697DCK-20-R-00085 2-20-20.pdf
PDF 350 KB Posted
- Attached to
- Janitorial Services, Miami FL Federal contract opportunity
- Solicitation number
- 697DCK-20-R-00085
About this file
This solicitation is for janitorial services at two FAA facilities in Miami, Florida. The services include janitorial work at the Miami Air Route Traffic Control Center and Child Care Center located at 7500 NW 58th St., Miami, FL. The base period of performance is July 1, 2020 to June 30, 2021 with four optional one-year extensions. Responses are due by noon on February 26, 2020 and the site visit will take place on February 25, 2020 at 9:00 am. The solicitation is set aside for small disadvantaged businesses and service-disabled veteran-owned small businesses. The wage determination and customer satisfaction survey are included as attachments.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SOW 6-15-20.doc | DOC document | |
| 697DCK-20-R-00085 amendment 0006.pdf | ||
| Vendor questions (second round) 6-12-20.docx | DOCX document | |
| 697DCK-20-R-00085 amendment 0005.pdf | ||
| LEVEL 2 NAS Equipment Cleaning Request Form.docx | DOCX document | |
| 697DCK-20-R-00085 Amendment 0004.pdf | ||
| SOW 5-21-20.doc | DOC document | |
| 697DCK-20-R-00085 Amend 3.pdf | ||
| 697DCK-20-R-00085 Amend 2.pdf | ||
| Vendor questions and answers 3-11-20.docx | DOCX document | |
| 697DCK-20-R-00085 Amend 1.pdf | ||
| SOW.doc | DOC document | |
| WD 2015-4543 Rev. 12 07-12-19.docx | DOCX document | |
| Customer Satisfaction Survey.docx | DOCX document |
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Text version
SEE ADDENDUMIS CHECKED.
CODE 17a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE 16a. CONTRACTOR/
TELEPHONE NO.
16b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
AAQ520FTW-AFN
FORT WORTH TX 76177-1524
10101 HILLWOOD PARKWAY
AAQ-500 - REGIONAL ACQUISITIONS
FEDERAL AVIATION ADMINISTRATION
CODE 15. ADMINISTERED BYCODE 14. DELIVER TO
X
X
SEE SCHEDULE
BLOCK IS MARKED
561720
SIZE STANDARD:
100.00% FORSET ASIDE
UNRESTRICTED
AAQ520FTW-AFN
FORT WORTH TX 76177-1524
10101 HILLWOOD PARKWAY
AAQ-500 - REGIONAL ACQUISITIONS
FEDERAL AVIATION ADMINISTRATION
RFPIFB
11. DELIVERY FOR FOB10. THIS ACQUISITION ISCODE 9. ISSUED BY
RFQ
13. METHOD OF SOLICITATION
DESTINATION UNLESS
SIC:
SMALL BUSINESS
12. DISCOUNT TERMS
03/20/2020 1700 ES817-222-4022Christopher Bartels (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 2. CONTRACT NO.
7.
6. SOLICITATION
697DCK-20-R-00085
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 4ES-20-00412
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: 07/01/2020 to 03/31/2021
00001 Janitorial Services
Continued ...
27. AWARD OF CONTRACT: REFERENCE
HEREIN, IS ACCEPTED AS TO ITEMS:
X
DATED
Angela Layman
. 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 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-20-R-00085
(A) (B) (C) (D) (E) (F)
Miami Air Route Traffic Control Center
7500 NW 58th St.
Miami, FL, 33166
Base Year Period of Performance: July 1, 2020 -
June 30, 2021
Electronic & IT: 03
Period of Performance: 07/01/2020 to 06/30/2021
00002 Janitorial Services
Miami Air Route Traffic Control Child Care
Facility
7500 NW 58th St.
Miami, FL, 33166
Base Year Period of Performance: July 1, 2020 -
June 30, 2021
Electronic & IT: 03
Period of Performance: 07/01/2020 to 06/30/2021
00003 Janitorial Services
Miami Air Route Traffic Control Center
7500 NW 58th St.
Miami, FL, 33166
Option Year One Period of Performance: July 1, 2021 - June 30, 2022
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)04/01/2021
Period of Performance: 07/01/2021 to 03/30/2022
00004 Janitorial Services
Miami Air Route Traffic Control Child Care
Facility
7500 NW 58th St.
Miami, FL, 33166
Option Year One Period of Performance: July 1, 2021 - June 30, 2022
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)04/01/2021
Period of Performance: 07/01/2021 to 06/30/2022
QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-20-R-00085
(A) (B) (C) (D) (E) (F)
00005 Janitorial Services
Miami Air Route Traffic Control Center
7500 NW 58th St.
Miami, FL, 33166
Option Year Two Period of Performance: July 1, 2022 - June 30, 2023
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)04/01/2022
Period of Performance: 07/01/2022 to 06/30/2023
00006 Janitorial Services
Miami Air Route Traffic Control Child Care
Facility
7500 NW 58th St.
Miami, FL, 33166
Option Year Two Period of Performance: July 1, 2022 - June 30, 2023
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)04/01/2022
Period of Performance: 07/01/2022 to 06/30/2023
00007 Janitorial Services
Miami Air Route Traffic Control Center
7500 NW 58th St.
Miami, FL, 33166
Option Year Three Period of Performance: July 1, 2023 - June 30, 2024
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)04/01/2023
Period of Performance: 07/01/2023 to 06/30/2024
00008 Janitorial Services
Miami Air Route Traffic Control Child Care
Facility
7500 NW 58th St.
Miami, FL, 33166
Option Year Three Period of Performance: July 1, QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
4 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-20-R-00085
(A) (B) (C) (D) (E) (F)
2023 - June 30, 2024
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)04/01/2023
Period of Performance: 07/01/2023 to 06/30/2024
00009 Janitorial Services
Miami Air Route Traffic Control Center
7500 NW 58th St.
Miami, FL, 33166
Option Year Four Period of Performance: July 1, 2024 - June 30, 2025
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)04/01/2024
Period of Performance: 07/01/2024 to 06/30/2025
00010 Janitorial Services
Miami Air Route Traffic Control Child Care
Facility
7500 NW 58th St.
Miami, FL, 33166
Option Year Four Period of Performance: July 1, 2024 - June 30, 2025
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)04/01/2024
Period of Performance: 04/01/2024 to 03/31/2025
Section A - Solicitation/Contract Form Clauses
This page is intentionally left blank.
Section B - Supplies or Services/Prices Clauses
The contractor must furnish all labor, materials, equipment, transportation, insurance, notifications, license, permits, fees and supervision necessary to provide Janitorial Services at the Miami ARTCC and Child Care Center, located at 7500 NW 58thSt., Miami, FL 33166 , in accordance with specifications, contract clauses, and applicable wage rates.
Please NOTE: At the Government's discretion, additional services of similar magnitude and type may be added, or deleted, to/from this contract upon successful negotiations with the contractor in terms of price and quantity.
The offered prices 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.
All pricing is listed by Contract Line Item (CLIN) in the Solicitation, Offer and Award page. Each CLIN is a firm fixed price for the applicable period of performance.
The remainder of this page has been intentionally left blank.
Section C - Description/Specifications Clauses
Janitorial Services are to be performed at the Miami ARTCC and Child Care Center located at 7500 NW 58th St., Miami, FL This section incorporates in full attachment J-1 Statement of Work, J-2 Wage Determination, and J-3 Customer Satisfaction Survey.
Section D - Packaging and Marking
Section E - Inspection and Acceptance Clauses
3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR 1996)
(a) 'Services,' as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge if a fixed-price contract, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount, or if a cost reimbursement type contract, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may:
(1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and
(2) reduce the contract price, or any fee payable under the contract, to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:
(1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service, (or if a cost reimbursement contract, reduce any fee payable by an amount that is equitable under the circumstances), or
(2) terminate the contract for default.
(End of clause)
Section F - Deliveries or Performance 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.
3.10.1-9 STOP-WORK ORDER (OCT 1996)
Section G - Contract Administration Data
This page is intentionally left blank.
Section H - Special Contract Requirements Clauses
Section H - Special Contract Requirements Clause List
H.1 Required Security Training FAA Order 1600.69C Facility Security Management Program requires contractors that work at a FAA facility to take SAVI within 90 days of starting work and annually thereafter.
For those without access to eLMS, choose from one of the following options:
• In Office: Contact your local facility Computer-Based Instruction (CBI) Administrator to schedule a time to take the ASH SAVI at your nearest training facility.
• Online: Go to https://ashsavi.faa.gov/. This website will prompt you to enter a valid email address to receive a link to access the course. You will then need to provide additional information (full name, line of business/staff office (LOB/SO), routing code, etc.) and create a login/password before taking the course. If you do not know your LOB/SO or routing code, contact your supervisor and they will provide you with this information. After completing the course, you have the option to have your certificate emailed to you. To get credit for the course, you must forward a copy of your completion certificate to the appropriate person within your organization (i.e., supervisor, contracting officer/representative, learning/training coordinator).
• Read and Sign: Obtain a copy of the ASH SAVI by sending a request to 9-AWA-ASHAppsupport@ FAA.gov or call 1-888-584-8334/202-493-5044.
Requests must include the full name, LOB/SO/routing code (for example, ASH/AIN-200), and affiliation (i.e., contractor or federal) of employees and contractors who will be viewing the course.
To get credit for the course, you must forward a copy of your completion certificate to the appropriate individual within your organization (i.e., supervisor, Contracting Officer/ Representative, learning/training coordinator).
https://my.faa.gov/org/linebusiness/ash/programs/savi.html (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 https://ashsavi.faa.gov/ https://my.faa.gov/org/linebusiness/ash/programs/savi.html electronic commerce as part of the requirements of this solicitation and the resultant contract.
(c) Certain documents may need to be provided or maintained in original form, such as large scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.
(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.
(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section
5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.
(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications: Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.
(End of Clause)
Section I - Contract Clauses Clauses
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2018)
3.1.8-1 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY (OCT 2014)
3.2.2.3-8 AUDIT AND RECORDS (JUL 2010)
3.2.2.3-67 SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (JUL 2004)
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 (OCT 2019)
3.2.5-3 GRATUITIES OR GIFTS (OCT 2019)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2019)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.3.1-1 PAYMENTS (JUL 2018)
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)
3.3.1-38 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUL 2018)
3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT 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)
3.6.1-7 LIMITATIONS ON SUBCONTRACTING (JUL 2019)
3.6.1-12 NOTICE OF SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS SET-ASIDE (OCT
2019)
3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (OCT 2019)
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)
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)
3.6.2-46 PAID SICK LEAVE (JUL 2019)
3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)
3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (OCT 2019)
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)
3.8.2-10 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (JUL
2019)
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)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE II (APR 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
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)
3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(JAN 2018)
3.14-6 PRIVACY OR SECURITY SAFEGUARDS (NOV 2016)
3.17-3 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND
REINVESTMENT ACT (JUL 2010)
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.
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
(4) The location where any Subject Individual or former FAA employee whose name is required to be provided by the contractor pursuant to subparagraphs (1) and (2), are expected to be assigned.
(c) "Subject Individual" means a current FAA employee's father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, spouse of an in-law, or a member of his/her household.
(d) The contractor must incorporate this clause into all subcontracts or consultant agreements awarded under this contract and must further require that each such subcontractor or consultant incorporate this clause into all subcontracts or consultant agreements at any tier awarded under this contract unless the Contracting Officer determines otherwise.
(e) The information as it is submitted, must be certified as being true and correct. If there is no such information, the certification must so state.
(f) Remedies for nondisclosure: The following are possible remedies available to the FAA should a contractor misrepresent or refuse to disclose or misrepresent any information required by this clause:
(1) Termination of the contract.
(2) Exclusion from subsequent FAA contracts.
(3) Other remedial action as may be permitted or provided by law or regulation or policy or by the terms of the contract.
(g) Annual Certification. The contractor must provide annually, based on the anniversary date of contract award, the following certification in writing to the Contracting Officer:
ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS
The contractor represents and certifies that to the best of its knowledge and belief that during the prior 12 month period:
[ ] A former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement and complete disclosure has been made in accordance with subparagraph (b) of AMS Clause 3.1.7-6.
[ ] No former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement, and disclosure required by AMS Clause 3.1.7-6 is not applicable.
Authorized Representative
Company Name
Date
(h) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that: (1) the contractor considers this clause to be inappropriate and unnecessary in the case of a particular subcontract; (2) the contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition and the reason why; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.
(End of clause)
3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2019)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder must not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.
(End of clause)
3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (OCT 2019)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided, that the Government will give the Contractor a preliminary written notice of its intent to extend at least [ ] days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract must be considered to include this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, must not exceed 66 (months) or 5.5 (years).
(End of clause)
3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)
Funds are not presently available for this contract. The FAA's obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(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 TBD. 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 [enter date], 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) $0.00, $$0.00 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 TBD. 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)
3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (OCT 2019)
(a) The Contractor must, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the "Schedule" or elsewhere in the contract.
(b) Before commencing work under this contract, the Contractor must certify to the Contracting Officer in writing by letter or certificate of insurance, reflecting the FAA's contract number, that the required insurance has been obtained. The policies evidencing required insurance must contain an endorsement to the effect that any cancellation or any material change adversely affecting the Federal Aviation Administration's interest must not be made effective:
(1) for such period as the laws of the State in which this contract is to be performed prescribe, or
(2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
(c) The Contractor must insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and must require subcontractors to provide and maintain the insurance required in the "Schedule" or elsewhere in the contract. The Contractor must maintain a copy of all subcontractors' proofs of required insurance, and must make copies (reflecting the FAA's contract number to ensure proper filing of documents) available to the Contracting Officer upon request.
(End of clause)
3.4.1-12 INSURANCE (OCT 2019)
(a) During the term of this contract and any extension, the contractor must maintain at its own expense the insurance required by this clause. Insurance companies must be acceptable to the Federal Aviation Administration. Policies must include all terms and provisions required by the Federal Aviation Administration.
(b) The contractor must maintain and furnish evidence of the following insurance, with the stated minimum limits:
(1) Worker's Compensation and Employer's Liability. The contractor must comply with applicable Federal and State workers' compensation and occupational disease statutes. The contractor must maintain employer's liability coverage of at least $100,000, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(2) General Liability. The contractor must maintain bodily injury general liability insurance written on a comprehensive form of policy of at least $100,000* per person and $500,000* per occurrence. Property damage limits, if any, will be set forth elsewhere in the "Schedule."
(3) Automobile Liability. If automobiles will be used in connection with performance of this contract, the contractor must maintain automobile liability insurance written on a comprehensive form of policy with coverage of at least $200,000* per person and $500,000* per occurrence for bodily injury and $20,000* per occurrence for property damage.
(4) Aircraft Liability. If aircraft will be used in connection with performance of this contract, the contractor must maintain aircraft public and passenger liability insurance with coverage of at least $200,000* per person and $500,000* per occurrence for bodily injury other than passenger liability, and $200,000* per occurrence for property damage. Coverage for passenger liability bodily injury must be at least $200,000* multiplied by the number of seats or passengers, whichever is greater.
(5) Watercraft Liability. When watercraft will be used in connection with performing the contract, the contractor must provide watercraft liability insurance. Limits must be at least $1,000,000* per occurrence.
The policy must include coverage for owned, non-owned and hired watercraft.
(6) Environmental Impairment Liability. When the contract may involve hazardous wastes, the contractor must provide environmental impairment liability insurance with coverage of at least $1,000,000* bodily injury per occurrence and $1,000,000* property damage per occurrence. Such insurance must include coverage for the clean up, removal, storage, disposal, transportation, and use of pollutants.
(7) Medical Malpractice. When the contract will involve health care services, the contractor must maintain medical malpractice liability insurance with coverage of at least $500,000* per occurrence.
(c) Each policy must include substantially the following provision:
"It is a condition of this policy that the company furnish written notice to the U.S. Federal Aviation Administration 30 days in advance of the effective date of any reduction in or cancellation of this policy."
(d) The contractor must furnish a certificate of insurance or, if required by the Contracting Officer, true copies of liability policies and manually countersigned endorsements of any changes, including the FAA's contract number to ensure proper filing of documents. Insurance must be effective, and evidence of acceptable insurance furnished, before beginning performance under this contract. Evidence of renewal must be furnished not later than five days before a policy expires.
(e) The maintenance of insurance coverage as required by this clause is a continuing obligation, and the lapse or termination of insurance coverage without replacement coverage being obtained will be grounds for termination for default.
*Unless modified in the "Schedule"
(End of clause)
3.6.1-8 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE SDB CONCERNS (APR 2016)
(a) Offers are solicited only from eligible small disadvantaged business (SDB) concerns. As used herein, an "eligible SDB" concern is a small business concern expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) program and which meets the following criteria at the time of submission of offer.
(1) The offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action direct by the SBA.
(b) By submission of its offer, the offeror certifies that it meets all of the criteria set forth in paragraph (a) of this clause.
(c)(1) Agreement. A small business concern submitting an offer in its own name agrees to furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. However, this requirement does not apply in connection with construction or service contracts.
(2) The (Offeror insert name here) will notify the (Insert name of FAA Contracting Officer) in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(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.
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
Janitor $10.89 per hour
(End of clause)
3.6.2-41 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 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), except as otherwise specifically provided (in this statute) 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…
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