Solicitation Doc 697DCK-20-R-00028.pdf

SOLICITATION, OFFER AND AWARD

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

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

5. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

PAGE OF PAGES

1 47

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

9. FOR

INFORMATION

CALL

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

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

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

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J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

10. TABLE OF CONTENTS

17. OFFER DATE16. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

14C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

14B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER14A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

13. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT PAYMENT the designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above , to furnish any or all items upon which prices are offered at the price set opposite each item , delivered at

11. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period .

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or by other authorized official written notice.

27. AWARD DATE

(Signature of Contracting Officer)

26. CONTRACT AUTHORITY

24. PAYMENT WILL BE MADE BY

25. NAME OF CONTRACTING OFFICER (Type or print)

CODE 23. ADMINISTERED BY (If other than Item 6)

ITEM

(4 copies unless otherwise specified)

22. SUBMIT INVOICES TO ADDRESS SHOWN IN21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

20. ACCOUNTING AND APPROPRIATION19. AMOUNT18. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by CONTRACT AUTHORITY)

CODE

ES-20-0001910/30/2019

X

AAQ510ATL-AFN

FEDERAL AVIATION ADMINISTRATION

AAQ-500 - REGIONAL ACQUISITIONS

1701 COLUMBIA AVENUE

COLLEGE PARK GA 30337

EMAIL ONLY

Melinda Davis melinda.davis@faa.gov

1300 ET 11/21/2019

Melinda W. Davis 404 Melinda.Davis@faa.gov

305-5763

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PAGE(S)

Melinda W. Davis

697DCK-20-R-00028

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

697DCK-20-R-00028

This SIR is set aside for SMALL BUSINESS ONLY.

Any award that may result from this SIR must be deemed acceptable/fair and reasonable from a technical and price standpoint.

Delivery: 11/22/2019

Delivery Location Code: 1692324M

1692324M

692324 FAA LIBERTY N

AFSSC 811B, MACARTHUR AIRPORT

4205 JOHNSON AVE DELIVER INSIDE A

RONKONKOMA NY 117797339 US

FOB: Destination

Period of Performance: 11/22/2019 to 10/31/2020

00001 PROVIDE SNOW REMOVAL SERVICE TO CLEAR THE FEDERAL

AVIATION ADMINISTRATIONS NEW YORK AIR ROUTE

TRAFFIC CONTROL CENTER located in Ronkonkoma, NY

PER ATTACHED STATEMENT OF WORK. PERIOD OF

PERFORMANCE IS SNOW SEASON OF: November 22, 2019-

October 31, 2020 WITH FOUR OPTION YEARS.

PRICING STRUCTURE IS PROVIDED IN SECTION B.

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award:

)11/22/2019

Section A - Solicitation/Contract Form Clauses

SA4 VEHICLE ACCESS

In accordance with FAA Order 1900.1G any vehicle that will require access with the fenced area must be registered with the Facility Manager and have identification media affixed to it. All vehicles entering the controlled perimeter of the facility are subject to random inspection by Security Officers (who are authorized and present)

SA7 WAGE RATE DETERMINATION (SERVICE CONTRACT ACT)

In accordance with Clause No. 3.6.2-28 entitled 'Service Contract Act of 1965', as amended, the following applicable Wage Determination is incorporated into this contract.

WD 15-4157 Rev 9 Dated 7-16-2019

SA30 SITE VISIT

There is an optional site visit on 11/13/2019 at 10:00AM Eastern.

a. Meeting point.

NEW YORK ARTCC , 4205 JOHNSON AVE, RONKONKOMA NY 11779.

b. 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 RFO's instructions in Section B, Clause B005 Solicitation Questions (above). 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.

c. To attend the site visit, advance notice by phone and email is required by 11/6/2019, at 10:00AM Eastern to the FAA points of contact listed just below. You are required to provide your company representative's name.

POC: Dina Barnabee 631-468-1109, dina.barnabee@faa.gov

(End of Clause)

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

Vendor will provide snow removal services during the snow season of FY20 at the NEW YORK AIR ROUTE TRAFFIC CONTROL CENTER located in Ronkonkoma, NY per Statement of Work in Section C.

There will be four option years available to continue these services if exercised by FAA. Quantities below are assumptions for evaluation purposes only. They do not obligate the FAA in any way. Please provide pricing as follows:

BASE YEAR: (NOVEMBER 22, 2019 -OCTOBER 31, 2020)

FY20 Snow Season

Item No

(A)

Supplies / Services

(B)

Quantity

(C)

Unit

(D)

Unit Price

(E)

Total Amount

(F)

00001 Snow Removal 0 - 2 Inches

10 EA

00002 Snow Removal 2 - 6 Inches

9 EA

00003 Snow Removal 6 - 12 Inches

1 EA

00004 Call Back Percent / Price

00005 Snow Removal Each Additional 1" of snow above 12"

1 EA

00006 Deicing Agent Applied to Parking Lot

2 EA

00007 Deicing Agent Applied to Sidewalks

2 EA

00008 Skid Steer - $150.00 per hour / with 4 hour minimum

1 EA

Total FY20 Snow Season

OPTION YEAR 1: (NOVEMBER 1, 2020 -OCTOBER 31, 2021)

FY21 Snow Season

Item No

(A)

Supplies / Services

(B)

Quantity

(C)

Unit

(D)

Unit Price

(E)

Total Amount

(F)

00001 Snow Removal 0 - 2 Inches 10 EA

00002 Snow Removal 2 - 6 Inches 9 EA

00003 Snow Removal 6 - 12 Inches 1 EA

00004 Call Back Percent / Price

00005 Snow Removal Each Additional 1" of snow above 12"

1 EA

00006 Deicing Agent Applied to Parking Lot

2 EA

00007 Deicing Agent Applied to Sidewalks

2 EA

00008 Skid Steer - $150.00 per hour / with 4 hour minimum

1 EA

Total FY 21 Snow Season $

OPTION YEAR 2: (NOVEMBER 1, 2021 -OCTOBER 31, 2022)

FY22 Snow Season

Item No

(A)

Supplies / Services

(B)

Quantity

(C)

Unit

(D)

Unit Price

(E)

Total Amount

(F)

00001 Snow Removal 0 - 2 Inches 10 EA

00002 Snow Removal 2 - 6 Inches 9 EA

00003 Snow Removal 6 - 12 Inches 1 EA

00004 Call Back Percent / Price

00005 Snow Removal Each Additional 1" of snow above 12"

1 EA

00006 Deicing Agent Applied to Parking Lot

2 EA

00007 Deicing Agent Applied to Sidewalks

2 EA

00008 Skid Steer - $150.00 per hour / with 4 hour minimum

1 EA

Total FY 22 Snow Season $

OPTION YEAR 3: (NOVEMBER 1, 2022-OCTOBER 31, 2023)

FY23 Snow Season

Item No

(A)

Supplies / Services

(B)

Quantity

(C)

Unit

(D)

Unit Price

(E)

Total Amount

(F)

00001 Snow Removal 0 - 2 Inches 10 EA

00002 Snow Removal 2 - 6 Inches 9 EA

00003 Snow Removal 6 - 12 Inches 1 EA

00004 Call Back Percent / Price

00005 Snow Removal Each Additional 1" of snow above 12"

1 EA

00006 Deicing Agent Applied to Parking Lot

2 EA

00007 Deicing Agent Applied to Sidewalks

2 EA

00008 Skid Steer - $150.00 per hour / 1 EA with 4 hour minimum

Total FY 23 Snow Season $

OPTION YEAR 4: (NOVEMBER 1, 2023-OCTOBER 31, 2024)

FY24 Snow Season

Item No

(A)

Supplies / Services

(B)

Quantity

(C)

Unit

(D)

Unit Price

(E)

Total Amount

(F)

00001 Snow Removal 0 - 2 Inches 10 EA

00002 Snow Removal 2 - 6 Inches 9 EA

00003 Snow Removal 6 - 12 Inches 1 EA

00004 Call Back Percent / Price

00005 Snow Removal Each Additional 1" of snow above 12"

1 EA

00006 Deicing Agent Applied to Parking Lot

2 EA

00007 Deicing Agent Applied to Sidewalks

2 EA

00008 Skid Steer - $150.00 per hour / with 4 hour minimum

1 EA

Total FY 24 Snow Season $

Clause List

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

Technical Specifications for Snow Removal Services Contract – New York Air Route Traffic Control Center (ARTCC)

1. Scope. Provide all labor, equipment, tools and materials to clear snow from all roadways, parking lots or areas, sidewalks, walkways, lot crosswalks, stairways, emergency exits, ramps, and other areas utilized by employees at the New York ARTCC facility, and the application of sand and snow/ice melting compound to those surfaces.

Contract also includes use of heavy equipment when required.

All services under this contract are to be supplied on an on-call basis ONLY. The Contracting Officer’s Representative (COR) or the Authorized Government Representative (AGR) will place a telephone call to the contractor when his services are required. If the contractor does not receive a telephone call then services are not required. The Contractor is not guaranteed ANY amount of service calls during a season. THERE ARE NO

GUARANTEED AMOUNTS IN THIS CONTRACT.

Location:

NEW YORK ARTCC

AFSSC 811B, MACARTHUR AIRPORT

4205 JOHNSON AVE, RONKONKOMA NY 11779

2. Response Times and Times of Performance. The contractor must provide snow removal services within two (2) hours of notification 7 days a week, 24 hours a day at the NY ARTCC.

The contractor must provide a telephone number within 10 days of contract award for purposes of notification.

When the contractor’s services are required, the contractor will be notified by telephone by a Government Representative authorized to request his services. The contractor will be provided with the names of these AGR’s.

The AGR will tell the contractor what services will be required (e.g, plowing, sidewalk clearing, sanding, etc.)

during the initial service call and again upon arrival of the contractor at the NY ARTCC site.

If the contractor employs a telephone answering service, the contractor must contact the above officials as soon as weather conditions warrant that the contractor services begin.

Contractor must be able to provide and sustain the required amount of personnel for coverage 24/7 including all weekends and holidays. Contractor must have the ability to increase the amount of personnel during a snow/ice event, if so requested.

3. Security Requirements. A list of all contractor’s employees must be provided to the COR upon award of the contract. The NY ARTCC security guards will be in possession of this list. Employees must be on this list in order to be granted access to the site. In addition, upon arrival to the site all snow plow and other motor vehicle equipment drivers must present to the guard a valid driver’s license with photo. Non-drivers must either present a valid driver’s license with photo or other proper Government issued Photo ID. Persons unable to provide the valid and correct ID will not be granted access.

EACH of the contractor’s employees must register at the Guard Building upon arrival and receive a Visitor’s Badge.

Each employee must also log out upon departure and return their Visitor’s Badge. The guard will log the time of arrival and the time of departure of each contractor employee and each piece of the contractor’s equipment.

4. Equipment. The following list indicates minimum acceptable requirements for equipment used under this contract. Equipment to be used must be submitted for approval along with sufficient data to demonstrate that they meet or exceed the specified requirements. ALL VEHICLES MUST HAVE REQUIRED WARNING LIGHTS

AND AUDIBLE DEVICES WHICH MUST BE IN FULL WORKING CONDITION AT ALL TIMES.

When notified by the AGR for a service call, the contractor must send the appropriate type and number of units from the approved equipment list below in order to complete the job in a timely manner.

a. Small Plow Trucks. Four-wheel drive, minimum 3/4 ton capacity, equipped with hydraulically operated snowplow blade.

b. Large Plow Trucks. Dump or rack body, minimum 2-1/2 ton capacity equipped with hydraulic snowplow blade not less than 7-1/2 feet wide.

c. Sanding/Salting Equipment. When called upon for sanding, the contractor must provide one vehicle, 7 yard capacity equipped with a rotary type sand spreader to be hitched to the vehicle and operated either by a PTO from the vehicle or by gears from its own wheels which will not be less than 16" in diameter. This will be for the entire facility. The contractor will be directed to sand the main entrance only.

A rotary type hand spreader must be used on sidewalks.

d. Additional Equipment. The contractor will be required to provide heavy equipment for removal of snow from the roads and parking areas if the severity of the storm warrants it. Additional units are front-end bucket loader, 1 yard minimum capacity and dump truck, minimum 5-yard capacity.

e. Miscellaneous Tools. The contractor must provide hand tools such as shovels, ice scrapers, and picks.

Only plastic snow shovels must be used to clear snow from the paving stone walkway leading to the front entrance and leading from the front emergency exit of the NY ARTCC facility. Plastic snow shovels are required in order to prevent damage to paving stone walkways. Metal snow shovels must not be used on any paving stone walkways at the facility.

5. Equipment Inspection - Contracting Officer will require an inspection of the contractor's equipment to determine if they meet the specifications of this contract. Contractor will make all equipment available for this inspection as requested by the COR. Equipment includes any provided by sub-contractors.

6. Snow/Ice Melter Compound - Contractor is required to provide salt material under the "sanding/salting provisions of this contract. Plain sand or other material is not acceptable. Material used under the "sanding" provisions of this contract will be that normally used on public roads in the Long Island Region and will not contain stone or pebbles.

7. Certification of Materials- Prior to start of work, contractor will specify composition of snow/ice melt to be used under this contract and the source of supply for the material. COR will periodically remove samples of the material from the contractor's equipment for analysis.

8. Roadways/Parking Lots- Snow removal operations on roadways and parking areas will proceed as follows:

a. One plow will clear two (2) lanes of roadway from main gates around building and will clear loading ramps, garage, storage and E/G building, driveways and reserved and visitor's parking areas.

b. The other vehicle will maintain the roads clear and will pass up and down the roads and aisle ways of the occupied parking lost so as to enable the cars to leave at the change of shift. The occupied lot will be cleared as much as possible.

(1) Plows will then be assigned to the one (1) parking lot that is empty or nearly so. One (1) truck will be assigned to clear the parking lot, pushing the snow to the designated snow storage areas. Then, will plow around any cars remaining in the lot, being careful not to damage them, but it will not be necessary to clear away snow any closer than three (3) feet on either side of such remaining cars. After the lot has been cleared, the entrance way to the lot will be cleared.

d. The contractor will be required to clear a path across the center portion of Johnson Avenue if the town snow plow fail to do so. This will be done at both gates to allow our traffic full access to Johnson Avenue.

e. The contractor must not move or assist in the moving of any private vehicles stuck in the parking spaces. The facility assumes no responsibility for damages resulting from the contractor's moving of private vehicles.

9. Salting Application of snow/ice melt mixture will proceed as follows: Mixture must be spread by means of a mechanical spreader. Spreading salt by shoveling it off the back of the truck will not be permitted. Each order will be 7 yards.

a. Beginning at the main gate and all main roadways.

b. Proceed back down the main road, then through the perimeter roads in the parking areas.

c. Proceed up and down the aisles between the parked cars in both parking lots.

d. Sand loading ramp, cafeteria driveways, garage area and E/G building driveways.

10. Heavy Equipment - In event of severe snow accumulation, COR will request use of heavy equipment in addition to plows. This contract does not require the removal of the snow from the premises. Only after very serious snowstorms will it be necessary to provide follow-on work to remove snow from the snow storage areas to discharge basin on premises. Such work must be authorized by the COR.

11. Storage - Contractor is allowed store his equipment in the facility parking lot at his own risk. Such storage requires the prior approval of the COR.

12. Use of Other Sources - Government reserves the right to use other sources of labor and equipment snow removal services if conditions warrant.

13. Damage - Contractor will be responsible for any damage to the facility (i.e., islands, buildings, etc), and or cars on the facility.

14. Payment will be based on snowfall depths. Determination of snow depth for payment will be as recorded by the National Weather Service Office on the following website.

http://forecast.weather.gov/product.php?site=NWS&issuedby=OKX&product=PNS

On that website, the appropriate location or locations where snowfall depth readings were taken will be selected based on their proximity to the NY ARTCC.

The POC will use this information to determine the probable amount of snowfall depth and the basis for payment.

Section D - Packaging and Marking

Section E - Inspection and Acceptance Clause List

3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR 1996)

Section F - Deliveries or Performance Clause List

3.10.1-9 STOP-WORK ORDER (OCT 1996)

Section G - Contract Administration Data Clause List

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

Section H - Special Contract Requirements Clause List

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2018)

(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.

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 (JUL 2018)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(OCT 2015)

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

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

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.4-4 FIXED-PRICE CONTRACTS WITH ECONOMIC PRICE ADJUSTMENT-LABOR AND

MATERIAL (APR 1996)

3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)

3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)

3.2.5-4 CONTINGENT FEES (OCT 1996)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)

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)

3.3.1-17 PROMPT PAYMENT (JUL 2018)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT

2012)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT

(JUL 2018)

3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JUL 1996)

3.4.1-12 INSURANCE (JUL 1996)

3.4.1-13 ERRORS AND OMISSIONS (JUL 1996)

3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT 1996)

3.4.2-7 FEDERAL, STATE, AND LOCAL TAXES - FIXED-PRICE, NONCOMPETITIVE CONTRACT

(JUL 2019)

3.5-1 AUTHORIZATION AND CONSENT (JAN 2019)

3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JAN

2009)

3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2010)

3.6.1-7 LIMITATIONS ON SUBCONTRACTING (JUL 2019)

3.6.2-9 EQUAL OPPORTUNITY (OCT 2018)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (OCT 2018)

3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2018)

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

3.6.2-28 SERVICE CONTRACT ACT OF 1965, AS AMENDED (JAN 2019)

3.6.2-30 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS) (JAN 2019)

3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (OCT 2018)

3.6.2-39 TRAFFICKING IN PERSONS (APR 2019)

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

ACT (JAN 2019)

3.6.2-46 PAID SICK LEAVE (JUL 2019)

3.6.3-9 OZONE DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (OCT 2016)

3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (OCT 2016)

3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)

3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (OCT 2018)

3.6.3-19 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (OCT 2016)

3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)

3.6.3-25 AEROSOLS (OCT 2016)

3.6.3-26 FOAMS (OCT 2016)

3.6.4-2 BUY AMERICAN ACT - SUPPLIES (OCT 2014)

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

3.9.1-1 CONTRACT DISPUTES (OCT 2011)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-7 BANKRUPTCY (APR 1996)

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

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

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

3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2019)

3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT 1996)

3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (OCT 1996)

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

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

3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2014)

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 shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.

(End of clause)

3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (OCT 2018)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days 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 shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 (months) 5 (years).

(End of clause)

3.3.1-11 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1996)

Funds are not presently available for performance under this contract beyond 11/01/2020. 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 11/01/2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JUL 2018)

(a) Definitions. As used in this clause

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

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

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

"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database.

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

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

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

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

(1) An offeror may obtain a DUNS number

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

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

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

(i) Company legal business.

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

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

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

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.

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

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.

(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:

(A) change the name in the SAM database;

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

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

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

(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

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

(End of Clause)

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

(APR 2008)

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

(End of Clause)

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

(a) Of the total price of contract line item number(s) (CLINs) [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, will approximate 85 percent of the total amount then allotted to the contract. The notice must state the estimated date when this point will be reached and the estimated amount of additional funds required to continue performance to the above or an agreed substitute date. The Contractor must, 30 days prior to the date above written or agreed substitute date, advise the Contracting Officer in writing as to the estimated amount of additional funds which will be required for the timely performance of the CLINs for a further period as may be specified in this clause or otherwise agreed to by the parties. If after this notification, additional funds are not allotted by the date above written or by an agreed substitute date, the Contracting Officer will, upon written request of the Contractor, terminate this contract on such date or the date set forth in the request, whichever is later, pursuant to "Termination for Convenience of the Government."

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

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

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

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

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

(End of clause)

3.6.2-14 EMPLOYMENT REPORTS ON VETERANS (OCT 2018)

(a) Unless the contractor is a State or local government agency, the contractor must report at least annually, as required by the Secretary of Labor, on:

(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans,

(2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans; and

(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.

(b) The above items must be reported by completing the form titled 'Federal Contractor Veterans' Employment Report VETS-100A.'

(c) Reports must be submitted no later than September 30 of each year.

(d) The employment activity report required by paragraph (a)(2) of this clause must reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date: (1) As of the end of any pay period during the period January through March 1st of the year the report is due, or (2) as of December 31, if the contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).

(e) The count of veterans reported according to paragraph (a) of this clause must be based on data known to the contractor when completing the VETS-100A. .The Contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve the employer of liability for a determination under 38 U.S.C. 4212.

(f) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.

(End of clause)

3.6.2-29 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (APR 1996)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It Is Not a Wage Determination

Employee class Monetary Wage-Fringe Benefits

FW 10-11/Engineering Equipment Operator $27.88 WG 7/Motor Vehicle Operator $23.37

(End of clause)

3.6.2-40 NONDISPLACEMENT OF QUALIFIED WORKERS (APR 2009)

(a) The contractor and its subcontractors must, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors must determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b), there must be no employment opening under this contract, and the contractor and any subcontractors must not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors must make an express offer of employment to each employee as provided herein and must state the time within which the employee must accept such offer. In no case must the period within which the employee must accept the offer of employment be less than 10 days.

(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors:

(1) May employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge;

(2) Are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act; and

(3) Are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job.

(c) The contractor must, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list must contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list must be provided on request to employees or their representatives.

(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract must also include provisions to ensure that the subcontractor will provide the contractor with the information about employees of the subcontractor needed by the contractor to comply with this clause. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for non-compliance; however, if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States.

(End of clause)

3.6.2-41 EMPLOYMENT ELIGIBILITY VERIFICATION (APR 2019)

(a) Definitions:

"Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the Employment Eligibility Verification clause. An employee is not considered to be directly performing work under a contract if the employee-

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

"United States", as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in Department of Homeland Security's Employment Eligibility Verification system ("E-Verify") at time of contract award, the Contractor must--

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor must use E-Verify to initiate verification of employment eligibility of--

(i) All new employees.

(A) Enrolled 90 calendar days or more.

The Contractor must initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-verify, the Contractor must initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor must initiate verification within 90 calendar days after date of contract award or within 30 calendar days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor must follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees.