16 - 697DCK-24-R-00049.pdf
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- Solicitation number
- 697DCK-24-R-00049
About this file
This is a solicitation for consolidated services in the San Diego-Pacific Desert Region. The solicitation seeks janitorial, landscaping, and electronic/IT services at multiple air traffic control towers, TRACON facilities, and ARTCC locations in the region. Required services are outlined in an attached statement of work. Offerors must provide unit pricing for the base year and four one-year options. The contracting agency is the Department of Transportation Federal Aviation Administration Southwestern Region. The solicitation number is 697DCK-24-R-00049 and questions are due by December 18, 2023. Proposals are due by November 20, 2023 and the anticipated award date is December 27, 2023. The solicitation incorporates standard clauses on small business participation, labor laws, and other contractual requirements.
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SOLICITATION, OFFER AND AWARD
3. SOLICITATION TYPE1. CONTRACT NO. 2. SOLICITATION NUMBER
6. ISSUED BY CODE 7. ADDRESS OFFER TO (If other than Item 6)
5. REQUISITION/PURCHASE NUMBER
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"
NEGOTIATED BID (RFP)
SEALED BID (IFB)
4. DATE ISSUED
PAGE OF PAGES
1 128
C. E-MAIL ADDRESS
EXT.NUMBERAREA CODE
B. TELEPHONE (NO COLLECT CALLS)A. NAME
9. FOR
INFORMATION
CALL
CAUTION: LATE Submissions, Modifications and Withdrawals. All offers are subject to all terms and conditions contained in this solicitation.
(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the
SOLICITATION
8. Sealed offers in original and
PART IV - REPRESENTATIONS AND INSTRUCTIONS
OTHER STATEMENTS OF OFFERORS
EVALUATION FACTORS FOR AWARD
INSTR., CONDS., AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND
LIST OF ATTACHMENTS
CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
I
J
K
L
M SPECIAL CONTRACT REQUIREMENTS
CONTRACT ADMINISTRATION DATA
DELIVERIES OR PERFORMANCE
INSPECTION AND ACCEPTANCE
PACKAGING AND MARKING
DESCRIPTION/SPECS./WORK STATEMENT
SUPPLIES OR SERVICES AND PRICE/COST
SOLICITATION/CONTRACT FORM
PART II - CONTRACT CLAUSESPART I - THE SCHEDULE
H
G
F
E
D
C
B
A
SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)
10. TABLE OF CONTENTS
17. OFFER DATE16. SIGNATURE
SUCH ADDRESS IN SCHEDULE.
IS DIFFERENT FROM ABOVE - ENTER
14C. CHECK IF REMITTANCE ADDRESS
EXT.NUMBERAREA CODE
14B. TELEPHONE NUMBER
(Type or print)AND
ADDRESS
OF
OFFEROR
CODE FACILITY
15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER14A. NAME
DATEAMENDMENT NO.DATEAMENDMENT NO.
and related documents numbered and dated):
amendments to the SOLICITATION for offerors
(The offeror acknowledges receipt of
13. ACKNOWLEDGEMENT OF AMENDMENTS
CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT PAYMENT the designated point(s), within the time specified in the schedule.
by the offeror) from the date for receipt of offers specified above , to furnish any or all items upon which prices are offered at the price set opposite each item , delivered at
11. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted
NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period .
OFFER (Must be fully completed by offeror)
IMPORTANT - Award will be made on this Form, or by other authorized official written notice.
27. AWARD DATE
(Signature of Contracting Officer)
26. CONTRACT AUTHORITY
24. PAYMENT WILL BE MADE BY
25. NAME OF CONTRACTING OFFICER (Type or print)
CODE 23. ADMINISTERED BY (If other than Item 6)
ITEM
(4 copies unless otherwise specified)
22. SUBMIT INVOICES TO ADDRESS SHOWN IN21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
20. ACCOUNTING AND APPROPRIATION19. AMOUNT18. ACCEPTED AS TO ITEMS NUMBERED
AWARD (To be completed by CONTRACT AUTHORITY)
CODE
WS-24-00021
X
AAQ520FTW-AFN
FEDERAL AVIATION ADMINISTRATION
AAQ-500 - REGIONAL ACQUISITIONS
10101 HILLWOOD PARKWAY
FORT WORTH TX 76177-1524
1400 CT
Justin L. Blassingame (CTR) 630 justin.l-ctr.blassinga me@faa.g 660-3637
X
X
X
X
X
X
X
X
X
X
X
X
X
PAGE(S)
Jennifer J. Davis
697DCK-24-R-00049
12/27/2023
11/20/2023
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 128
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
697DCK-24-R-00049
SAN DIEGO-PACIFIC DESERT REGION CONSOLIDATED
SERVICES
Delivery Location Code: 4699E26M
4699E26M
699E26 DOT FAA WWV32 SCT WP824B
SCT ENVIRONMENTAL SSC
9175 KEARNY VILLA RD M
SAN DIEGO CA 921267055 US
Period of Performance: 02/01/2024 to 01/31/2029
00001 Base: POP 2/1/24 – 1/31/25 - San Diego-Pacific
Desert Region Consolidated Services
All services must be rendered per the attached
Statement of Work (SOW).
Edwards TRACON Janitorial
Monthly $_______________ Yearly $_______________
Palm Springs ATCT Janitorial
Monthly $_______________ Yearly $_______________
San Diego/Lindbergh ATCT Janitorial
Monthly $_______________ Yearly $_______________
Ontario ATCT Janitorial
Monthly $_______________ Yearly $_______________
Chino ATCT Janitorial
Monthly $_______________ Yearly $_______________
El Monte ATCT Janitorial
Monthly $_______________ Yearly $_______________
Gillespie ATCT Janitorial
Monthly $_______________ Yearly $_______________
Lancaster ATCT Janitorial
Monthly $_______________ Yearly $_______________
ZLA ARTCC, TRACON, & CCF Janitorial
Monthly $_______________ Yearly $_______________
ZLA ARTCC, TRACON, & CCF Landscaping
Monthly $_______________ Yearly $_______________
San Diego TRACON & CCF Landscaping
Monthly $_______________ Yearly $_______________
TOTAL
Continued ...
3 128
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
697DCK-24-R-00049
Monthly $_______________
Yearly $_______________
Electronic & IT: 03
Delivery: 01/31/2025
Period of Performance: 02/01/2024 to 01/31/2025
00002 OY1: POP 2/1/25 – 1/31/26 - San Diego-Pacific
Desert Region Consolidated Services
All services must be rendered per the attached
Statement of Work (SOW).
Edwards TRACON Janitorial
Monthly $_______________ Yearly $_______________
Palm Springs ATCT Janitorial
Monthly $_______________ Yearly $_______________
San Diego/Lindbergh ATCT Janitorial
Monthly $_______________ Yearly $_______________
Ontario ATCT Janitorial
Monthly $_______________ Yearly $_______________
Chino ATCT Janitorial
Monthly $_______________ Yearly $_______________
El Monte ATCT Janitorial
Monthly $_______________ Yearly $_______________
Gillespie ATCT Janitorial
Monthly $_______________ Yearly $_______________
Lancaster ATCT Janitorial
Monthly $_______________ Yearly $_______________
ZLA ARTCC, TRACON, & CCF Janitorial
Monthly $_______________ Yearly $_______________
ZLA ARTCC, TRACON, & CCF Landscaping
Monthly $_______________ Yearly $_______________
San Diego TRACON & CCF Landscaping
Monthly $_______________ Yearly $_______________
TOTAL
Monthly $_______________
Yearly $_______________
4 128
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
697DCK-24-R-00049
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)12/31/2024
Delivery: 01/31/2026
Period of Performance: 02/01/2025 to 01/31/2026
00003 OY2: POP 2/1/26 – 1/31/27 - San Diego-Pacific
Desert Region Consolidated Services
All services must be rendered per the attached
Statement of Work (SOW).
Edwards TRACON Janitorial
Monthly $_______________ Yearly $_______________
Palm Springs ATCT Janitorial
Monthly $_______________ Yearly $_______________
San Diego/Lindbergh ATCT Janitorial
Monthly $_______________ Yearly $_______________
Ontario ATCT Janitorial
Monthly $_______________ Yearly $_______________
Chino ATCT Janitorial
Monthly $_______________ Yearly $_______________
El Monte ATCT Janitorial
Monthly $_______________ Yearly $_______________
Gillespie ATCT Janitorial
Monthly $_______________ Yearly $_______________
Lancaster ATCT Janitorial
Monthly $_______________ Yearly $_______________
ZLA ARTCC, TRACON, & CCF Janitorial
Monthly $_______________ Yearly $_______________
ZLA ARTCC, TRACON, & CCF Landscaping
Monthly $_______________ Yearly $_______________
San Diego TRACON & CCF Landscaping
Monthly $_______________ Yearly $_______________
TOTAL
Monthly $_______________
5 128
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
697DCK-24-R-00049
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)12/31/2025
Delivery: 01/31/2027
Period of Performance: 02/01/2026 to 01/31/2027
00004 OY3: POP 2/1/27 – 1/31/28 - San Diego-Pacific
Desert Region Consolidated Services
All services must be rendered per the attached
Statement of Work (SOW).
Edwards TRACON Janitorial
Monthly $_______________ Yearly $_______________
Palm Springs ATCT Janitorial
Monthly $_______________ Yearly $_______________
San Diego/Lindbergh ATCT Janitorial
Monthly $_______________ Yearly $_______________
Ontario ATCT Janitorial
Monthly $_______________ Yearly $_______________
Chino ATCT Janitorial
Monthly $_______________ Yearly $_______________
El Monte ATCT Janitorial
Monthly $_______________ Yearly $_______________
Gillespie ATCT Janitorial
Monthly $_______________ Yearly $_______________
Lancaster ATCT Janitorial
Monthly $_______________ Yearly $_______________
ZLA ARTCC, TRACON, & CCF Janitorial
Monthly $_______________ Yearly $_______________
ZLA ARTCC, TRACON, & CCF Landscaping
Monthly $_______________ Yearly $_______________
San Diego TRACON & CCF Landscaping
Monthly $_______________ Yearly $_______________
TOTAL
Monthly $_______________
6 128
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
697DCK-24-R-00049
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)12/31/2026
Delivery: 01/31/2028
Period of Performance: 02/01/2027 to 01/31/2028
00005 OY4: POP 2/1/28 – 1/31/29 - San Diego-Pacific
Desert Region Consolidated Services
All services must be rendered per the attached
Statement of Work (SOW).
Edwards TRACON Janitorial
Monthly $_______________ Yearly $_______________
Palm Springs ATCT Janitorial
Monthly $_______________ Yearly $_______________
San Diego/Lindbergh ATCT Janitorial
Monthly $_______________ Yearly $_______________
Ontario ATCT Janitorial
Monthly $_______________ Yearly $_______________
Chino ATCT Janitorial
Monthly $_______________ Yearly $_______________
El Monte ATCT Janitorial
Monthly $_______________ Yearly $_______________
Gillespie ATCT Janitorial
Monthly $_______________ Yearly $_______________
Lancaster ATCT Janitorial
Monthly $_______________ Yearly $_______________
ZLA ARTCC, TRACON, & CCF Janitorial
Monthly $_______________ Yearly $_______________
ZLA ARTCC, TRACON, & CCF Landscaping
Monthly $_______________ Yearly $_______________
San Diego TRACON & CCF Landscaping
Monthly $_______________ Yearly $_______________
TOTAL
Monthly $_______________
7 128
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
697DCK-24-R-00049
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award:
)12/31/2028
Delivery: 01/31/2029
Period of Performance: 02/01/2028 to 01/31/2029
Section A - Solicitation/Contract Form
Section B - Supplies or Services/Prices Section B - Schedule
Clause List
SA25 PRICES/COSTS FOR SERVICES
Furnish all labor, materials, equipment, transportation, insurance, notifications, licenses, permits, fees and supervision necessary for Consolidated Services in the San Diego-Pacific Desert Region in accordance with the specifications, drawings, contract clauses, and wage rates.
The offered price shall encompass all costs related to (a) direct and indirect labor, fringe benefits, overhead, G&A expenses, profit, material, equipment, other direct costs, insurance, freight, handling, transportation, inspection, testing, operation and maintenance manuals, bonds, etc., (b) federal, state, and local taxes, (c) all applicable fees permits, licenses, and (d) any miscellaneous charges.
An offeror is required to provide a price for each contract line item (CLIN). Failure to comply may result in the rejection of the subject offer. A single award shall be made. There shall be no split award. In the event that the CLIN price for any line item is materially unbalanced, the entire offer may be rejected without discussion with the offeror.
In the event of any disparity between the CLIN price and the total offered price, the CLIN price shall be deemed correct, and the total offered amount shall be revised accordingly, unless available information indicates otherwise.
Effective April 1, 1996, the Federal Aviation Administration (FAA) began operating under the new FAA Acquisition Management System. The l996 DOT Appropriation Act, Public Law 104-50, mandated that the FAA rewrite its acquisition regulations and granted legislative relief from certain laws. The Federal Acquisition Regulations (FAR), Federal Acquisition Streamlining Act of 1994, Small Business Act, and Competition in Contracting Act, are three of these laws.
(End of Clause)
SA29 SOLICITATION QUESTIONS
All contractors proposing this project desiring an interpretation or clarification of the specifications, drawings, contract terms and conditions, etc., must make the request by e-mail to justin.l-ctr.blassingame@faa.gov and jennifer.j.davis@faa.gov. Alternately, you may fax your written questions to email only to justin.l-ctr.blassingame@faa.gov and jennifer.j.davis@faa.gov. Telephone questions will not be accepted. The requestor shall provide a company name, point-of -contact name, address and telephone number, as well as a return e-mail address or FAX number. The Contracting Officer is the only person authorized to make clarifications, interpretations, or changes to this solicitation.
QUESTIONS ARE DUE by: Monday, December 18, 2023 at 12:00 noon CT.
(End of Clause)
SA30 SITE VISIT
There is an optional site visit on the dates listed below at the times listed below.
a. Meeting point.
Day 1 – 12/11/23 9:00 am - Edwards TRACON - Jim Oswood – 760-284-2447 11:00 am - Lancaster ATCT - James Mayer – 661-481-4005 2:00 pm - ZLA ARTCC, TRACON, & CCF - Jorge Gonzalez – 818-561-8636
Day 2 – 12/12/23 9:00 am - El Monte ATCT - Alan Voong 310-678-3532 11:30 am - Ontario ATCT Alan Voong 310-678-3532 2:30 pm - Chino ATCT Alan Voong 310-678-3532
Day 3 – 12/13/23 10:00 am - Palm Springs ATCT – Jeremy Withrow 760-285-9674
Day 4 – 12/14/23 9:00 am - San Diego TRACON Levi Gustafson – 619-318-2554 11:00 am - Gillespie ATCT - Stephen Quindry 423-483-5424 2:00 pm - San Diego / Lindbergh ATCT - Stephen Quindry 423-483-5424.
b. The FAA facility escort has been instructed not to answer any questions about the project during the site visit, please do not ask them any. All questions from the site visit must be submitted in writing according to the RFO's instructions in Section B, Clause B005 Solicitation Questions (above). The FAA assumes no responsibility for any conclusions or interpretations made by the contractor based on the information received by any means other than in writing from the Contracting Officer. The FAA does not assume responsibility for any understanding reached or representation made concerning conditions, which can affect the work, by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in the contract.
c. To attend the site visit, advance notice by email to justin.l-ctr.blassingame@faa.gov and jennifer.j.davis@faa.gov is required by Thursday, December 7, 2023, at 12:00 noon CT to the FAA points of contact listed just below. Each company will be limited to two (2) total attendees and the following information must be included for each attendee submission: Full Legal Name, Date of Birth, Driver’s License Number and State of Issue, and the Last 4 digits of their Social Security Number.
POC: The POC information is listed with each site above. Those POCs should only be contacted for assistance with access to the site if you have been confirmed to be added to the list of attendees.
(End of Clause)
The remainder of this page has been intentionally left blank.
Section C - Description/Specifications Scope of Work
The San Diego-Pacific Desert Region Consolidated Services Statement of Work (SOW) is located in Section J as attachment 1.
Clause List
Section D - Packaging and Marking
Section E - Inspection and Acceptance Clause List
3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR
1996)
3.10.4-15 CERTIFICATE OF CONFORMANCE (APR 1996)
3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)
Section F - Deliveries or Performance
Section G - Contract Administration Data Clause List
3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)
SA5 PHOTOGRAPHS
In accordance with FAA Order 1600.69, Paragraph 319 All employees on this contract are strictly prohibited from taking any photographs during the duration of this contract without prior approval of the Facility Manager.
SA14 AUTHORITY OF THE GOVERNMENT
No one other than the Contracting Officer has the authority to authorize or make changes in the terms, conditions, change the scope of work or specifications in the contract, make any commitments or otherwise obligate the Government, or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms and conditions of the contract.
SA36 CORRESPONDENCE
The contracting officer prefers to receive written communication and documents electronically via email at justin.l-ctr.blassingame@faa.gov and jennifer.j.davis@faa.gov. All email correspondence to the FAA must state the contract number in the 'Subject' field. Electronic documents must be accompanied by an explanatory email and should be sent in a portable-document-format type file (file extension pdf), such as Adobe Acrobat. Vendors are required to ensure that the quality of the administrative content in electronic files represents a reasonably high business standard. The Government is not responsible for the administrative ordering or legibility of correspondence received electronically. Emailed files/documents may not be in a zipped format. If electronic file sizes (i.e., typically expressed as kilobytes or megabytes) are too large for email attachments, recommend delivery in compact disk (CD) format submitted via hard-copy mail. Any CD mailing or printed-paper, hard-copy correspondence will be sent to the contracting officer at the following address.
Email only to justin.l-ctr.blassingame@faa.gov and jennifer.j.davis@faa.gov.
(End of Clause)
SA40 FAA FACILITY REGULATIONS
Contractor personnel, including employees of subcontractors, suppliers, etc., working on or visiting an FAA facility shall abide by all appropriate traffic, parking, security, and airport regulations in effect at that facility.
(End of Clause)
Section H - Special Contract Requirements Clause List
3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)
(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:
(1) Contracts written on paper and contracts in electronic form;
(2) Pen-and-ink signatures and electronic signatures; and
(3) Other legally-required written records and the same information in electronic form.
(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.
(c) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.
(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.
(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section
5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.
(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:
Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.
(End of Clause)
3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (JAN 2022)
(a) Definitions.
(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.
(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.
(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:
(i) The awarding of any Federal contract.
(ii) The making of any Federal grant.
(iii) The making of any Federal loan.
(iv) The entering into of any cooperative agreement.
(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.
(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.
(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.
(7) "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:
(i) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.
(ii) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.
(iii) A special Government employee, as defined in section 202, title 18, United States Code.
(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States Code, appendix 2.
(8) 'Person,' as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
(9) 'Reasonable compensation,' as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.
(10) 'Reasonable payment,' as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.
(11) 'Recipient,' as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
(12) 'Regularly employed,' as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person must be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.
(13) 'State,' as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi- State, regional, or interstate entity having governmental duties and powers.
(b) Prohibitions. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal action) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the screening information request (SIR), the offeror must complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and
(3) He or she will include the language of this clause in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 must disclose accordingly.
(4) This certification and disclosure is a prerequisite for making or entering into this contract imposed by the Act.
Any person who makes a prohibited expenditure or fails to file or amend a disclosure form, must be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure.
(c) The prohibitions of the Act do not apply under the following conditions:
(1) Agency and legislative liaison by its own employees.
(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.
(ii) For purposes of subdivision (c)(1)(i) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.
(iii) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:
(A) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.
(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.
(iv) The following agency and legislative liaison activities are permitted where they are prior to Screening Information Request (SIR) of any covered Federal action:
(A) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;
(B) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and
(C) Capability presentations by persons seeking awards from an agency pursuant to the provisions of a law authorizing such actions;
(v) Only those services expressly authorized by subdivision (c)(1)(i) of this clause are permitted under this clause.
(2) Professional and technical services.
(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of:
(A) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.
(B) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.
(ii) For purposes of subdivision (c)(2)(i) of this clause, 'professional and technical services' must be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a submittal/offer by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's submittal/offer, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services.
Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a submittal/offer are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.
(iii) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.
(iv) Only those services expressly authorized by subdivisions (c)(2)(i) and (ii) of this clause are permitted under this clause.
(v) The reporting requirements herein must not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.
(d) Disclosure.
(1) If the Contractor, who requests or receives from an agency a Federal contract, has made or has agreed to make any payment using non-appropriated funds (to include profits from any Covered Federal action), to any person for the purpose of influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with a Covered Federal action, the Contractor must file with that agency a disclosure form, OMB Standard Form LLL, Disclosure of Lobbying Activities..
(2) The Contractor must file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (d)(1) of this clause. An event that materially affects the accuracy of the information reported includes:
(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or
(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or
(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.
(3) The Contractor must require the certification, and if required, a disclosure form by any person who requests or receives any subcontractor exceeding $150,000 under the Federal contract.
(4) All subcontractor disclosure forms must be forwarded from tier to tier until received by the prime Contractor.
The prime Contractor must submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor.
(e) Agreement. The Contractor agrees not to make any payment prohibited by this clause.
(f) Penalties.
(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or fails to file or amend the disclosure form to be filed or amended by paragraph (b) must be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.
(2) Contractors may rely without liability on the representations made by their subcontractors in the certification and in the disclosure form.
(g) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.
(End of clause)
Section I - Contract Clauses Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
https://fast.faa.gov/contractclauses.cfm.
(End of clause)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)
3.1.8-1 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (OCT 2014)
3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (OCT 2015)
3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2023)
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 2021)
3.2.5-3 GRATUITIES OR GIFTS (OCT 2019)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2019)
3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (OCT 2022)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.3.1-1 PAYMENTS (JUL 2018)
3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (JUL 2018)
3.3.1-8 EXTRAS (JUL 2018)
3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)
3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS
(OCT 2012)
3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD
MANAGEMENT (JUL 2018)
3.3.2-1 FAA COST PRINCIPLES (OCT 2019)
3.4.1-7 NOTICE TO PROCEED (OCT 2019)
3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT
1996)
3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (OCT 2019)
3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (JUL 2023)
3.6.2-2 CONVICT LABOR (APR 1996)
3.6.2-9 EQUAL OPPORTUNITY (JUL 2023)
3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (APR 2022)
3.6.2-13 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (APR 2022)
3.6.2-28 SERVICE CONTRACT LABOR STANDARDS (JUL 2023)
3.6.2-30 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS -
PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (JUL 2023)
3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (JUL 2023)
3.6.2-39 TRAFFICKING IN PERSONS (JUL 2023)
3.6.2-46 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JUL 2023)
3.6.2-47 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026
(JUL 2023)
3.6.3-7 WASTE MANAGEMENT AND POLLUTION PREVENTION (JAN 2020)
3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER
SERVICE AND CONSTRUCTION CONTRACTS (JAN 2020)
3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (JAN 2020)
3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (JAN 2020)
3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (JAN 2020)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.6.6-1 DRUG FREE WORKPLACE (APR 2023)
3.6.6-2 SEAT BELT USE BY CONTRACTOR EMPLOYEES (APR 2023)
3.6.6-3 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JUL 2023)
3.8.2-10 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (JUL
2019)
3.8.2-11 CONTINUITY OF SERVICES (OCT 2018)
3.8.9-2 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (JUL 2023)
3.9.1-1 CONTRACT DISPUTES (JAN 2020)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE II (APR 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.1-28 CHANGES REQUIRED BY LAW (OCT 2023)
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT
1996)
3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (JAN 2020)
3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (OCT 2023)
3.2.1.5-4 CONTINUITY OF SERVICES - MISSION CRITICAL CONTRACTS (JAN 2008)
(a) The contractor recognizes that the supplies and/or services under this contract are critical to FAA and must be continued without interruption during times of National Emergency or Incidents of National Significance. Supplies and/or services to be continued without interruption are:
Janitorial Services
(b) National Emergencies or Incidents of National Significance include:
(1) Outbreak of pandemic influenza or infectious disease;
(2) Terrorist attack; and
(3) Natural disaster.
(c) Because the supplies and/or services under this SIR or contract are deemed critical by FAA, the contractor must make every reasonable effort to deliver these supplies and/or services per the contract requirements during times of National Emergency or Incidents of National Significance; however, the presence of this clause does not affect or diminish the Contractor's rights under Default or Termination clauses incorporated into this SIR or contract.
(d) Within 10 days after award, the contractor must submit a Continuity of Contract Performance Plan to the Contracting Officer (CO) for review and acceptance. This plan describes the processes and tools that the contractor will commit to ensure supplies and/or services are delivered as required during times of National Emergency or Incidents of National Significance. This plan must include the following sections:
(1) Plans and Procedures: Detail the plans and procedures in place that will provide for continued contract performance for supplies and/or services during times of National Emergencies or Incidents of National Significance;
(2) Essential Functions: Record functions that are essential to the continuation of mission critical contract performance;
(3) Delegations of Authority, Planned Order of Succession, and Cross-Training: Procedures in place to ensure personnel are available to make key decisions and perform critical services when primary personnel are unavailable;
(4) Alternate Operating Facilities: When the primary facility is unavailable, detail plans to make available other facilities unaffected by the National Emergency or Incident of National Significance. If contract performance allows, this may include alternatives such as telecommute;
(5) Interoperable and Effective Communications: Identify alternate communication systems if primary systems are unavailable;
(6) Critical Records or Data: Identify plans in place to ensure critical records and data are still available to ensure the integrity of contract performance;
(7) Protection of Human Capital: Identify comprehensive plans to protect the overall health and welfare of the workforce in times of National Emergency or Incidents of National Significance;
(8) Testing and Training of the Plan: Detail comprehensive testing and training of the plan to improve the execution of contract performance in times of National Emergency or Incidents of National Significance;
(9) Devolution of Control and Direction: Identify plans and the ability to transfer authority and responsibility of essential functions from the primary location to other sites and employees; and
(10) Reconstitution and Resuming Normal Operations: Identify procedures and processes to expedite the return of contract performance and operations to their normal state.
(e) The Continuity of Contract Performance Plan must be made available by the contractor to all authorized contractor personnel with a "need-to-know" for review and use during the term of the contract.
(f) The Continuity of Contract Performance Plan must be updated as needed.
(End of Clause)
3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2019)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder must not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.
(End of clause)
3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (JUL 2021)
(a) The Government may extend the term of this contract by written notice (contract modification) to the Contractor prior to the expiration of the current period of performance provided, that the Government will give the Contractor a preliminary written notice of its intent to extend at least [ Enter number of days] days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract must be considered to include this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, must not exceed 6 (months) 5 (years).
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 January 19, 2024. 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 January 19, 2024, 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)
3.3.1-17 PROMPT PAYMENT (JAN 2021)
As indicated below, different language in this clause applies depending on whether standard prompt payment invoicing procedures apply per AMS Guidance T3.3.1A.14, or eInvoicing prompt payment procedures apply based on clause 3.3.31-40 "Electronic Submission of Payment Requests" and AMS Guidance T3.3.1A.15.
Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment will be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified.
STANDARD PROMPT PAYMENT INVOICING PROCEDURES
(a) Invoice Payments.
(1) For purposes of this clause, invoice payment means a Government disbursement of monies to a Contractor under a contract or other authorization for supplies or services accepted by the Government. This includes payments for partial deliveries that have been accepted by the Government, final payments under T&M and labor-hour contracts, and final cost or fee payments where amounts owed have been settled between the Government and the Contractor.
(2) Except as indicated in subparagraph (a)(3) and paragraph (c) of this clause, the due date for making invoice payments by the designated payment office will be the later of the following two events:
(i) The 30th day after the designated billing office has received a proper invoice from the Contractor.
(ii) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance will be deemed to have occurred on the effective date of the contract settlement. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date will be deemed to be the 30th day after the date the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(iii) For all invoices under contracts with small businesses, "30th day" as indicated in subdivisions (a)(2)(i) and (a)(2)(ii) of this clause is changed to "15th day" to the extent practicable. This does not change whether interest is owed in accordance with subparagraphs (a)(4) through (a)(6) below. Interest will not be owed unless payment is not made within 30 days of becoming due.
(3) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. An invoice must be prepared and submitted to the designated billing officer specified in the contract. A proper invoice must include the items listed in subdivisions (a)(3)(i) through (a)(3)(ix) of this clause. If the invoice does not comply with these requirements, then the Contractor will be notified of the defect within 7 days after receipt of the invoice at the designated billing office. Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor in the manner described in subparagraph (a)(6) of this clause.
(i) Name and address of the Contractor.
(ii) Invoice date.
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed and applicable contract line item.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice.
(viii) Vendor invoice number, account number and/or any other identifying number agreed under the contract.
(ix) Any other information or documentation required by other requirements of the contract (such as evidence of shipment).
(4) An interest penalty will be paid automatically by the Government, without request from the contractor, if payment is not made by the due date and the conditions listed in subdivisions (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable.
(i) A proper invoice was received by the designated billing office.
(ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(5) The interest penalty will bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate will be the interest rate established by the Secretary of the Treasury, referred to as the 'Renegotiation Board Interest Rate,' (It is published in the Federal Register semiannually on or about January 1 and July 1), which is applicable to the period in which the amount becomes due. The interest penalty amount, interest rate and the period for which the interest penalty was computed, will be separately stated by the designated payment office on the check, in accompanying remittance advice, or, in the case of wire transfers, by an appropriate electronic data message accompanying the wire transfer.
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