)
Due to the possibility of the enactment of a continuing resolution in lieu of an annual appropriation, full fiscal year funding may not be available for an entire contract option period. In the event of a continuing resolution, FAA will only be liable for an amount based on the time period specified by the continuing resolution. The amount of funds made available by the continuing resolution will be specified by subsequent modification. If the contractor provides services in excess of the funded amount or beyond the covered period, the contractor does so at its own risk.
(End of Clause)
3.3.1-37 LIMITATION ON GOVERNMENT'S OBLIGATION (JUL 2018)
(a) Of the total price of contract line item number(s) (CLINs) [CO to insert data], $[CO to insert data] is presently available for payment and allocated to these CLINs.
(b) The Contractor agrees to perform on these CLINs up to the point at which, in the event of termination of this contract pursuant to the applicable "Termination for Convenience of the Government" clause, the total amount payable by the Government (including amounts payable in respect of subcontracts and settlement costs,) pursuant to paragraph (c) below, would in the exercise of reasonable judgment by the Contractor approximate the total amount currently allotted to the contract. The Contractor is not authorized to continue work on these CLINs beyond this point. The Government is not obligated to reimburse the Contractor in excess of the amount from time to time allotted to the contract, regardless of anything to the contrary in "Termination for Convenience of the Government."
(c) Funds presently allotted to this contract are estimated to cover the work to be performed until [CO to insert data].
If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until this date, or an agreed substitute date, the Contractor must notify the Contracting Office in writing when within the next 30 days the work will reach a point at which, in the event of termination of this contract pursuant to "Termination for Convenience of the Government," the total amount payable by the Government pursuant to paragraph (e) below,…
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