697DCK-25-R-00016_SAVES HWSW Recompete_2024-10-25.pdf

SOLICITATION, OFFER AND AWARD

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

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

5. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

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C. E-MAIL ADDRESS

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INFORMATION

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

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

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

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CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

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EXT.NUMBERAREA CODE

14B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

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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

10/28/2024 X

AAQ520FTW-AFN

FEDERAL AVIATION ADMINISTRATION

AAQ-500 - REGIONAL ACQUISITIONS

10101 HILLWOOD PARKWAY

FORT WORTH TX 76177-1524

1700 CS 12/05/2024

Dylan J. Huntley Dylan.J.Huntley@faa.gov

PAGE(S)

Dylan J. Huntley

697DCK-25-R-00016

10. TABLE OF CONTENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

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

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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

697DCK-25-R-00016

Strategic Sourcing for the Acquisition of Various

Equipment and Supplies (SAVES); Commercial

Off-the-shelf (COTS) Information Technology (IT)

Hardware (HW) and Software (SW).

Questions are due on November 12, 2024 at

5:00p.m. CST.

Period of Performance: 02/01/2025 to 01/31/2030

00001 SAVES IT HW and SW -- Base Period

00002 SAVES IT HW and SW, Quantity-based CLIN -- Base 1 EA

Period

00003 SAVES IT HW and SW -- Option Period

(Option Line Item)

(Expected Exercise Date/Days After Award: )

01/01/2030

Period of Performance: 02/01/2030 to 01/31/2035

00004 SAVES IT HW and SW, Quantity-based CLIN -- Option 1 EA

Period

(Option Line Item)

(Expected Exercise Date/Days After Award: )

01/01/2030

Period of Performance: 02/01/2030 to 01/31/2035

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

B.1 GENERAL

This SAVES contract is for Commercial-off-the-shelf (COTS) Hardware (HW) and Software (SW) and is a DOT wide strategic sourcing contract administered and managed by the FAA Offices of Acquisition and Business Services (ACQ) and Information and Technology Services (AIT). The products and services included in this contract include, but are not limited to, software, network infrastructure components (servers, switches, storage arrays, and network devices), personal computing devices (workstations, laptops, tablets, thin clients, notebooks, and similar items), computer peripherals and accessories, audio/visual equipment, and miscellaneous equipment (large screens, touch screens, scanners, projectors, desktop printers, multi-functional devices (MFD)), software to support the above mentioned hardware, and cloud based services by various Original Equipment Manufacturers (OEM) that meet the FAA IT community’s requirements. The Contractor must provide product-based services that enable the full lifecycle management of IT assets. These services must be directly related to the range of products offered under the Contract and must be performed as requested by the Contracting Officer on individual delivery orders. Additionally, the Contractor must facilitate the acquisition, deployment and maintenance of IT assets under this contract by providing services including, but not limited to, asset recovery/disposition and warehousing.

This contract DOES NOT include: non-COTS software items, software development for COTS items, web development and web design services, software operations and maintenance (O&M) services, alterations to a physical site (e.g., wiring, electrical, plumbing, construction), level of effort (LOE) support services including full time equivalent employees with a yearly period of performance (i.e. option years).

Up to eight (8) multiple award Indefinite-Delivery, Indefinite Quantity (IDIQ), firm fixed price contracts will be awarded. As a result, pricing will be competed at the individual Delivery Order level in accordance with Section G.4.

The Contractor must provide all items and services as specified in this solicitation, Statement of Work, and as ordered by the FAA through the issuance of delivery orders. The contractor must, upon receipt of an executed delivery order, furnish all items and services in accordance with this contract, the Statement of Work, and any applicable Statement of Work for the respective delivery order.

All terms and conditions contained in this document will be applicable to all delivery orders issued. The delivery orders placed under this contract may be used to support multiple FAA sites, the Department of Transportation, and the Department of Transportation modes.

B.2 CREDIT CARD TRANSACTIONS

The SAVES Contractor must accept payment via Government Purchase Card (a credit card). If a credit card surcharge is applicable, the quote must clearly state such including the amount to be charged. If the quote did not specify the surcharge, the surcharge cannot be added after the quote is submitted. Purchase card surcharges are regulated by the appropriate State authority. The following limitations apply to imposed credit card surcharges:

- The surcharge amount is limited to the specific and negotiated acceptance rate of a SAVES contractor and the networks; meaning that contractor is not allowed to profit from choosing to assess surcharges. For example, if a contractor’s negotiated acceptance rate with VISA and MasterCard is 3%, the contractor is allowed to impose a surcharge of no more than 3% of the total transaction value. Please note that the total surcharge rate a contractor canimpose cannot exceed 4% in any State.

B.3 TOTAL ESTIMATED CONTRACT VALUE

The minimum ordering obligation under this Contract is $1,000. The Government has no obligation to order additional supplies or services or issue additional delivery orders to the Contractor beyond the minimum ordering obligation specified.

The total cumulative ceiling amount is $4,082,940,567.00.

Clause List

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

The Statement of Work attachment can be found in Section J.

Clause List

Section D - Packaging and Marking Clause List

D.1 PACKAGING

Preservation, packaging, and packing for shipment or mailing of all deliverables hereunder shall be in accordance with Best Practices for Commercial Packaging, sufficient to assure arrival at destination in a safe and undamaged condition. Supplies shall be shipped prepaid by common carrier, parcel carrier or parcel post (unless otherwise specified on individual orders).

D.2 MARKING

The outside of the shipping container shall be marked with the applicable contract number and delivery order number. A detailed paper packing list in an envelope comparable to DD Form 250 shall be conspicuously placed on the outside of lowest numbered package (one packing list for each shipment).

Section E - Inspection and Acceptance Clause List

3.10.4-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1996)

3.10.4-2 INSPECTION OF SUPPLIES - FIXED PRICE (NOV 1997)

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

1996)

3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)

Section F - Deliveries or Performance Clause List

F.1 PERIOD OF PERFORMANCE

Basic Contract Term:

The term of this IDIQ contract is a total of ten (10) years, inclusive of one (1), five (5) year base period and one (1), five (5) year option period. If the Government elects to exercise any available option period(s), written notification of the Government’s intent to exercise an option will be provided to the Contractor in accordance with the procedures in AMS 3.2.4-35 Option to Extend the Term of the Contract.

Task Order(s) Term:

The term for each Delivery Order placed under the Basic Contract will be specified in the individual Delivery Order.

Under no circumstances may a Delivery Order be placed under the Basic Contract if the Basic Contract has expired, has been terminated or cancelled by the Government. Delivery Order options, if included at initial issuance of the Delivery Order, may be exercised after the expiration date of the Basic Contract. Delivery Orders may extend past the basic contract ordering period as specified in AMS Clause 3.2.4-20 Indefinite Quantity.

3.2.2.8-3 DELIVERY OF EXCESS QUANTITIES (APR 1996)

3.10.1-11 GOVERNMENT DELAY OF WORK (APR 1996)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

3.11-29 F.O.B. ORIGIN (APR 1999)

3.11-34 F.O.B. DESTINATION (APR 1999)

3.2.2.8-2 VARIATION IN QUANTITY (JUL 2024)

(a) A variation in the quantity of any contract item will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation must be limited to: [____] % increase and [___]% decrease [CO must insert percentages]. This permissible variation must be limited to[___________________] *

*[CO must insert the designations(s) to which the percentages apply, such as (1) the total contract quantity, (2) item 1 only, (3) each quantity specified in the delivery schedule, (4) the total item quantity for each destination, or (5) the total quantity of each item without regard to destination.]

(End of clause)

Section G - Contract Administration Data Clause List

G.1 DESIGNATION OF CONTRACTING OFFICER (CO)

The Contracting Officer is responsible for all contract administration under the contract. The Contracting Officer may designate, in writing, a Contract Specialist who will assist in the administration of contractual matter under the contract. All correspondence regarding contract administration should be addressed to the Contracting Officer.

The Contracting Officer identified is the only person authorized to approve changes in any of the requirements under the contract and, notwithstanding any clause contained elsewhere in the contract, the said authority remains solely with the Contracting Officer. No verbal statement by any person, or unwritten statement by anyone other than the Contracting Officer, or his/her authorized representative acting within the scope of his/her authority, shall be interpreted as modifying or otherwise affecting the terms of this solicitation or any resulting contract. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract to cover any increase in commodity as a result thereof.

All requests for interpretation shall be made in writing to the Contracting Officer. The contractor shall submit request for modification of the contract to the Contracting Officer with a copy of the request to any appointed Contracting Officer’s Representative. Contracting problems, of any nature, that may arise during the life of the contract must be handled in conformance with the FAA Acquisition Management System regulations. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer’s Representative and the[HDJ(1] Contractor shall bring all such unresolved contractual problems to the immediate attention of the Contracting Officer.

The Contracting Officer for this contract is:

Dylan J. Huntley

AAQ-580, SAVES

10101 Hillwood Parkway Fort Worth, TX 76177 dylan.j.huntley@faa.gov

G.2 RESPONSIBILITY FOR CONTRACT ADMINISTRATION

The Contracting Officer (CO), identified above, has the overall responsibility of the Contract and resultant delivery orders. The CO is authorized to take actions on behalf of the Government to amend, modify, or deviate from the Contract terms, conditions and requirements. The CO may delegate certain other responsibilities to his/her authorized representatives or Contracting Officer Representative (COR). A COR shall be appointed for the Contract.

An Alternative COR may also be delegated by the CO for each DO issued. The appointment(s) will be effective until the DO is completed or a written, or electronic, notice of termination is received from the CO responsible for the DO, whichever occurs first. Changes to the COR/ALT COR may be made by the CO via email direction or by DO modification (changes, directed by email will be confirmed in the next subsequent modification as applicable).

The COR/ALT COR has the authority to monitor the progress of the supplies and services that are to be delivered under the DO. This includes visits to the place of performance, meetings and telephone conversations with the Contractor personnel, acceptance, or rejection of the contracted items and other duties that may be authorized by the

CO.

The COR/ALT COR cannot authorize or order cessation of work or delete, change, or waive any of the requirements or other terms and conditions of the DO. Should the Contractor request a change (monetary or otherwise) to the DO, it must be a written request submitted to the CO for consideration. If appropriate, the change will be incorporated by a contract modification/revision. Whenever a difference of opinion between the Contractor and the COR/ALT COR occurs, the Contractor must notify the CO immediately.

https://usfaa-my.sharepoint.com/personal/dylan_j_huntley_faa_gov/Documents/Work/02_SAVES/03_Recompete/SIR/Clause%20Selection/Recompete%20SIR%20Section%20Language.docx#_msocom_1

G.3 ORDERING PROCEDURES

Within 21 calendar days of Contract award, the SAVES Contractor must begin accepting orders.

All orders under this Contract must originate from either:

- A Delivery Order (DO) issued by a Contracting Officer,

- A credit card transaction placed by Government Purchase Card (PCARD) holders, or

- All other modes of the Department of Transportation will process all of their delivery orders regardless of value.

Any other Delivery Orders or requests shall have no effect.

All terms and conditions contained in this document will be applicable to all delivery orders issued.

G.3.1 REQUEST TYPES AND RESPONSE TIMES

Request-For-Quote (RFQ):

Contains specific requirements. Pursuant to Section C.5.1, the CLINs will be indicated at time of quoting. Quotes submitted must include all information from RFQ.

- RFQ Response Time Limits: Submit quotes or no bids back to the SAVES quote email box (9-FAA-SAVES- QUOTES@faa.gov) within 4 business days.

Request-For-Information (RFI):

General in nature, does not have specific requirements. CLINs will not be indicated at time of responding.

- RFI Response Time Limits: Submit information back to SAVES quotes email box with 30 calendar days.

G.3.2 SHARING OF RFQ/RFI INFORMATION

Government issued RFQs/RFIs are not to be shared or “directly fed” to the public. They should only be provided to companies for whom you accept contractual and programmatic responsibility and oversight and with whom you have a business relationship in order to have them work with you and assist you in responding. In accordance to Section C.17, the Supply Chain Risk Management specifically addresses the different levels of the supply chain and reinforces the importance of “relationships” between a SAVES Contractor and Industry.

You are responsible for how the information you share is used and all actions by any companies related to those RFQs/RFIs. If a company obtains a SAVES RFQ/RFI from you and uses that information for any reason other than to assist you with a quote, your performance rating may be negatively impacted. Examples of misuse would include contacting the customer without your knowledge and oversight, providing quotes or other information outside SAVES, questioning the customer on their requirements, requesting information concerning awards, contacting the customer post-award to complain about their selection, etc. All communications must be coordinated through and with your company.

Since the subject of sharing RFQs/RFIs can be sensitive due to possible proprietary information, sensitive and/or classified requirements, etc. we are concerned about any “direct feeding” of RFQs/RFIs to the public and/or any fees that a SAVES Contractor may be charging to provide that direct feed service.

G.3.3 RFQ/RFI REQUEST PROCESS

1. When a request is issued via the SAVES quotes email box at 9-FAA-SAVES-QUOTES@faa.gov, the SAVES vendor must respond back to the SAVES email box with a quote in a MS Word, PDF, MS Excel document or a mutually agreed upon format. The quote must be accompanied listing all CLINs quantities and prices matching exactly what was in the quote.

2. For DOT Modes with a DOT email address (e.g. john.doe@dot.gov), SAVES vendors can receive RFI/RFQ mailto:9-FAA-SAVES-QUOTES@faa.gov mailto:9-FAA-SAVES-QUOTES@faa.gov mailto:9-FAA-SAVES-QUOTES@faa.gov and send back quotes outside the SAVES quotes email box.

3. For FAA customers with an FAA email address (e.g. jane.doe@faa.gov), all RFQs/RFIs are issued through the SAVES email box, and the FAA customer should not call or email SAVES vendors to request a quote and have it be emailed back to them.

Please be advised that most of the RFQs/RFIs come from AIT personnel that have developed the RFQ/RFI forms. If you’re receiving an RFQ/RFI outside of the SAVES quotes email box, please advise the customer you only have 2 options:

i. Decline to provide them a quote, or

ii. Have the FAA customer contact SAVES personnel for further guidance at: 9-NATL- SAVES@faa.gov

4. If this is a purchase card and the Purchase Card Holder (PCARD) contacted you directly to make a purchase, you can send them an updated quote/credit card transaction detail via email.

5. All quotes must indicate the validity period (minimum of 30 days).

6. Partial quoting is only allowed if explicitly stated by the customer. If you are unable to respond to the entire RFQ the SAVES vendor must provide a no-bid for the opportunity.

7. Each individual item on a quote should be clearly marked with its Trade-Act-Agreement (TAA) status. Items whose statuses are unknown should be clearly marked as non- compliant.

8. Within one business day of an order shipping, the SAVES vendor must provide the customer with the shipment tracking number.

9. “No bids” are required.

10. All questions, comments or other correspondence with customers during the RFQ process must only be through the SAVES quotes email box.

The Contractor must:

- Notify the ordering CO/PCARD if an item is out of stock. The ordering CO/PCARD must have the option of requesting a back-order, substituting another available Contract product, or canceling the item from the order.

Under no circumstance is the Contractor permitted to make unauthorized substitutions.

- Show shipping charges if not Free On-Board Shipping Point (FOB) Destination where applicable.

- Inform ordering CO/PCARD of the availability dates for unfilled and partial shipment orders

- Provide an automatic tax exemption, where applicable, for all purchases covered under the Contract.

- The Contractor must ensure that Government issued DOs match any Contractor provided quotes by line item and prices. Any quotes that have expired at the time of order placement must be re-quoted.

The delivery orders issued under the Contract will be competed among the contract holders according to the procedure set forth in Section G.4.

G.4 DELIVERY ORDER COMPETITION REQUIREMENTS

mailto:9-NATL-SAVES@faa.gov mailto:9-NATL-SAVES@faa.gov

In the event the requirement is estimated (based on the Government’s internal estimate) to be under $1,000,000.00, the competition for the requirement will be limited to the small business contract holders. The Government will evaluate quotes received and will award to the lowest price small business contract holder.

In the event the requirement is estimated (based on the Government’s internal estimate) to be $1,000,000.00 and above, the delivery order will be competed amongst all contract holders. The Government will evaluate quotes received and will award to the lowest price contract holder.

The competition parameters for each delivery order are entirely within the discretion of the ACO. If orders estimated to be under $1,000,000.00 do not receive at least two reasonable small business offers, the ACO has the discretion to allow the delivery order to be competed amongst all contract holders

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

Section H - Special Contract Requirements Clause List

This section is intentionally left blank.

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)

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

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

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

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

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

(e) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that: (1) the contractor considers this clause to be inappropriate and unnecessary in the case of a particular subcontract; (2) the contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition and the reason why; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.

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

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

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)

3.1.7-1 EXCLUSION FROM FUTURE AGENCY CONTRACTS (JUL 2018)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)

3.1.7-4 ORGANIZATIONAL CONFLICT OF INTEREST - MITIGATION PLAN REQUIRED (OCT

2019)

3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (JUL 2018)

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

IMPROPER ACTIVITY (APR 2024)

3.1.8-2 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (APR 2024)

3.2.2.3-29 INTEGRITY OF UNIT PRICES (JUL 2004)

3.2.2.3-33 ORDER OF PRECEDENCE (APR 2024)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (OCT 2015)

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

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2023)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.2.8-1 MATERIAL REQUIREMENT (OCT 2019)

3.2.4-28 CANCELLATION OF ITEMS (OCT 2019)

3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2019)

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)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 2024)

3.2.5-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2023)

3.3.1-1 PAYMENTS (JUL 2018)

3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (JUL 2018)

3.3.1-7 LIMITATION ON WITHHOLDING OF PAYMENTS (JUL 2018)

3.3.1-8 EXTRAS (JUL 2018)

3.3.1-9 INTEREST (APR 2023)

3.3.1-16 PROHIBITION OF ASSIGNMENT OF CLAIMS (APR 1996)

3.3.1-17 PROMPT PAYMENT (JAN 2021)

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)

3.4.1-12 INSURANCE (OCT 2019)

3.4.2-1 STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX (JUL 2019)

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

1996)

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

CONTRACT (OCT 2019)

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

3.5-1 AUTHORIZATION AND CONSENT (APR 2023)

3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

(JAN 2009)

3.5-3 PATENT INDEMNITY (APR 2017)

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

3.5-13 RIGHTS IN DATA - GENERAL (OCT 2014) - ALTERNATE II (JAN 2009)

3.5-13 RIGHTS IN DATA - GENERAL (OCT 2014) - ALTERNATE III (JAN 2009)

3.5-17 RIGHTS IN DATA - EXISTING WORKS (JAN 2009)

3.5-18 COMMERCIAL COMPUTER SOFTWARE LICENSE (JAN 2009)

3.6.1-7 LIMITATIONS ON SUBCONTRACTING (JUL 2021)

3.6.1-11 MENTOR-PROTEGE REQUIREMENTS AND EVALUATION (JAN 2024)

3.6.1-14 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (JAN 2021)

3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (JUL 2023)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-4 WALSH-HEALEY PUBLIC CONTRACTS ACT (OCT 2018)

3.6.2-9 EQUAL OPPORTUNITY (JUL 2023)

3.6.2-10 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (JAN 2020)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (APR 2022)

3.6.2-13 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (APR 2022)

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

3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (JUL 2023)

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

ACT (JUL 2023)

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)

3.6.4-20 CORRESPONDENCE AND DELIVERABLES IN ENGLISH (JAN 2012)

3.6.4-21 EXPORT CONTROL (JUL 2014)

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)

3.8.9-2 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)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE I (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 AMS (JAN 2024)

3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2022)

3.10.5-1 PRODUCT IMPROVEMENT/ TECHNOLOGY ENHANCEMENT (APR 1996)

3.10.6-1 TERMINATION FOR…