697DCK-26-R-00332 Solicitation.pdf
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- Solicitation number
- 697DCK-26-R-00332
About this file
Solicitation Summary
This is a Negotiated Request for Proposal (RFP) issued by the Federal Aviation Administration for grounds maintenance services at two FAA facilities in Northern California. The solicitation number is 697DCK-26-R-00332, with a requisition number WS-26-00735, issued on August 6, 2026, with an offer deadline of August 31, 2026 at 5:00 PM ET.
The contract encompasses grounds maintenance services at two locations: the Northern California Terminal Radar Approach Control (NCT TRACON) facility in Mather, California, and the Oakland Air Route Traffic Control Center (ZOA ARTCC) facility in Fremont, California. The base contract period runs from October 1, 2026 through September 30, 2027, with four optional one-year extensions available through September 30, 2031. The contractor must provide all labor, materials, equipment, transportation, insurance, and supervision necessary for grounds maintenance operations, including lawn care, landscaping, and facility grounds upkeep. Contractors must provide monthly pricing with separate annual totals for each facility and each contract year. The FAA expects to award a single firm-fixed-price contract based on lowest-priced, technically acceptable offer (LPTA) methodology. Offerors must be registered in the System for Award Management (SAM) and provide a UEI. The contract is classified under NAICS code 561730 with a small business size standard of $9.5 million in annual average receipts. All contractor employees requiring access to FAA facilities must pass security clearance and background investigation requirements per FAA Order 1600.1F. Offerors must demonstrate past performance through three customer satisfaction surveys from third-party references and provide evidence of at least three similar grounds maintenance contracts completed within the past five years. Required insurance includes $200,000 bodily injury, $100,000 property damage auto liability, $500,000 combined general liability, $100,000 workers' compensation, and $1,000,000 umbrella coverage. Optional site visits are available August 18-19, 2026, with advance notice required by August 17, 2026.
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SEC.
14A. NAME
AND
ADDRESS
OF
OFFEROR
SOLICITATION, OFFER AND AWARD PAGE
1. CONTRACT NO. 2. SOLICITATION NUMBER 3. SOLICITATION TYPE 4. DATE ISSUED 5. REQUISITION/PURCHASE NUMBER
CODE6. ISSUED BY 7. ADDRESS OFFER TO (If other than Item 6)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"
SOLICITATION
8. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the depository located in until local time
CAUTION: LATE Submissions, Modifications and Withdrawals. All offers are subject to all terms and conditions contained in this solicitation.
9. FOR
INFORMATION
CALL
A. NAME B. TELEPHONE (NO COLLECT CALLS)
AREA CODE NUMBER EXT.
C. E-MAIL ADDRESS
10. TABLE OF CONTENTS
(X) DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION
A B
C D E F G H
I
J
K
L
M EVALUATION FACTORS FOR AWARD
INSTR., CONDS., AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
LIST OF ATTACHMENTS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
CONTRACT CLAUSESSOLICITATION/CONTRACT FORM
SUPPLIES OR SERVICES AND PRICE/COST
DESCRIPTION/SPECS./WORK STATEMENT
PACKAGING AND MARKING
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
CONTRACT ADMINISTRATION DATA
SPECIAL CONTRACT REQUIREMENTS
NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
11. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
12. DISCOUNT FOR PROMPT PAYMENT
13. ACKNOWLEDGEMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)
DATEAMENDMENT NO.AMENDMENT NO. DATE
CODE FACILITY 15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
AREA CODE NUMBER EXT.
14C. CHECK IF REMITTANCE ADDRESS IS
DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
16. SIGNATURE 17. OFFER DATE
AWARD (To be completed by CONTRACT AUTHORITY)
18. ACCEPTED AS TO ITEMS NUMBERED 19. AMOUNT 20. ACCOUNTING AND APPROPRIATION
21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
23. ADMINISTERED BY (If other than Item 6) CODE
25. NAME OF CONTRACTING OFFICER (Type or print)
IMPORTANT - Award will be made on this Form, or by other authorized official written notice.
22. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
24. PAYMENT WILL BE MADE BY
26. CONTRACT AUTHORITY
(Signature of Contracting Officer)
27. AWARD DATE
CODE
ITEM
SEALED BID (IFB)
NEGOTIATED BID (RFP)
(Hour) (Date)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
14B. TELEPHONE NUMBER
OF PAGES
WS-26-00735
697DCK-26-R-00332
Anna.F.Glover@faa.gov
Joshua L. Haker
FEDERAL AVIATION ADMINISTRATION
AAQ-500 - REGIONAL ACQUISITIONS
1701 COLUMBIA AVENUE
COLLEGE PARK GA 30337
AAQ510ATL-AFN
1700 ES
Anna F. Glover
08/31/2026
404 305-5788
08/06/2026
1 73
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NSN 7540-01-152-8067
Grounds Maintenance at Northern California
TRACON and Oakland ARTCC
00001 BASE 10/01/2026 - 09/30/2027 NCT: GROUNDS
MAINTENANCE SERVICES AT THE NORTHERN CA
TERMINAL RADAR APPROACH CONTROL (NCT TRACON)
FACILITY, 11375 DOUGLAS ROAD, MATHER, CA 95655.
SERVICES ARE TO BE PERFORMED IAW THE SCOPE OF
WORK AND THE TERMS AND CONDITIONS.
FAA FPOC: BRAD.CANTRELL@FAA.GOV / (916)
366-4012
Electronic & IT: 03
Delivery: 09/01/2026
Delivery Location Code: 4699E34F
4699E34F
699E34 DOT FAA WWU34 NCT WP84TJ
NORTHERN CAL TRACON ENV COMM SSC
11375 DOUGLAS RD
MATHER CA 956554008 US
Period of Performance: 10/01/2026 to
09/30/2027
00002 BASE 10/01/2026 - 09/30/2027 ZOA: GROUNDS
MAINTENANCE SERVICES AT THE OAKLAND AIR ROUTE
TRAFFIC CONTROL CENTER (ZOA ARTCC) FACILITY,
5125 CENTRAL AVENUE, FREMONT, CA 94536. ALL
SERVICES TO BE PERFORMED IAW THE SCOPE OF WORK
AND THE TERMS AND CONDITIONS.
FAA POC: COLEEN.LOFTUS@FAA.GOV / (510)
745-3310
Electronic & IT: 03
Delivery: 10/01/2026
Delivery Location Code: 46991XEF
46991XEF
6991XE DOT FAA WWU14 ZOA WP854B
OAKLAND ARTCC IFD COMMUNICATION SSC
5125 CENTRAL AVE
FREMONT CA 945366531 US
Period of Performance: 10/01/2026 to
09/30/2027
00003 OPTION 1 10/01/2027 - 09/30/2028 NCT: GROUNDS
Continued...
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
MAINTENANCE SERVICES AT THE NORTHERN CA
TERMINAL RADAR APPROACH CONTROL (NCT TRACON)
FACILITY, 11375 DOUGLAS ROAD, MATHER, CA 95655.
SERVICES ARE TO BE PERFORMED IAW THE SCOPE OF
WORK AND THE TERMS AND CONDITIONS.
(Option Line Item)
(Expected Exercise Date/Days After Award: )
09/30/2027
Period of Performance: 10/01/2027 to
09/30/2028
00004 OPTION 1 10/01/2027 - 09/30/2028 ZOA: GROUNDS
MAINTENANCE SERVICES AT THE OAKLAND AIR ROUTE
TRAFFIC CONTROL CENTER (ZOA ARTCC) FACILITY,
5125 CENTRAL AVENUE, FREMONT, CA 94536.
SERVICES ARE TO BE PERFORMED IAW THE SCOPE OF
WORK AND THE TERMS AND CONDITIONS.
(Option Line Item)
(Expected Exercise Date/Days After Award: )
09/30/2027
Period of Performance: 10/01/2027 to
09/30/2028
00005 OPTION 2 10/01/2028 - 09/30/2029 NCT: GROUNDS
MAINTENANCE SERVICES AT THE NORTHERN CA
TERMINAL RADAR APPROACH CONTROL (NCT TRACON)
FACILITY, 11375 DOUGLAS ROAD, MATHER, CA 95655.
SERVICES ARE TO BE PERFORMED IAW THE SCOPE OF
WORK AND THE TERMS AND CONDITIONS.
(Option Line Item)
(Expected Exercise Date/Days After Award: )
09/30/2028
Period of Performance: 10/01/2028 to
09/30/2029
00006 OPTION 2 10/01/2028 - 09/30/2029 ZOA: GROUNDS
MAINTENANCE SERVICES AT THE OAKLAND AIR ROUTE
TRAFFIC CONTROL CENTER (ZOA ARTCC) FACILITY,
5125 CENTRAL AVENUE, FREMONT, CA 94536.
SERVICES ARE TO BE PERFORMED IAW THE SCOPE OF
WORK AND THE TERMS AND CONDITIONS.
(Option Line Item)
(Expected Exercise Date/Days After Award: )
09/30/2028
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
Period of Performance: 10/01/2028 to
09/30/2029
00007 OPTION 3 10/01/2029 - 09/30/2030 NCT: GROUNDS
MAINTENANCE SERVICES AT THE NORTHERN CA
TERMINAL RADAR APPROACH CONTROL (NCT TRACON)
FACILITY, 11375 DOUGLAS ROAD, MATHER, CA 95655.
SERVICES ARE TO BE PERFORMED IAW THE SCOPE OF
WORK AND THE TERMS AND CONDITIONS.
(Option Line Item)
(Expected Exercise Date/Days After Award: )
09/30/2029
Period of Performance: 10/01/2029 to
09/30/2030
00008 OPTION 3 10/01/2029 - 09/30/2030 ZOA: GROUNDS
MAINTENANCE SERVICES AT THE OAKLAND AIR ROUTE
TRAFFIC CONTROL CENTER (ZOA ARTCC) FACILITY,
5125 CENTRAL AVENUE, FREMONT, CA 94536.
SERVICES ARE TO BE PERFORMED IAW THE SCOPE OF
WORK AND THE TERMS AND CONDITIONS.
(Option Line Item)
(Expected Exercise Date/Days After Award: )
09/30/2029
Period of Performance: 10/01/2029 to
09/30/2030
00009 OPTION 4 10/01/2030 - 09/30/2031 NCT: GROUNDS
MAINTENANCE SERVICES AT THE NORTHERN CA
TERMINAL RADAR APPROACH CONTROL (NCT TRACON)
FACILITY, 11375 DOUGLAS ROAD, MATHER, CA 95655.
SERVICES ARE TO BE PERFORMED IAW THE SCOPE OF
WORK AND THE TERMS AND CONDITIONS.
(Option Line Item)
(Expected Exercise Date/Days After Award: )
09/30/2030
Period of Performance: 10/01/2030 to
09/30/2031
00010 OPTION 4 10/01/2030 - 09/30/2031 ZOA: GROUNDS
MAINTENANCE SERVICES AT THE OAKLAND AIR ROUTE
TRAFFIC CONTROL CENTER (ZOA ARTCC) FACILITY,
5125 CENTRAL AVENUE, FREMONT, CA 94536 FROM ,
IAW THE SCOPE OF WORK AND THE TERMS AND
CONDITIONS.
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
(Option Line Item)
(Expected Exercise Date/Days After Award: )
09/30/2030
Period of Performance: 10/01/2030 to
09/30/2031
Section A - Solicitation/Contract Form
Section B - Supplies or Services/Prices Section B - Schedule
1. BASE YEAR: GROUNDS MAINTENANCE SERVICES AT THE NORTHERN CA TERMINAL RADAR
APPROACH CONTROL (NCT TRACON) FROM 10/01/2026 - 09/30/2027, IAW SCOPE OF WORK AND THE
TERMS AND CONDITIONS.
Base Year, Monthly rate: $____________________ Annual total: $ _____________________
2. BASE YEAR: GROUNDS MAINTENANCE SERVICES AT THE OAKLAND AIR ROUTE TRAFFIC
CONTROL CENTER (ZOA ARTCC) FACILITY, FROM 10/01/2026 - 09/30/2027, IAW SCOPE OF WORK
AND THE TERMS AND CONDITIONS.
Base Year, Monthly rate: $____________________ Annual total: $ _____________________
3. OPTION YEAR 1: GROUNDS MAINTENANCE AT THE NORTHERN CA TERMINAL RADAR
APPROACH CONTROL (NCT TRACON) FACILITY, FROM 10/01/2027 - 09/30/2028, IAW SCOPE OF WORK
Option Year 1, Monthly rate: $____________________ Annual total: $ _____________________
4. OPTION YEAR 1: GROUNDS MAINTENANCE SERVICES AT THE OAKLAND AIR ROUTE TRAFFIC
CONTROL CENTER (ZOA ARTCC) FACILITY, FROM 10/01/2027 - 09/30/2028, IAW SCOPE OF WORK
Option Year 1, Monthly rate: $____________________ Annual total: $ _____________________
5. OPTION YEAR 2: GROUNDS MAINTENANCE AT THE NORTHERN CA TERMINAL RADAR
APPROACH CONTROL (NCT TRACON) FACILITY, FROM 10/01/2028 - 09/30/2029, PER SCOPE OF WORK
AND IAW THE TERMS AND CONDITIONS.
Option Year 2, Monthly rate: $____________________ Annual total: $ _____________________
6. OPTION YEAR 2: GROUNDS MAINTENANCE SERVICES AT THE OAKLAND AIR ROUTE TRAFFIC
CONTROL CENTER (ZOA ARTCC) FACILITY, FROM 10/01/2028 - 09/30/2029, IAW SCOPE OF WORK
Option Year 2, Monthly rate: $____________________ Annual total: $ _____________________
7. OPTION YEAR 3: GROUNDS MAINTENANCE SERVICES AT THE NORTHERN CA TERMINAL
RADAR APPROACH CONTROL (NCT TRACON) FACILITY, FROM 10/01/2029 - 09/30/2030, IAW SCOPE
OF WORK AND THE TERMS AND CONDITIONS.
Option Year 3, Monthly rate: $____________________ Annual total: $ _____________________
8. OPTION YEAR 3: GROUNDS MAINTENANCE SERVICES AT THE OAKLAND AIR ROUTE TRAFFIC
CONTROL CENTER (ZOA ARTCC) FACILITY, FROM 10/01/2029 - 09/30/2030, IAW SCOPE OF WORK
Option Year 3, Monthly rate: $____________________ Annual total: $ _____________________
9. OPTION YEAR 4: GROUNDS MAINTENANCE AT THE NORTHERN CA TERMINAL RADAR
APPROACH CONTROL (NCT TRACON) FACILITY, FROM 10/01/2030 - 09/30/2031, IAW SCOPE OF WORK
AND IAW THE TERMS AND CONDITIONS.
Option Year 4, Monthly rate: $____________________ Annual total: $ _____________________
10. OPTION YEAR 4: GROUNDS MAINTENANCE SERVICES AT THE OAKLAND AIR ROUTE TRAFFIC
CONTROL CENTER (ZOA ARTCC) FACILITY, FROM 10/01/2030 - 09/30/2031, IAW SCOPE OF WORK
Option Year 4, Monthly rate: $____________________ Annual total: $ _____________________
GRAND TOTAL: (Base + 4 option years) $ _________________________
Clause List
SA25 PRICES/COSTS FOR SERVICES
Furnish all labor, materials, equipment, transportation, insurance, notifications, licenses, permits, fees and supervision necessary for Grounds Maintenance at the Northern California TRACON and Oakland ARTCC in accordance with the specifications, drawings, contract clauses, and wage rates.
The offered price shall encompass all costs related to (a) direct and indirect labor, fringe benefits, overhead, G&A expenses, profit, material, equipment, other direct costs, insurance, freight, handling, transportation, inspection, testing, operation and maintenance manuals, bonds, etc., (b) federal, state, and local taxes, (c) all applicable fees permits, licenses, and (d) any miscellaneous charges.
An offeror is required to provide a price for each contract line item (CLIN). Failure to comply may result in the rejection of the subject offer. A single award shall be made. There shall be no split award. In the event that the CLIN price for any line item is materially unbalanced, the entire offer may be rejected without discussion with the offeror.
In the event of any disparity between the CLIN price and the total offered price, the CLIN price shall be deemed correct, and the total offered amount shall be revised accordingly, unless available information indicates otherwise.
Effective April 1, 1996, the Federal Aviation Administration (FAA) began operating under the new FAA Acquisition Management System. The l996 DOT Appropriation Act, Public Law 104-50, mandated that the FAA rewrite its acquisition regulations and granted legislative relief from certain laws. The Federal Acquisition Regulations (FAR), Federal Acquisition Streamlining Act of 1994, Small Business Act, and Competition in Contracting Act, are three of these laws.
(End of Clause)
SA29 SOLICITATION QUESTIONS
All contractors proposing this project desiring an interpretation or clarification of the specifications, drawings, contract terms and conditions, etc., must make the request by e-mail to Anna.F.Glover@faa.gov. Telephone questions will not be accepted. The requestor shall provide a company name, point-of -contact name, address and telephone number, as well as a return e-mail address or FAX number. The Contracting Officer is the only person authorized to make clarifications, interpretations, or changes to this solicitation.
QUESTIONS ARE DUE by: August 19, 2026 at 5:00PM ET.
(End of Clause)
SA30 SITE VISIT
There are optional site visits at the Dates and Times listed below.
-FAA Northern California TRACON, 11375 Douglas Road, Mather, CA 95655 -Tuesday, August 18, 2026 at 10:00am local time -Oakland ARTCC, 5125 Central Avenue, Fremont, CA 94536 - Wednesday, August 19, 2026 at 10:00am local time
The meeting point and any pertinent site visit instructions will be provided to the attendees once interest is expressed.
The FAA facility escort has been instructed not to answer any questions about the project during the site visit, please do not ask them any. All questions from the site visit must be submitted in writing according to the RFP's instructions. The FAA assumes no responsibility for any conclusions or interpretations made by the contractor based on the information received by any means other than in writing from the Contracting Officer. The FAA does not assume responsibility for any understanding reached or representation made concerning conditions, which can affect the work, by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in the contract.
To attend the site visit, advance notice by email is required by August 17, 2026, 4:00pm ET to the Contract Specialist/Contracting Officer listed in this Solicitation. You are required to provide your company representative's name.
The remainder of this page has been intentionally left blank.
Section C - Description/Specifications Scope of Work
The Statements of Work (SOWs) for this Solicitation are listed in Section J - Attachments.
Section D - Packaging and Marking
Section E - Inspection and Acceptance Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
https://fast.faa.gov/contractclauses.cfm.
(End of clause)
3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR
1996)
Section F - Deliveries or Performance Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
https://fast.faa.gov/contractclauses.cfm.
(End of clause)
3.10.1-9 STOP-WORK ORDER (APR 2025)
3.10.1-24 NOTICE OF DELAY (MAR 2009)
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 Independence 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 Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
https://fast.faa.gov/contractclauses.cfm.
(End of clause)
3.10.1-22 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 Anna.F.Glover@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.
Email only to Anna.F.Glover@faa.gov.
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.
Section H - Special Contract Requirements Clause List
3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)
(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:
(1) Contracts written on paper and contracts in electronic form;
(2) Pen-and-ink signatures and electronic signatures; and
(3) Other legally-required written records and the same information in electronic form.
(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.
(c) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.
(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.
(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section
5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.
(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:
Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.
(End of Clause)
SA15 INSURANCE REQUIREMENTS SCHEDULE
"(See Section I, Clause 3.4.1-10, Insurance--Work on Federal Aviation Administration Installation)
During the term of the contract, the Contractor and each subcontractor shall at their own expense, purchase and maintain the following minimum insurance requirements in companies properly licensed and satisfactory to the Contracting Officer:
Automobile and Truck Liability
$200,000 - bodily injury per person, not to exceed $500,000 per occurrence.
$100,000 - property damage per occurrence.
Comprehensive General Liability
$500,000 - Combined bodily injury and property damage per occurrence.
Workmen's Compensation
$100,000 or statutory, whichever is greater.
Umbrella or Excess Liability
$1,000,000 combined single limits bodily injury and property damage.
Insurance certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least 30 days prior written notice has been given to the Contracting Officer at the following address:
Federal Aviation Administration
ATTN: Anna Glover Contracts Specialist, AAQ- 530 email to Anna.F.Glover@faa.gov
It is agreed that the Federal Aviation Administration, the property owner(s) and their representatives will be held harmless by the Contractor for any loss or damage to sheds, tools, equipment, property and materials of the Contractor, and his subcontractors, their servants and employees, it being understood that the Contractor may at his expense carry any insurance which may be required to provide the necessary protection against such loss or damage.
The Contractor shall not commence work under the contract until he has obtained all the insurance required hereunder and such insurance has been approved by the Contracting Officer. Approval of the insurance by the Contracting Officer shall not relieve or decrease the liability of the Contractor.
The policy shall name "The United States of America, acting by and thought the Federal Aviation Administration" as an additional insured with respect to operations performed under this contract.
H.0001 PRESS RELEASE LANGUAGE (DEC 2025)
The FAA’s Office of Communications must review and approve all marketing materials, including press releases and articles about the work being performed under the contract on behalf of the agency, prior to release. Media inquiries about work being performed under the contract on behalf of the agency must be referred to the FAA.
Contracting Officer AND FAA’s Office of Communications at pressoffice@faa.gov.
Section I - Contract Clauses Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
https://fast.faa.gov/contractclauses.cfm.
(End of clause)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)
3.2.2.3-33 ORDER OF PRECEDENCE (APR 2024)
3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (OCT 2015)
3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2023)
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.5-1 OFFICIALS NOT TO BENEFIT (OCT 2024)
3.2.5-3 GRATUITIES OR GIFTS (OCT 2024)
3.2.5-4 CONTINGENT FEES (OCT 2024)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2024)
3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (OCT 2024)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 2024)
3.3.1-1 PAYMENTS (JUL 2018)
3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (JUL 2018)
3.3.1-8 EXTRAS (OCT 2024)
3.3.1-10 AVAILABILITY OF FUNDS (OCT 2024)
3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)
3.3.1-17 PROMPT PAYMENT (OCT 2024)
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 (OCT 2024)
3.4.1-7 NOTICE TO PROCEED (OCT 2019)
3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (OCT 2020)
3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (APR 2025)
3.5-1 AUTHORIZATION AND CONSENT (APR 2023)
3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
(JAN 2009)
3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (OCT 2019)
3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED, WOMEN-OWNED, SERVICE-
DISABLED VETERAN OWNED, AND HUBZONE SMALL BUSINESS CONCERNS (APR 2025)
3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (JUL 2023)
3.6.2-2 CONVICT LABOR (APR 2025)
3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (APR 2022)
3.6.2-13 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (APR 2022)
3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 2025)
3.6.2-28 SERVICE CONTRACT LABOR STANDARDS (APR 2025)
3.6.2-30 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS -
PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (APR 2025)
3.6.2-31 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-
PRICE ADJUSTMENT (APR 2025)
3.6.2-39 TRAFFICKING IN PERSONS (OCT 2024)
3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (APR 2025)
3.6.2-46 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (APR 2025)
3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER
SERVICE AND CONSTRUCTION CONTRACTS (OCT 2024)
3.6.4-5 FAA BUY AMERICAN PREFERENCE - STEEL AND MANUFACTURED GOODS (APR
2022)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.6.6-1 DRUG FREE WORKPLACE (APR 2023)
3.6.6-2 SEAT BELT USE BY CONTRACTOR EMPLOYEES (APR 2023)
3.6.6-3 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JUL 2023)
3.8.2-10 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (JUL
2019)
3.8.2-11 CONTINUITY OF SERVICES (OCT 2018)
3.8.9-2 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (JUL 2023)
3.9.1-1 CONTRACT DISPUTES (JAN 2020)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.1-28 CHANGES REQUIRED BY AMS (JAN 2024)
3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2022)
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)
3.11-62 PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS (APR
2025)
3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (APR 2025)
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:
Grounds Maintenance at Northern California TRACON and Oakland ARTCC
(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 60 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)
3.2.4-34 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 66 (months) 5.5 (years).
(End of clause)
3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OCT 2024)
(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 the officer or employee 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) The offeror 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 the 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;
(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) The reporting requirements herein must not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.
(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted under this clause.
(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.
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