697DCK-20-R-00074 posted on 03 FEB 20.pdf

SEE ADDENDUMIS CHECKED.

CODE 17a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE 16a. CONTRACTOR/

TELEPHONE NO.

16b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

AAQ510ATL-AFN

COLLEGE PARK GA 30337

1701 COLUMBIA AVENUE

AAQ-500 - REGIONAL ACQUISITIONS

FEDERAL AVIATION ADMINISTRATION

1693316M

LEESBURG VA 201764404

825 E MARKET ST

AFSSC 821B CHESAPEAKE

693316 DOT FAA

1693316M

CODE 15. ADMINISTERED BYCODE 14. DELIVER TO

X

X

SEE SCHEDULE

BLOCK IS MARKED

561720

SIZE STANDARD:

% FORSET ASIDE

UNRESTRICTED

AAQ510ATL-AFN

COLLEGE PARK GA 30337

1701 COLUMBIA AVENUE

AAQ-500 - REGIONAL ACQUISITIONS

FEDERAL AVIATION ADMINISTRATION

RFPIFB

11. DELIVERY FOR FOB10. THIS ACQUISITION ISCODE 9. ISSUED BY

RFQ

13. METHOD OF SOLICITATION

DESTINATION UNLESS

SIC:

SMALL BUSINESS

12. DISCOUNT TERMS

03/17/2020 1700 ES

02/03/2020

404-305-5761Bill Lockard (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 2. CONTRACT NO.

7.

6. SOLICITATION

697DCK-20-R-00074

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 154ES-20-00421

OFFEROR TO COMPLETE BLOCKS 12, 16, 22, 23, & 28

EFFECTIVE DATE

$19.50

17b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 17a. UNLESS BLOCK BELOW

ISSUE DATE

23.

AMOUNT

22.

UNIT PRICE

21.

UNIT

20.

QUANTITY

19.

SCHEDULE OF SUPPLIES/SERVICES

18.

ITEM NO.

Period of Performance: 08/01/2020 to 07/31/2021

Services to be provided per attached Statement of

Continued ...

27. AWARD OF CONTRACT: REFERENCE

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Bill M. Lockard

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

40d. TOTAL CONTAINERS40c. DATE REC'D (YY/MM/DD)

40b. RECEIVED AT (Location)

40a. RECEIVED BY (Print)

26. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

38. PAID BY37. S/R VOUCHER NUMBER36. S/R ACCOUNT NUMBER

35. CHECK NUMBER

FINALCOMPLETE PARTIAL

34. PAYMENT

39c. DATE39b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

39a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32c. DATE32b. SIGNATURE OF AUTHORIZED CONTRACT AUTHORITY

REPRESENTATIVE

FINALPARTIAL

CORRECT FOR

33. AMOUNT VERIFIED 32. VOUCHER NUMBER

CONTRACT, EXCEPT AS NOTED

ACCEPTED, AND CONFORMS TO THEINSPECTEDRECEIVED

30a. QUANTITY IN COLUMN 20 HAS BEEN

29c. DATE SIGNED

28a. SIGNATURE OF OFFEROR/CONTRACTOR 29a. CONTRACT AUTHORITY (SIGNATURE OF CONTRACTING OFFICER)

28c. DATE SIGNED28b. NAME AND TITLE OF SIGNER (Type or Print) 29b. NAME OF CONTRACTING OFFICER (Type or Print)

31. SHIP NUMBER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND

CONDITIONS SPECIFIED HEREIN.

25. TOTAL AWARD AMOUNT (For Contract Authority Use Only)24. ACCOUNTING AND APPROPRIATION DATA

OFFER

ITEM NO.

SUPPLIES/SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 154

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

697DCK-20-R-00074

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

00001

00002

00003

00004

00005

Work are for the Washington District Consolidated Service Contract. The requisition is submitted as Subject to Availability of Funding. An award should not be made until final approval is received from District Management.

DISTRIBUTION LIST:

Charlie.Peppers@faa.gov

Debbie.Simpson@faa.gov

Linda.Maltbie@faa.gov

James.Preston@faa.gov

Acquisitions

Vendor: TBD

Janitorial Services are to be performed IAW Appendix 1 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Trash Removal Services are to be performed IAW Appendix 2 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Window Cleaning Services are to be performed IAW Appendix 3 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Power Washing Services are to be performed IAW Appendix 4 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Tower Shade Services are to be performed IAW Appendix 5 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 154

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

697DCK-20-R-00074

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

00006

00007

00008

00009

00010

00011

00012

Grounds Keeping Services are to be performed IAW Appendix 6 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Vegetation Control Services are to be performed IAW Appendix 7 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Fire Protection Systems Maintenance/Monitoring Services are to be performed IAW Appendix 8 of Washington District Consolidated Service Contract

SOW.

Electronic & IT: 03

Elevator Maintenance/Inspection Service are to be performed IAW Appendix 9 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Backflow Inspection Services are to be performed IAW Appendix 10 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Lift Inspection Services are to be performed IAW Appendix 11 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Snow Removal Services are to be performed IAW Appendix 12 of Washington District Consolidated Service Contract SOW.

QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 154

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

697DCK-20-R-00074

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

00013

00014

00015

Electronic & IT: 03

Pest Control Services are to be performed IAW Appendix 13 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Crane/Hoist Inspection Services are to be performed IAW Appendix 14 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Water Treatment Services are to be performed IAW Appendix 15 of Washington District Consolidated Service Contract SOW.

Electronic & IT: 03

Section A - Solicitation/Contract Form

Clauses

Solicitation Page 5

Section B - Supplies or Services/Prices

Section B – Schedule

This requirement is to furnish all labor, materials, equipment, transportation, insurance, notifications, licenses, permits, fees and supervision necessary to provide the required services in accordance with the Statement of Work, contract clauses, and wage rates. The offered price must 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.

The Pricing Spreadsheet will be contained in Section J (Attachment 3) and will be used for contract pricing and billing purposes.

Clause List

The remainder of this page has been intentionally left blank.

Solicitation Page 6

Section C - Description/Specifications

Scope of Work

See Section J, Attachment 1 for Statement of Work (SOW)

Clause List

Solicitation Page 7

Section D - Packaging and Marking

Clause List

Solicitation Page 8

Section E - Inspection and Acceptance

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)

E.1 INSPECTION AND ACCEPTANCE

The CO or the COR (listed in Section G), as the CO’s duly authorized representative, are authorized to perform inspection on behalf of the Government for the purpose of acceptance of all materials, data or services to be provided.

In this regard the COR is an authorized representative of the CO. The COR will perform inspection on behalf of the Government for the purpose of acceptance of all services and/or items (deliverables/reports) to be provided as part of this Contract. If the COR determines that there are omissions, errors, and/or deficiencies in the Contractor’s deliverables (excluding equipment), the Contractor must make the necessary corrections that will allow the Government to accept the final product. The COR will provide a written notification of acceptance or rejection within thirty (30) business days of receipt of the final product. The Contractor must correct the report or deliverable within fifteen (15) business days unless otherwise specified. The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies and/or services furnished under this Contract conform to contract requirements.

Solicitation Page 9

Section F - Deliveries or Performance

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

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

(End of clause)

3.10.1-9 STOP-WORK ORDER (OCT 1996)

F.1 PERIOD OF PERFORMANCE

The total period of performance for the executed contract is from date of award for a period of 48 months.

F.2 PLACE OF PERFORMANCE

The Contractor must perform the work activities described in this SOW

The primary location of the FAA organizations and programs supported by the Contractor will be FAA Headquarters facilities in Washington, DC.

F.3 DELAYS AND NON-PERFORMANCE

The Contractor is liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor must notify the CO in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, must remedy such occurrence with all reasonable dispatch, and must promptly give written notice to the CO of the cessation of such occurrence.

In the event the Contractor encounters difficulty in meeting performance requirements, or when difficulty is anticipated in complying with the Contract delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, the Contractor must immediately notify the Contracting Officer and the COR, in writing, giving pertinent details,provided that this data must be informational only in character and that this provision must not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this Contract.

Solicitation Page 10

Solicitation Page 11

Section G - Contract Administration Data

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)

The FAA Contracting Officer's name and address assigned to this contract are as follows:

Bill Lockard bill.lockard@faa.gov Contracting Officer Federal Aviation Administration Eastern Service Area, AAQ-510 1701 Columbia Avenue College Park, GA 30337 404.305.5761

The CO, identified above, has the overall responsibility of the contract. The CO is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions and requirements.

The Contracting Officer is responsible for all contract administration under the contract and has responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the Contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this Contract.

The CO may delegate certain other responsibilities to his/her authorized representatives or COR.

The Contracting Officer identified is the only person authorized to approve changes in any of the requirements under the contract and, notwithstanding any clause contained elsewhere in the contract, the said authority remains solely with the Contracting Officer. No verbal statement by any person, or unwritten statement by anyone other than the Contracting Officer, or his/her authorized representative acting within the scope of his/her authority, shall be interpreted as modifying or otherwise affecting the terms of this solicitation or any resulting contract.

It is the responsibility of the Contractor to contact the CO and CS immediately if there is even the appearance of any technical direction that is or may be outside the scope of the Contract. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract to cover any increase in commodity as a result thereof.

All requests for interpretation shall be made in writing to the Contracting Officer. The contractor shall

Solicitation Page 12 mailto:bill.lockard@faa.gov submit request for modification of the contract to the Contracting Officer with a copy of the request to any appointed Contracting Officer’s Representative.

Contracting problems, of any nature, that may arise during the life of the contract must be handled in conformance with the FAA Acquisition Management System regulations. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer’s representative and the Contractor shall bring all such unresolvedcontractual problems to the immediate attention of the Contracting Officer.

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Work to be performed under this contract shall be subject to the technical direction of the FAA COR listed below (COR will be delegated and all information will be filled in at time of award):

Charlie Peppers

LMS/COR

WES41, Washington District OSS 540 349-7417 Phone 540 349 7602 Fax Charlie.Peppers@faa.gov

G.2 CORRESPONDENCE PROCEDURES

The Contractor must assure an electronic means for communicating with FAA personnel and that communications are compatible with the FAA’s electronic mail system, which is Microsoft Outlook. The Contractor must also ensure that the Contractor’s electronic mail has the capability to receive and retrieve attachments. All correspondence relating to the Contract must include the Contract number.

To promote timely and effective contract administration, correspondence submitted under this Contract (except for invoices and deliverables) is subject to the following procedures:

(a) Technical correspondence of a routine nature must be addressed to the designated COR with an information copy of the correspondence to the CO and CS;

(b) Other considerations including technical correspondence involving technical issues and correspondence proposing or otherwise involving waivers, deviations or modifications to the Contract, must be addressed to the CO and CS, with information copies to the COR; and,

(c) Correspondence regarding schedule changes or problems with performance must be addressed to the CO with a courtesy copy to the COR.

G.3 INVOICE PROCEDURES

Itemized invoice(s) must be submitted under this Contract.

The Contractor may submit an electronic copy of the Standard Form 1034 entitled, “Public Voucher for Purchases and Services Other than Personal,” scanned with signature, together with the Contractor’s regular invoice via email in lieu of US Mail. An electronic copy must include all items identified below and be sent to the FAA Accounting

Solicitation Page 13

Department via email to: 9-AMC-AMZ-FAA-APInvoices@faa.gov with an electronic courtesy copy to the CO, CS, COR.

Each invoice(s) must reference the Contract number, and, if applicable, modification number, type of services and products delivered, and billing period. At a minimum, the Contractor must provide the following required back-up data as substantiation for each invoice submitted:

The Contractor must submit invoices on a monthly basis.

Payment is subject to review, approval and certification by the CO and COR. In the event of a question(s) regarding the Contractor’s invoiced amount, the CO may withhold any or all invoice amounts until the Contractor provides all required data to the satisfaction of the CO.

Compliance with these instructions will reduce correspondence and other causes for delay to a minimum, and will thus promote prompt payments to the Contractor.

G.4 FEDERAL HOLIDAYS OBSERVED

The Government provides notice and the Contractor acknowledges receipt that Government personnel observe the listed days below as Federal holidays:

New Year’s Day Martin Luther King Day Washington’s Birthday Memorial Day Independence Day (July 4th) Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

When one of the above-designated Federal holidays falls on a Sunday, the following Monday will generally be observed as the Federal holiday. When the Federal holiday falls on a Saturday, the preceding Friday is generally observed as the Federal holiday.

In addition to the days designated above as Federal holidays, the Government observes the following days:

Any other day designated by Federal Statute; Any other day designated by Executive Order;

Any other day designated by the President’s Proclamation

(a) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel must not otherwise be a reason for an additional period of performance. In the event the

Solicitation Page 14 mailto:9-AMC-AMZ-FAA-APInvoices@faa.gov

Contractor’s personnel work during the holiday, no form of holiday or premium compensation will be reimbursed, other than their normal compensation for the time worked.

(b) When the Federal, State, Local and other Government entities grant excused absence to its employees, assigned Contractor personnel may also be dismissed; however, they will not be directly reimbursed for the excused absence.

Solicitation Page 15

Section H - Special Contract Requirements

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

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

(End of clause)

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 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.

(End of Clause)

3.8.2-17 KEY PERSONNEL AND FACILITIES (JUL 2019)

Solicitation Page 16

(a) The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract.

(b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the Contractor must notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and must submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(c) No diversion will be made by the Contractor without the written consent of the Contracting Officer.

(d) The key personnel and/or facilities under this contract are:

Program Manager [ ]

A bachelor degree specializing in Business Administration or Management from a college or university accredited by an acceding body recognized by the U.S. Department of Education is required. Must have a minimum of 5 years of demonstrated ability to lead and direct efforts using appropriate management skills including but not limited to, project management, technical leadership, quality assurance, performance evaluation, change management principles, and decision oriented recommendations. The Program manager must have experience as a Program Manager involving the following: facilities maintenance and management

The Program Manager must provide overall management of contract personnel. The PM must be knowledgeable in Government contracts, planning tools (i.e., work breakdown structures, Gantt charts, critical path analyses, etc.), and report development. The PM must be able to both manage the contract requirements and serve as a communications bridge between their company and the FAA. The PM must be able to work effectively in a fast paced, demanding environment. Duties will include, but not limited to, the following:

• Plan, organize, oversee and control all contract activities with ACO/COR

• Accountable for project scope, timeline, staffing and contract deliverables

• Must be employed by the prime contractor

(List key personnel and/or facilities)

(End of clause)

3.13-15 CONFIDENTIALITY OF DATA AND INFORMATION (NOV 2016)

(a) In performance of this contract, the contractor and any of its subcontractors, may need access to and use various data and information in the possession of the Government.This data and information may have been obtained under conditions which restrict the Government's right to use and disclose this data and information or which may be adverse to the interests of the Government or other parties if it is disseminated or used in a capacity other than in performance of this contract. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless it is already publically available; or (2) use for any purpose other than the performance of this contract any data or information which bears a restrictive marking or legend which the contractor has gained access to through the performance of this contract, or information that should be marked according to FAA Order 1600.75 "Protecting Sensitive Unclassified Information (SUI)". For the sole purpose of this

Solicitation Page 17 clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form.

(b) In the event the work required to be performed under this contract requires access to proprietary data and information of other companies, the contractor must obtain agreement from such other companies for such use unless such data are provided or made available to the contractor by the Government. Two copies of such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use and disclosure of the proprietary data and information as well as any other terms and conditions to be agreed upon between the parties thereto. It is agreed by the contractor that any such data or information, whether obtained by the contractor pursuant to the aforesaid agreement or from the Government, must be protected from unauthorized use by or unauthorized disclosure to any individual, corporation, or organization so long as it remains proprietary.

(c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information as required above. The contractor must obtain from each employee in connection with this contract a signed Non-Disclosure Agreement. This agreement must provide that the employee will not, during employment or anytime thereafter, disclose or use for current or future benefit of any party any of the data (to include any form of Sensitive Unclassified Information (SUI) described in FAA Order 1600.75) or information not publically available received in connection with the work under the contract.

(d) The contractor agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third party data or software by the contractor, its employees, subcontractors, or agents.

(e) 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.

(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information described above obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company. The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed. The FAA reserves the right to audit the deletion. The FAA must provide notice of the audit 10 calendar days prior to the audit.

(g) These restrictions do not limit the contractor's (or subcontractor's) right to use and disclose any data and information obtained from another source without restriction.

(End of clause)

H.1 CONFLICTS OF INTEREST

Solicitation Page 18

Potential Offerors are hereby notified that the efforts to be performed by the Contractor under this Contract may create a potential organizational conflict of interest on the instant Contract or on a present or future acquisition.

The Contracting Officer’s decision as to the existence of an actual or potential organizational conflict of interest must be final, and is not subject to the Contract Disputes clause.

H.2 FAA RIGHT TO PERFORM OR CONTRACT

The Government reserves the right to accomplish any work within the scope of this Contract either by Government personnel or by another separate contract.

H.3 ACCESS TO GOVERNMENT PROPERTY AND FACILITIES

(a) As part of the effort required under this contract, access to Federal Aviation Administration facilities may be necessary. Contractor personnel must be granted ingress and egress to such facilities for performance of the Contract, during normal working hours, after first coordinating access through the FAA COR or Contracting Officer.

(b) While Contractor personnel are at the Government site, they are required to comply with all rules and regulations in effect at that site and must have a contractor identification badge displayed at all times. Contractor personnel must comply with all rules and regulations governing employee conduct with respect to health and safety, not only as they relate to themselves but also to other Government employees or agents of the Government. The Contractor must also exercise proper care of all property at the Government site regardless of whether title to such rests with the Government or not.

(c) The facilities to which Contractor personnel must have access will remain in the Government's custody and must not be considered as property or facilities furnished to the Contractor.

(d) The Government facilities to which Contractor personnel must have access under this Contract must be made available during the entire Contract performance period. In the event such facilities are not made available as scheduled, the Contracting Officer will, upon timely receipt of written request from the Contractor, make a determination of the delay, if any, caused by the unavailability and make an equitable adjustment to the delivery schedule and costs (exclusive of profit pursuant to the Changes clause).

H.4 SUBCONTRACTS

Prior to the placement of subcontracts and in accordance with Section I Subcontracts clauses, the Contractor shall insure that:

(a) Advanced notification for consent to subcontract, along with the need for the selected subcontract, shall be submitted in writing to the Contracting Officer for approval.

(b) They contain all of the clauses of this contract (altered when necessary for proper identification of the contracting parties) which contain a requirement for such inclusion in applicable subcontracts.

(c) Any applicable subcontractor's "Representations and Certifications" (see Section K) are current.

The prime Contractor shall be responsible for making flow down payments due to subcontractors in a manner

Solicitation Page 19 consistent with Government payment to the prime or earlier. The intent of this clause is to assure that payments are made to subcontractors in a timely manner. No contractor should infer that payments to subcontractors are predicated on payments to the prime.

H.5 EMPLOYEE TERMINATION

(a) Contractor Personnel: The Contractor shall notify the CO immediately whenever an employee performing work under this contract terminates employment. The Contractor will be responsible for returning, or ensuring that the employee returns all DOT-issued contractor/employee identification and all other DOT property.

(b) Government Personnel: If Government personnel obtain an identification card from the Contractor, these should be returned upon completion of assignment or departure from the FAA, whichever comes first. The FAA will establish procedures for controlling Government personnel with access to Contractor's facilities.

H.6 CONTRACTOR PERSONNEL

H.6.1 Quality of Service Provided by Employees

The Contracting Officer will provide notice to the contractor when the Contracting Officer finds that any contractor employee is not providing the services required by the SOW in an adequate manner or in a manner that is inconsistent with the best interest of national security or is otherwise objectionable. The contractor shall take appropriate action at their own expense. The contractor agrees to insert terms that conform substantially to the language of this clause in all subcontracts under this contract.

H.7 NON-PERSONAL SERVICES

The Contractor agrees that this is a non-personal service contract. For the purposes of the contract the Contractor is not, nor shall it hold itself out to be, an agent or partner of, or joint venture with, the Government: and that the Contractor shall neither supervise, nor accept supervision from, Government employees.

(a) No personal services must be performed under this Contract. No Contractor employee will be directly supervised by the Government. All individual Contractor employee assignments, and daily work direction, must be given by the applicable Contractor supervisor. If the Contractor believes that any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the CO of this communication or action.

(b) The Contractor must not perform any inherently governmental functions under this Contract, as identified in the Office of Federal Procurement Policy Letter 11-01. These functions include those activities that require either the exercise of discretion in applying Government authority or the making of value judgments in rendering decisions for the Government. Support under this Contract is limited to non-decision making activities that do not bind the Government such as analysis, studies, and assistance. Contract employee recommendations must be forwarded to a Government employee for review and consideration. No Contractor employee must hold him or herself out to be a Government employee, agent or representative. No Contractor employee must state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this Contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this Contract, the Contractor employee must state that they have no authority to in any way change

Solicitation Page 20 the Contract and that if the other contractor believes this communication to be a direction to change their contract, they must notify the CO for that contract and not carry out the direction until a clarification has been issued by the

CO.

(c) The Contractor must ensure that all of its employees working on this Contract are informed of the substance of this clause. Nothing in this clause must limit the Government’s rights in any way under any other provision of the Contract, including those related to the Government’s right to inspect and accept the services to be performed under this Contract. The substance of this clause must be included in all subcontracts at any tier.

H.8 TRANSITION/PHASE-IN

A smooth and orderly transition between contractor and any predecessor or successor contractor(s) is necessary to assure minimum disruption to vital Government business.

The incumbent contractor shall provide phase-in, phase-out services for any work that may be transitioned to a successor contractor for up to 60 days prior to contract expiration date. The incumbent contractor Program Manager shall coordinate this effort. This will include personnel transition as well as any work-specific transition and the transition of any Government furnished property/equipment.

H.9 HANDLING OF DATA

The contractor and any of its subcontractors in performance of this contract may have need for access to and use of various types of data and information in the possession of the Government which the Government obtained under conditions which restrict the Government’s right to use and disclose the data and information, or which may be of such a nature that its dissemination or use other than in the performance of this contract would be adverse to the interests of the Government or other parties. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on each data item and not to:

(1) Disclose such data and information to others without written authorization from the Contracting Officer, unless the Government has made the data and information available to the public; and

(2) Use for any purpose other than the performance of the contract that data which bears a restrictive marking legend.

In the event the work required to be performed under this contract requires access to proprietary data of other companies, the contractor shall obtain agreements from such other companies for such use unless such data is provided or made available to the contractor by the Government. Two copies of such company-to-company agreements shall be furnished promptly to the Contracting Officer for information only. These agreements shall prescribe the scope of authorized use or disclosure, and other terms and conditions to be agreed upon between parties. It is agreed by the contractor that any such data, whether obtained by the contractor pursuant to the aforesaid agreement or from the Government, shall be protected from unauthorized use or disclosure to any individual, corporation, or organization provided, it remains proprietary.

Though formal training is company policy and procedures, the contractor agrees to make its employees aware of the absolute necessity to maintain the confidentiality of data and information, as required above, and further aware of the sanctions which may be imposed for divulging either the proprietary data of other companies or proprietary data that is obtained from the Government to anyone except as authorized. The contractor shall obtain from each

Solicitation Page 21 employee engaged in any effort connected with this contract an agreement, in writing, which shall in substance provide that such employee will not, during his/her employment by the contractor, or thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual any trade secrets, confidential information, or proprietary/restricted data (to include Government “For Official Use Only”), received in connection with the work under this contract. The contractor shall furnish a sample form of this agreement to the Contracting Officer promptly after award.

The contractor specifically agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of proprietary data by the contractor, its employees, subcontractor, or agents. The contractor agrees to include the substance of this provision in all subcontracts awarded under this contract.

Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor shall return all such data and information, including all copies, modifications, adaptations, or combination thereof, to the Contracting Officer. Data obtained from another company shall be disposed of in accordance with the contractor’s agreement with that company, or, if the agreement makes no provision for disposition, shall be returned to the company. The contractor shall further certify in writing to the Contracting Officer that all copies, modifications, adaptations or combination of such data or information which cannot reasonably be returned to the Contracting Officer (or to a company), have been deleted from the contractor’s (and any subcontractor’s) records.

As used herein, the term “data” has the meaning set forth in AMS clause 3.5-13, Rights in Data— General.

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Section I - Contract Clauses

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

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

(End of clause)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2018)

3.1.7-4 ORGANIZATIONAL CONFLICT OF INTEREST - MITIGATION PLAN REQUIRED (APR 2012)

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

ACTIVITY (OCT 2014)

3.1.8-2 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (OCT 2014)

3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(OCT 2015)

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

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

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)

3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)

3.2.5-4 CONTINGENT FEES (OCT 1996)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)

3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (APR 1996)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)

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

3.2.5-14 DISPLAY OF HOTLINE POSTER(S) (APR 2008)

3.3.1-1 PAYMENTS (JUL 2018)

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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)

3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)

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)

3.4.1-9 DEPOSIT OF ASSETS INSTEAD OF SURETY BONDS (APR 1996)

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)

3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (JUL 2019)

3.5-1 AUTHORIZATION AND CONSENT (JAN 2019)

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

2009)

3.5-13 RIGHTS IN DATA - GENERAL (OCT 2014)

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

3.6.1-6 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 2010)

3.6.1-7 LIMITATIONS ON SUBCONTRACTING (JUL 2019)

3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (OCT 2016)

3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATION

(OCT 2018)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-9 EQUAL OPPORTUNITY (OCT 2018)

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3.6.2-10 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (NOV 1997)

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)

3.6.2-31 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT-PRICE ADJUSTMENT

(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)

3.6.3-7 WASTE MANAGEMENT AND POLLUTION PREVENTION (APR 2017)

3.6.3-9 OZONE DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (OCT 2016)

3.6.3-10 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (OCT 2016)

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)

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

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

3.6.4-11 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(APR 1996)

3.8.2-11 CONTINUITY OF SERVICES (OCT 2018)

3.9.1-1 CONTRACT DISPUTES (OCT 2011)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

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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)

3.10.1-26 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (APR 2013)

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)

3.13-11 PLAIN LANGUAGE (JUL 2006)

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

3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(JAN 2018)

3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS (JAN 2019)

(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

Solicitation Page 26

(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

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(h) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract.