SIR DTFAAC-17-R-00210.pdf
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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 53
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
09/14/2017 X
AAQ0722-AFN
AAQ-722 DIVERSIFIED FRANCHISE ACQ
FAA AERONAUTICAL CENTER
PO BOX 25082
MPB ROOM 302
OKLAHOMA CITY OK 73125
1300 CT 10/04/2017
Jason R. McLaughlin 405 Jason.Mclaughlin@faa.g ov 954-7736
X
X
X
X
X
X
X
X
X
X
X
X
X
PAGE(S)
Jason R. McLaughlin
DTFAAC-17-R-00210
Section A - Solicitation/Contract Form
Clauses
Section B - Supplies or Services/Prices
Section B - Schedule
Section B - The Contractor shall furnish and provide the item(s) and/or Service(s) set forth below in accordance with the terms, conditions, and provisions set forth herein.
Base Year
Item Supplies/Services Unit Estimated Quantity Unit Price Total
SSAE Type II audit services for ESC's Delphi Application, Administrative Solutions & Systems Hosting Full GITC scope audit based on SOW FFP (Est. 220 Controls)
Audit 1 $__________
0002 Travel IAW FTR and Applicable AMS Clause Gov Est $6,175.00
0003 Additional Controls or Modifications IAW SOW 6.3 (Optional CLIN) Control 1 $ XXXXX
FFP
Total Amount for Base Year = $
Option Year I
Item Supplies/Services Unit Estimated Quantity Unit Price Total
SSAE Type II audit services for ESC's Delphi Application, Administrative Solutions & Systems Hosting Full GITC scope audit based on SOW
FFP
Audit 1 $
0005 Travel IAW FTR and Applicable AMS Clause Gov Est $6,793.00
0006 Additional Controls or Modifications IAW SOW 6.3 (Optional CLIN) Control 1 $ XXXXX
FFP
Total Amount for Option Year I = $
Option Year II
Item Supplies/Services Unit Estimated Quantity Unit Price Total
SSAE Type II audit services for ESC's Delphi Application, Administrative Solutions & Systems Hosting Full GITC scope audit based on SOW
FFP
Audit 1 $
0008 Travel IAW FTR and Applicable AMS Clause Gov Est $7,472.00
0009 Additional Controls or Modifications IAW SOW 6.3 (Optional CLIN) Control 1 $ XXXXX
Total Amount for Option Year II = $
Option Year III
Item Supplies/Services Unit Estimated Quantity Unit Price Total
SSAE Type II audit services for ESC's Delphi Application, Administrative Solutions & Systems Hosting Full GITC scope audit based on SOW
FFP
Audit 1 $
0011 Travel IAW FTR and Applicable AMS Clause Gov Est $8,219.00
0012 Additional Controls or Modifications IAW SOW 6.3 (Optional CLIN) Control 1 $ XXXXX
Total Amount for Option Year III = $
Option Year IV
Item Supplies/Services Unit Estimated Quantity Unit Price Total
SSAE Type II audit services for ESC's Delphi Application, Administrative Solutions & Systems Hosting Full GITC scope audit based on SOW
FFP
Audit 1 $
0014 Travel IAW FTR and Applicable AMS Clause Gov Est $9,041.00
0015 Additional Controls or Modifications IAW SOW 6.3 (Optional CLIN) Control 1 $ XXXXX
FFP
Total Amount for Option Year IV = $
Total Estimated Potential Value (Base year plus each option year) = $
Clause List
The remainder of this page has been intentionally left blank.
Section C - Description/Specifications
Scope of Work
C.1 SCOPE OF WORK
The contractor shall provide commercial auditing services for the Enterprise Service Center, Mike Monroney Aeronautical Center (MMAC) in accordance with the terms, conditions and provisions set forth herein and in the attached Statement of Work (SOW), at Section J, Attachment 1. The contractor shall be paid for services performed in accordance with Part I - Section B, Supplies or services and price/cost.
Clause List
AC4563 EMERGENCY SITUATIONS AND EXERCISES DURING CONTRACT PERFORMANCE AT
THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (NOV 2015)
(a) Emergency situations and exercises are temporary exceptions to the prohibition of contractor personnel being subject to the direction and control of Government personnel when performing non-personal contract services in Government facilities.
(b) All contractor personnel at a Government work site or facility during an actual emergency must conform to the procedures posted or directed by Government officials responsible for emergency response at that site or facility.
Such officials include evacuation wardens/monitors, security personnel, Emergency Readiness Officers, management, Contracting Officer’s Representative (COR), etc.
(c) Contractor personnel must participate in all emergency exercises, including evacuations, as part of performance under this contract. On rare occasions, based on advance arrangements that are then announced at the time of an exercise, contractor personnel may be excused from evacuations.
(d) Contractor management/site supervisors must ensure that each contractor employee assigned to work in Government facilities possesses a general awareness of emergency and evacuation procedures at all locations where the employees might be during an emergency or exercise. Contractor Management/Site Supervisors are responsible for accounting for their employees during an actual emergency or exercise, and are subsequently required to report this information to their COR as soon as practical based on the situation. Information on emergency procedures may be requested from the COR or a designated Government contact point at the work site.
(e) When there are disruptions to Government operations at the Mike Monroney Aeronautical Center, Contractor Management/Site Supervisor should ensure that all employees are aware of the following methods of obtaining the Center’s status:
The Center Status website: https://employees.faa.gov/org/centers/mmac/employee_services/facility_status/
Status Phone number; 954-0040, and local TV/Radio news channels.
(f) If the Center is OPEN during inclement weather, it’s business as usual. Any need for unscheduled leave is between the contractor employee and their contractor management, not the FAA.
(g) When the Center is OPEN with a Delayed Arrival Time, contractors may allow their employees to arrive at the worksite in accordance with the Delayed Arrival Time under which the Center is operating. However, the government will not pay for hours not worked on other than firm fixed price type contracts and discussions on accounting for time on any other contract type should be between Contractor Management/Site Supervisor and COR or CO.
(h) When the Center is CLOSED, contractor employees should not report to the Center unless they have been informed in advance that they are considered ‘mission critical’ employees or their contractor management/site supervisor has provided other direction. The government will not pay for hours not worked on other than firm fixed price type contracts. Any discussions on accounting for time on any other contract type should be between the contractor management/site supervisor and the COR or CO.
(i) If an alternative duty location is activated that includes contractor employees, all contractor employees will be made aware of that location through their contractor management/site supervisor.
Section D - Packaging and Marking
Clause List
Section E - Inspection and Acceptance
Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(End of clause)
3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR 1996)
AC1908 INSPECTION AND ACCEPTANCE AT DESTINATION (JUN 2015)
(a) Final inspection and acceptance shall be at destination.
(b) Although source inspection by the Government is not anticipated under this contract, the provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled 3.10.4-4 Inspection of Services - Both fixed price & Cost Reimbrsement (APR 1996)
Section F - Deliveries or Performance
Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(End of clause)
3.10.1-9 STOP-WORK ORDER (OCT 1996)
3.10.1-24 NOTICE OF DELAY (MAR 2009)
AC0168 AUTHORIZED PERFORMANCE (JUL 2015)
The execution of a contract shall not constitute authority for the contractor to commence performance. Performance shall be ordered by the issuance of a formal delivery order by an authorized Contracting Officer of the Mike Monroney Aeronautical Center. Orders issued orally or by written telecommunications shall reference a formal delivery order number and shall be confirmed by issuance of the formal delivery order.
AC1137 CHANGE TO INDIVIDUAL DELIVERY ORDER SCHEDULE (JAN 1997)
(a) The delivery schedule(s) of all delivery orders issued hereunder shall be established in accordance with the terms of the contract.
(b) In the event that the Contractor fails to deliver in accordance with the established delivery schedule(s) and if such failure is not due to an excusable delay as defined in the Default clause of this contract, the Government and the Contractor may at the Government's option, negotiate a revised delivery schedule(s) in exchange for adequate consideration to the Government. A contract modification will not be required, but the delivery order(s) shall be amended in writing accordingly.
(c) A delivery order change or amendment made pursuant to this clause shall not affect the delivery schedule(s) of any other delivery order(s) issued under this contract.
(d) This clause shall not limit the Government's rights under the Default clause.
AC1604 CONTRACT PERIOD (JUN 2015)
The effective period of this contract is 1 year from the effective date of the award, plus up to four (4) one-year option periods if exercised at the sole discretion of the Government.
Section G - Contract Administration Data
Clause List
G.1 ACCOUNTING AND APPROPRIATION DATA
Accounting and appropriation data will be set forth on individual task orders issued hereunder.
Accounting and appropriation data will be set forth on individual task orders issued hereunder.
G.2 CORRESPONDENCE PROCEDURES
(a) To promote timely and effective administration, correspondence submitted under this contract (except for invoices and reports) shall be subject to the following procedures:
(1) Correspondence Preparation. All correspondence shall contain a subject line commencing with the contract number.
(2) Technical correspondence of a routine nature shall be addressed to the designated COR with an information copy of the correspondence sent to the CO.
(3) Other correspondence, including technical correspondence where patent or technical data issues (if any) are involved, or correspondence which proposes or otherwise involves waivers, deviations, or modifications to the contract requirements, terms and conditions, etc. shall be addressed to the CO with an information copy of the correspondence sent to the COR.
(b) Invoices shall be submitted in accordance with Clause CLA.0135r.
G.3 FAA CONTRACTING OFFICER’S (CO) AUTHORITY
(a) The FAA CO assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting; ensuring compliance with the terms and conditions of the contract and safeguarding the interests of the United States in its contractual relationships. In this regard, the CO is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the CO is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, this authority remains solely with the CO.
(b) It is the responsibility of the contractor to contact the CO immediately if there is even the appearance of any technical direction that is or may be outside of the scope of the contract. Work not ordered by the CO and/or work outside the scope of the contract shall not be reimbursed by the Government.
(c) The contractor shall immediately notify the CO for clarification when a question arises regarding the authority of any person to act for the CO under this Contract.
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(End of clause)
3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)
AC0116 OPTION TO EXTEND SERVICES (JUN 2015)
The Government may unilaterally exercise its option to extend the term of the contract for performance of specified services pursuant to Section I, AMS Clause 3.2.4-34, Option to Extend Services , by written notice to the contractor not later than the expiration date of the current contract period.
AC0135 INVOICING PROCEDURES - GENERAL (JAN 2017)
(a) In addition to the requirements set forth at AMS Clause 3.3.1-17, Prompt Payment, for the submission of a proper invoice, the contractor shall submit a separate invoice for (1) each month of performance of services, or (2) those items of supplies furnished, as follows:
(1) The original to: 9-AMC-AMZ-FAA-APInvoices@faa.gov (Preferred) or mail to:
DOT/FAA AMK-311/314
P.O. Box 25710
Oklahoma City, OK 73169-0710
(2) One Copy to Jason.mclaughlin@faa.gov or:
FAA, Mike Monroney Aeronautical Center
Office of Acquisition Services (AAQ-(insert routing symbol))
P.O. Box 25082
Oklahoma City, OK 73l25
(3) One Copy to Kent.Mitchell@faa.gov or:
FAA, Mike Monroney Aeronautical Center
Kent Mitchell, AMK-011
P.O. Box 25082
Oklahoma City, OK 73l25
(b) Each invoice shall highlight the following information:
(1) Contract number and applicable Delivery Order number.
(2) Noun description of services and/or supplies, including applicable line item number(s) and quantity(s) that were provided.
(3) Extended totals for invoiced quantities.
(c) All contractors invoicing services to the FAA in labor hours shall maintain on file, and submit when required for verification or audit, certified time logs showing a daily start and ending work times, the daily total of productive hours charged to the contract, a daily entry for any non-productive work-hours and cumulative totals for each pay period.
AC2604 INCREMENTAL FUNDING (JAN 1997)
(a) The Government reserves the right to incrementally fund this contract on a periodic basis to promote efficiency in the utilization of fiscal allotments through the routine budget process or the use of interim funding measures such as under congressional ""continuing resolution"" procedures.
(b) Delivery orders will be periodically issued to provide a not-to-exceed amount of funds. Such amount will be sufficient to cover contract performance for the period specified in the order, plus an estimated cost for terminating the contract should additional funds not be available to continue performance under the contract.
(c) This clause becomes inoperative when the contract period is fully funded.
Section H - Special Contract Requirements
Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(End of clause)
3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2013)
(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.
Contractors may use the following means of electronic signature technology PIN Numbers or passwords, digital signatures, smart cards, etc..
(End of Clause)
3.8.2-17 KEY PERSONNEL AND FACILITIES (MAY 1997)
(a) The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract.
(b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the Contractor shall notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.
(c) No diversion shall be made by the Contractor without the written consent of the Contracting Officer.
(d) The key personnel and/or facilities under this contract are:
Audit Lead / Manager [ ]
(List key personnel and/or facilities)
(End of clause)
3.13-15 CONFIDENTIALITY OF DATA AND INFORMATION (NOV 2016)
(a) In performance of this contract, the contractor and any of its subcontractors, may need access to and use various data and information in the possession of the Government.This data and information may have been obtained under conditions which restrict the Government's right to use and disclose this data and information or which may be adverse to the interests of the Government or other parties if it is disseminated or used in a capacity other than in performance of this contract. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless it is already publically available; or (2) use for any purpose other than the performance of this contract any data or information which bears a restrictive marking or legend which the contractor has gained access to through the performance of this contract, or information that should be marked according to FAA Order 1600.75 "Protecting Sensitive Unclassified Information (SUI)". For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form.
(b) In the event the work required to be performed under this contract requires access to proprietary data and information of other companies, the contractor must obtain agreement from such other companies for such use unless such data are provided or made available to the contractor by the Government. Two copies of such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use and disclosure of the proprietary data and information as well as any other terms and conditions to be agreed upon between the parties thereto. It is agreed by the contractor that any such data or information, whether obtained by the contractor pursuant to the aforesaid agreement or from the Government, must be protected from unauthorized use by or unauthorized disclosure to any individual, corporation, or organization so long as it remains proprietary.
(c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information as required above. The contractor must obtain from each employee in connection with this contract a signed Non-Disclosure Agreement. This agreement must provide that the employee will not, during employment or anytime thereafter, disclose or use for current or future benefit of any party any of the data (to include any form of Sensitive Unclassified Information (SUI) described in FAA Order 1600.75) or information not publically available received in connection with the work under the contract.
(d) The contractor agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third party data or software by the contractor, its employees, subcontractors, or agents.
(e) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that: (1) the contractor considers this clause to be inappropriate and unnecessary in the case of a particular subcontract; (2) the contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition and the reason why; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.
(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information described above obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company. The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed. The FAA reserves the right to audit the deletion. The FAA must provide notice of the audit 10 calendar days prior to the audit.
(g) These restrictions do not limit the contractor's (or subcontractor's) right to use and disclose any data and information obtained from another source without restriction.
(End of clause)
AC0090 ENVIRONMENTAL, SAFETY AND HEALTH (JULY 2016)
(a) The Contractor shall ensure that no person employed on this contract works in surroundings or under conditions that are unsanitary, hazardous, or dangerous to their health or safety. The contractor shall also ensure that all employees receive appropriate and required training for safety, health, environmental, and equipment operations. In fulfilling these requirements, the Contractor shall comply with:
(1) Applicable Federal, State, and local environmental and safety requirements. This includes, but is not limited to, requirements contained in the U.S. Code of Federal Regulations (e.g. 29 CFR, 40 CFR, and 42 CFR) and/or requirements issued by the Oklahoma Department of Environmental Quality and the Oklahoma Corporation Commission.
(2) Supplemental Federal and FAA environmental, safety and health requirements contained in Executive Orders, FAA, and Mike Monroney Aeronautical Center (MMAC) Environmental, Safety and Health Orders, or elsewhere in the contract. Other standards used by the FAA include those sponsored by the National Fire Protection Association (NFPA), the American National Standards Institute (ANSI), the American Society of Testing and Materials (ASTM), etc. This list of standards or laws is not inclusive.
(3) The MMAC Environmental, Occupational Safety and Health Policy states:
-The FAA Mike Monroney Aeronautical Center is fully committed to excellence and leadership in protecting the environment, and the health and safety of our employees and neighbors. It is our policy to ensure that employees, contractors, students, and visitors are provided with workplaces that are free from recognized hazards that may cause death, illness, or injury. Additionally, we will accomplish our mission in a manner that will minimize environmental consequences. All organizations at the Aeronautical Center are responsible to ensure that environmental, safety, and health considerations are integrated into their daily activities and operations. In keeping with this commitment, we will implement, maintain, and continually improve our environmental, safety, and health performance by utilizing a comprehensive Environmental, Occupational Safety and Health Management System which:
-Ensures compliance with all applicable environmental, occupational safety, and health requirements
-Establishes environmental, occupational safety and health metrics
-Prevents injury and illness
-Minimizes pollution and waste; conserves natural resources and improves energy efficiency
-Identifies hazards, assesses risks, and implements controls
Aeronautical Center personnel demonstrate their commitment to this policy by providing products and services in a manner that demonstrates our good stewardship of the environment, and in a manner that ensures a safe and healthy work environment for employees, contractors, students, and visitors.
(4) The environmental requirements of the MMAC Environmental, Occupational Safety and Health Management System (EOSHMS) are modeled after the specifications found in the International Standard for Environmental Management, ISO 14001: 2004. The health and safety requirements of the MMAC Environmental, Occupational Safety and Health System (EOSHMS) are modeled after the specifications found in the Occupational Health and Safety Assessment Series, BS OHSAS 18001: 2007. The MMAC EOSHMS requires that all contractors that provide goods and services that can affect MMAC's environmental, occupational safety and health programs shall, prior to start of performance of work under this contract:
(i) Ensure that all employees supporting the contract work activities are:
-Aware of the MMAC Environmental, Occupational Safety and Health Policy as set forth in paragraph (a)(3) above;
-Aware of and conform with the Operational Control documents referenced as attachments in Section J of this solicitation/contract;
-Competent to perform assigned job functions and maintain appropriate records of training or equivalent experience as identified in the above referenced Operational Control documents. Such records shall be made available to the CO or COR upon request.
(ii) Ensure that employees requiring unescorted access to the site have received the MMAC Environmental, Occupational Safety and Health Management System (EOSHMS) General Awareness Briefing, eLMS course # FAA30050017. This training is available on-line at:
https://ksn2.faa.gov/arc/amc/amp/amppublic/SitePages/Training%20-%20Mandatory%20Training.aspx .
(iii) Complete and sign the 'Certification of Contractor Conformance to the MMAC EOSHMS' included in Section K of this solicitation/contract. Contractor's signature of this certification certifies that the contractor has verified that all MMAC EOSHMS requirements have been or will be met and that work performed hereunder shall be in conformance with the MMAC EOSHMS. Submission of this certification is a prerequisite for contract award.
(b) If the Contractor works more than 1000 employee-hours in one quarter on the MMAC Campus, the Contractor shall prepare and submit an annual report of injury and illness information regarding this workforce as specified in 29 CFR 1904. The report shall be submitted to the Contracting Officer not later than November 30 of each year and contain the following information (Note: the following references to fiscal year refer to the Governmental fiscal year, October 1 through September 30):
(1) The number of employee-hours worked during the preceding fiscal year;
(2) The number of OSHA recordable cases (defined as mishaps that result in fatalities, lost workdays, medical treatment, restricted workdays or a loss of consciousness) that occurred during the preceding fiscal year;
(3) The number of cases which resulted in days away and/or restricted/transferred duty that occurred during the preceding fiscal year.
(c) If there are conflicts between any of the requirements referenced in this contract, the more stringent requirement will prevail.
(d) If the Contractor fails or refuses to promptly comply with any environmental, safety or health requirements stated in this Clause, the Contracting Officer's Representative (COR) will notify the Contractor of any such noncompliance and the Contractor shall take immediate corrective action. Such notice, whether oral or written, when served on the Contractor or any of its employees at the site of the work, shall be deemed sufficient. All oral notices will be followed up with a written notice to the Contractor. If the Contractor fails or refuses to promptly correct the condition, the COR may stop all or any portion of the work. When satisfactory corrective action has been taken, the contractor shall request permission to resume work from the COR. No time extension or additional costs, resulting from the directive to stop work shall be allowed. Failure of the COR to provide notice of noncompliance or to stop work shall not relieve the Contractor of its responsibility for the safe performance of the work.
(e) The Contractor shall require contract personnel to wear personal protective equipment when it is necessary because of the hazards on the job and in most instances will provide the equipment and corresponding training, except that which has been specified to be furnished by FAA. All personal protective equipment worn by contractors shall comply with applicable industry standards.
(f) Contractors shall include a clause in all subcontracts to require subcontractors to comply with this clause.
AC3402 FAA FACILITY REGULATIONS FOR MMAC CONTRACTORS (APR 2016)
FAA FACILITY REGULATIONS FOR MMAC CONTRACTORS (APR 2016) CLA.3402
Contractor personnel, including employees of subcontractors at any tier, suppliers, etc., working at or visiting the FAA Mike Monroney Aeronautical Center (MMAC) facility, shall abide by all applicable regulations in effect at the MMAC facility governing their conduct, including, but not limited to, those regulations pertaining to traffic, parking, security, and airport matters. A non-inclusive list of such regulations is provided below. The full text of these are available at the website shown or can be obtained by contacting your Contracting Officer (CO)/Contracting Officer’s Representative (COR).
FAA ORDERS/DIRECTIVES
Contractor & Industrial Security Program FAA Order 1600.72A http://www.faa.gov/documentLibrary/media/Order/ND/1600.72A.pdf
Accountability Board FAA Order 1110.125A http://www.faa.gov/documentLibrary/media/Order/1110.125A.pdf
Smoking Restrictions in FAA Controlled or Occupied Space FAA Order 3900.47 http://www.faa.gov/documentLibrary/media/Order/3900.47.pdf
FAA Occupational Safety & Health Program FAA Order 3900.19B http://www.faa.gov/documentLibrary/media/Order/3900.19B.pdf
Airfield Driver Training for FAA Employees FAA Order 5200.7A http://www.faa.gov/documentLibrary/media/Order/5200.7A.pdf
Internet Use Policy FAA Order 1370.79A http://www.faa.gov/documentLibrary/media/Order/FAA_Order_1370.79A.pdf
Electronic Mail FAA Order 1370.81A https://employees.faa.gov/documentLibrary/media/Order/1370.81A.pdf
Parking and Traffic AC 1600.21 H Chapter 7 https://ksn2.faa.gov/arc/amc/amp/amppublic/Traffic%20Safety/Forms/AllItems.aspx
Documents are only available by request from the Contracting Officer.
AC4555 NOTICE OF CONTRACTOR TESTIMONY (SEP 2006)
(a) The contractor shall notify the Contracting Officer promptly in writing of its intention, or the intention of its employees, subcontractors of any tier, or subcontractor employees, either voluntarily or under compulsion of competent authority, to provide sworn testimony on any matter related to or arising under the work required by and/or performed under, this contract. Such written notification at a minimum shall consist of the date and time of the testimony, identification of the court, board, or other body before which the testimony is made, the nature of the testimony to be given to the extent it is known at the time of this report, the nature of the contractor’s involvement in the proceeding and any other circumstances related to the work performed under or related to the contract and the proceeding in which the testimony will be taken.
(b) The contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts executed under this contract and shall require all subcontractors to provide the required report to the contractor.
AC4556 PERSONNEL AND SUPERVISION (JUL 2015)
The contractor shall designate sufficient supervisory personnel to meet task outcomes. Contract supervisors will provide day-to-day supervision of contract personnel including, but not limited to, work monitoring, payroll records, leave, etc. At no time will FAA personnel assume any responsibility for the supervision of contractor personnel.
Government assistance will be available to provide technical and policy guidance through the assigned Contracting Officer’s Representative (COR).
AC4557 STRIKES OR PICKETING
Notwithstanding any other provision hereof, the Contractor is responsible for delays arising out of labor disputes, including but not limited to strikes, if such strikes are reasonably avoidable. A delay caused by a strike or by picketing which constitutes an unfair labor practice is not excusable unless the Contractor takes all reasonable and appropriate action to end such a strike or picketing, such as the filing of a charge with the National Labor Relations Board, the use of other available Government procedures, and the use of private boards or organizations for the settlement of disputes.
Section I - Contract Clauses
Clause List
NOTE: AMS 3.10.1-26 Contractor Performance Assessment Reporting System (APR 2013) is not applicable to this solicitation.
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(End of clause)
3.1.7-1 EXCLUSION FROM FUTURE AGENCY CONTRACTS (AUG 1997)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)
3.1.7-4 ORGANIZATIONAL CONFLICT OF INTEREST - MITIGATION PLAN REQUIRED (APR 2012)
3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (MAR 2009)
3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)
3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(OCT 2015)
3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2011)
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)
3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.3.1-1 PAYMENTS (APR 1996)
3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (MAY 1997)
3.3.1-8 EXTRAS (MAY 1997)
3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)
3.3.1-15 ASSIGNMENT OF CLAIMS (APR 1996)
3.3.1-17 PROMPT PAYMENT (JAN 2017)
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
(AUG 2012)
3.3.2-1 FAA COST PRINCIPLES (JAN 2016)
3.3.2-2 REIMBURSEMENT FOR TRAVEL AND SUBSISTENCE (APR 2010)
3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JUL 1996)
3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT 1996)
3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (APR 2013)
3.5-1 AUTHORIZATION AND CONSENT (JAN 2009)
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)
3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2010)
3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED, AND
SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS CONCERNS (MAR 2009)
3.6.1-4 SMALL, SMALL DISADVANTAGED, WOMEN-OWNED AND SERVICE-DISABLED VETERAN
OWNED SMALL BUSINESS SUBCONTRACTING PLAN (AUG 2012)
3.6.1-7 LIMITATIONS ON SUBCONTRACTING (APR 2016)
3.6.2-2 CONVICT LABOR (APR 1996)
3.6.2-9 EQUAL OPPORTUNITY (AUG 1998)
3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (JAN 2011)
3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)
3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1996)
3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (AUG 1998)
3.6.2-39 TRAFFICKING IN PERSONS (OCT 2015)
3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (JAN 2012)
3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (OCT 2016)
3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)
3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.8.2-10 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR
1996)
3.9.1-1 CONTRACT DISPUTES (OCT 2011)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE I (APR 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.1-26 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (APR 2013)
3.10.2-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (APR 1996)
3.10.3-9 USE OF CONTRACTOR-EQUIPMENT OR SOFTWARE - PERMITTED (NOV 2016)
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT 1996)
3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (OCT 1996)
3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)
3.13-11 PLAIN LANGUAGE (JUL 2006)
3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)
3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(OCT 2012)
3.14-3 FOREIGN NATIONALS AS CONTRACTOR EMPLOYEES (APR 2014)
3.14-5 SENSITIVE UNCLASSIFIED INFORMATION (SUI) (JUL 2013)
3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS (JUL 2009)
(a) The policy of the FAA is to avoid doing business with contractors, subcontractors, and consultants who have a conflict of interest or an appearance of a conflict of interest. The purpose of this policy is to maintain the highest level of integrity within its workforce and to ensure that the award of procurement contracts is based upon fairness and merit.
(b) The contractor must provide to the Contracting Officer the following information with its proposal and must provide an information update within 30 days of the award of a contract, any subcontract, or any consultant agreement, or within 30 days of the retention of a Subject Individual or former FAA employee subject to this clause:
(1) The names of all Subject Individuals who:
(i) participated in preparation of proposals for award; or
(ii) are planned to be used during performance; or
(iii) are used during performance; and
(2) The names of all former FAA employees, retained by the contractor who were employed by FAA during the two year period immediately prior to the date of:
(i) the award; or
(ii) their retention by the contractor; and
(3) The date on which the initial expression of interest in a future financial arrangement was discussed with the contractor by any former FAA employee whose name is required to be provided by the contractor pursuant to subparagraph (2); and
(4) The location where any Subject Individual or former FAA employee whose name is required to be provided by the contractor pursuant to subparagraphs (1) and (2), are expected to be assigned.
(c) "Subject Individual" means a current FAA employee's father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, spouse of an in-law, or a member of his/her household.
(d) The contractor must incorporate this clause into all subcontracts or consultant agreements awarded under this contract and must further require that each such subcontractor or consultant incorporate this clause into all subcontracts or consultant agreements at any tier awarded under this contract unless the Contracting Officer determines otherwise.
(e) The information as it is submitted, must be certified as being true and correct. If there is no such information, the certification must so state.
(f) Remedies for nondisclosure: The following are possible remedies available to the FAA should a contractor misrepresent or refuse to disclose or misrepresent any information required by this clause:
(1) Termination of the contract.
(2) Exclusion from subsequent FAA contracts.
(3) Other remedial action as may be permitted or provided by law or regulation or policy or by the terms of the contract.
(g) Annual Certification. The contractor must provide annually, based on the anniversary date of contract award, the following certification in writing to the Contracting Officer:
ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS
The contractor represents and certifies that to the best of its knowledge and belief that during the prior 12 month period:
[ ] A former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement and complete disclosure has been made in accordance with subparagraph (b) of AMS Clause 3.1.7-6.
[ ] No former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement, and disclosure required by AMS Clause 3.1.7-6 is not applicable.
Authorized Representative
Company Name
Date
(End of clause)
3.2.4-16 ORDERING (OCT 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract. Such orders may be issued from the date of award through the expiration date fo the contract including any options exercised.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders issued by facsimile, email or other electronic commerce methods are considered "issued" when the Government sends the order. Orders may be issued orally only if authorized in the contract.
(End of clause)
3.2.4-17 ORDER LIMITATIONS (OCT 1996)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of the estimated annual requirement;
(2) Any order for a combination of items in excess of estimated total requirement; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract, the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
3.2.4-19 REQUIREMENTS (OCT 1996)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the "Schedule" are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the "Schedule" and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the "Schedule" that are required to be purchased by the Government activity or activities specified in the "Schedule."
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.
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