DTFAAC-17-R-00251-1.pdf
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- ISO 9001 Re-certification and Surveillance Audits Federal contract opportunity
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- DTFAAC-17-R-00251
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SOLICITATION, OFFER AND AWARD
3. SOLICITATION TYPE1. CONTRACT NO.
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 45
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
AC-17-03286
X
AAQ0812-AFN
AAQ-812 TRAINING & AVIATION ACQ
FAA AERONAUTICAL CENTER
PO BOX 25082
MPB ROOM 369
OKLAHOMA CITY OK 73125
1600 CS
Niamalika R. Glover 405 nia.glover@faa.gov
954-7831
X
X
X
X
X
X
X
X
X
X
X
X
PAGE(S)
2-4
Michele D. Mustin
2. SOLICITATION NUMBER
DTFAAC-17-R-00251
Firm Fixed Price Indefinite Delivery/Requirement Contract Total Small Business Set-Aside
6500 S. MacArthur Blvd MP Bldg. Room 313 Oklahoma CIty, Oklahoma 73169 September 15, 2017
Schedule B BASEYEAR Price
ISO 9001:2015 Audit and Certification
CLIN 0001 AJV-5 (AIS) ISO 9001 Certification including
a. Pre-Assessment Audit (Optional)
b. ISO 9001:2015 Certification Audit
CLIN 0001 TOTAL
CLIN 0002 AJV-5 (AIS) Reimbursable Travel
Expenses
CLIN 0003 AJV-15 (OEG) ISO 9001 Certification including
a. Pre-Assessment Audit (Optional)
b. ISO 9001:2015 Certification Audit
CLIN 0003 TOTAL
CLIN 0004 AJV-15 (OEG) Reimbursable Travel
Expenses
BASE YEAR TOTAL
OPTION YEAR I
ISO 9001:2015 Audit and Certification
CLIN 0005 AJV-5 (AIS) ISO 9001:2015
Certification Surveillance Audit
(Annual)
CLIN 0006 AJV-5 (AIS) Reimbursable Travel
Expenses
CLIN 0007 AJV-15 (OEG) ISO 9001:2015
Certification Surveillance Audit
(Annual) $_______________
CLIN 0008 AJV-15 (OEG) Reimbursable Travel
Expenses $_______________
OPTION YEAR I TOTAL $________________________
OPTION YEAR II
ISO 9001:2015 Audit and Certification
CLIN 0009 AJV-5 (AIS) ISO 9001:2015
Certification Surveillance Audit
(Annual) $_______________
CLIN 0010 AJV-5 (AIS) Reimbursable Travel
Expenses $_______________
CLIN 0011 AJV-15 (OEG) ISO 9001:2015 Certification Surveillance Audit
(Annual) $_______________
CLIN 0012 AJV-15 (OEG) Reimbursable
Travel
OPTION YEAR II TOTAL
OPTION III
ISO 9001:2015 Audit and Certification
CLIN 0013 AJV-5 (AIS) ISO 9001:2015
RE-Certification Audit
CLIN 0014 AJV-5 (AIS) Reimbursable Travel
Expenses
CLIN 0015 AJV-15 (OEG) ISO 9001:2015
RE-Certification audit
CLIN 0016 AJV-15 (OEG) Reimbursable Travel
Expenses
OPTION YEAR III TOTAL
OPTION IV
ISO 9001:2015 Audit and Certification
CLIN 0017 AJV-5 (AIS) ISO 9001:2015 Surveillance Audit
(Annual)
CLIN 0018 AJV-5 (AIS) Reimbursable Travel
Expenses
CLIN 0019 AJV-15 (OEG) ISO 9001:2015 Surveillance
Audit (Annual) $_______________
CLIN 0020 AJV-15 (OEG) Reimbursable Travel
Expenses $_______________
OPTION YEAR IV TOTAL $________________________
Total Contract Price $_________________________
Note: This is a Firm Fixed Price Indefinite delivery/Requirements type contract. The precise quantities of services, and support required is unknown and will be ordered on an as-needed basis with the issuance of
Delivery/Task Orders. Delivery/Task Orders will be issued with Not-to-Exceed line item(s). Prices are pre-established with Section B Unit Prices. Estimated requirements are not a representation to an offeror or contractor that the estimated quantity will be ordered, or that conditions affecting requirements will be stable or normal.
The remainder of this page has been intentionally left blank.
PART 3.6.1 SMALL BUSINESS UTILIZATION PROGRAM
Clause List
Section C - Description/Specifications
Scope of Work
The contractor shall perform the requirements listed in Section B and the Statement of Work (Section J Attachment 1) in accordance with all terms, conditions, and provisions. (Please see attached Statement of Work)
The remainder of this page has been intentionally left blank.
Section D - Packaging and Marking
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 Reimbursement (APR 1996)
Section F - Deliveries or Performance
F.1 Anticipated Delivery Schedule based on Certification Expirations:
AJV-5 Aeronautical Information Services Certificate
(Combination of two prior certificates into one QMS due to organization realignment) Description Quantity Anticipated Delivery Schedule
Pre-Assessment
Audit (Optional) 1 45 days after award
ISO 9001:2015
Initial Certification
Audit 1
To be accomplished in 2017, in lieu of ISO 9001:2008 annual surveillance audit. The transition and certification to ISO
9001:2015 standard must be completed by December 31, 2017 to avoid lapse in certification.
Surveillance Audit
(Annual) 3
1 year and 2 year after initial certification audit; and then 1 year after re-certification audit
ISO 9001:2015 Re-
Certification Audit 1 3 years after initial certification audit
AJV-15 OEG Certificate (Separate QMS) Description Quantity Anticipated Delivery Schedule
Pre-Assessment
Audit (Optional) 1 45 days after award
ISO 9001:2015
Initial Certification
Audit 1
To be accomplished in 2017, in lieu of ISO 9001:2008 annual surveillance audit. The transition and certification to ISO
9001:2015 standard must be completed by December 31, 2017 to avoid lapse in certification.
Surveillance Audit
(Annual) 3
1 year and 2 year after initial certification audit; and then 1 year after re-certification audit
ISO 9001:2015 Re-
Certification Audit 1 3 years after initial certification audit
(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.
The remainder of this page has been intentionally left blank.
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.
3.10.1-9STOP-WORKORDER(OCT1996)
3.10.1-24 NOTICE OF DELAY (MAR 2009)
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.
Section G - Contract Administration Data
Clause List
G.1 ACCOUNTING AND APPRORIATION DATA
Accounting and appropriation data will be set forth on the contract Award.
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.0135.
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.
3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)
(a) The Contracting Officer may designate other Government personnel (known as the Contracting Officer's Representative) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.
(b) The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.
(End of Clause)
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 nia.glover@faa.gov or:
FAA, Mike Monroney Aeronautical Center
Office of Acquisition Services (AAQ-812))
P.O. Box 25082
Oklahoma City, OK 73l25
(3) One Copy to monica.price@faa.gov:
FAA, Mike Monroney Aeronautical Center
Monica Price AJV-5111
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
3.1.9-1 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 [CO to enter the means of electronic signature technology authorized to include PIN numbers or passwords, digital signatures, smart cards, etc].
(End of Clause)
(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.
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.
AC4555 NOTICE OF CONTRACTOR TESTIMONY (SEP 2006)
Section I - Contract Clauses
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)
3.1.7-1 EXCLUSION FROM FUTURE AGENCY CONTRACTS (AUG 1997)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)
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)
3.3.1-7 LIMITATION ON WITHHOLDING OF PAYMENTS (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)
3.4.2-6 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)
3.6.2-2 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)
3.6.2-39 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)
3.9.1-1 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)
3.10.2-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (APR 1996)
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)
3.2.4-16 - 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 Section F.1 Delivery schedule through [CO to insert date].
(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.
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 $$100.00 dollars, 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 estimated annual requirement ;
(2) Any order for a combination of items in excess of estimated annual requirement; or
(3) A series of orders from the same ordering office within 10 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 3 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.
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. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after [insert date].
(End of clause)
3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2014)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.
(End of clause)
3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (APR 1996)
(a) The Government may extend the term of this contract by written notice to the Contractor within the current term of the contract; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 (months) 5 (years).
(End of clause)
3.3.1-1 PAYMENTS (APR 1996)
The FAA shall pay the Contractor, upon the submission of proper invoices, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract.
Unless otherwise specified, payment shall be made upon acceptance of partial deliveries or any portion of the work delivered or rendered for which a price is separately stated in the contract.
(End of clause)
3.3.1-11 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1996)
Funds are not presently available for performance under this contract beyond September 30, 2017. The FAA's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the FAA for any payment may arise for performance under this contract beyond September 30, 2017, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
(a) Definitions. As used in this clause
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database.
"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number
(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and ZIP Code.
(iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.
(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:
(A) change the name in the SAM database;
(B) comply with the requirements of AMS regarding novation and change-of-name agreements; and
(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.
(End of Clause)
3.3.1-37 LIMITATION ON GOVERNMENT'S OBLIGATION (OCT 2011)
(a) Of the total price of contract line item number(s) (CLINs) [CO to insert data], $[CO to insert data] is presently available for payment and allocated to these CLINs.
(b) The Contractor agrees to perform on these CLINs up to the point at which, in the event of termination of this contract pursuant to the applicable "Termination for Convenience of the Government" clause, the total amount payable by the Government (including amounts payable in respect of subcontracts and settlement costs,) pursuant to paragraph (c) below, would in the exercise of reasonable judgment by the Contractor approximate the total amount currently allotted to the contract. The Contractor is not authorized to continue work on these CLINs beyond this point. The Government is not obligated to reimburse the Contractor in excess of the amount from time to time allotted to the contract, regardless of anything to the contrary in "Termination for Convenience of the Government."
(c) Funds presently allotted to this contract are estimated to cover the work to be performed until [CO to insert data].
If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until this date, or an agreed substitute date, the Contractor must notify the Contracting Office in writing when within the next 30 days the work will reach a point at which, in the event of termination of this contract pursuant to "Termination for Convenience of the Government," the total amount payable by the Government pursuant to paragraph (e) below, will approximate 85 percent of the total amount then allotted to the contract. The notice must state the estimated date when this point will be reached and the estimated amount of additional funds required to continue performance to the above or an agreed substitute date. The Contractor must, 30 days prior to the date above written or agreed substitute date, advise the Contracting Officer in writing as to the estimated amount of additional funds which will be required for the timely performance of the CLINs for a further period as may be specified in this clause or otherwise agreed to by the parties. If after this notification, additional funds are not allotted by the date above written or by an agreed substitute date, the Contracting Officer will, upon written request of the Contractor, terminate this contract on such date or the date set forth in the request, whichever is later, pursuant to "Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the CLINs, the parties will agree on the applicable period of contract performance that shall be covered by such funds. Paragraphs (b) and (c) above apply to the additional allotted funds and agreed substituted date and the contract will be modified accordingly.
(e) If the Contractor incurs additional costs, or is delayed in the performance of the work under this contract, solely by the reason of the failure of the Government to allot additional funds in amounts sufficient for the timely performance of this contract, and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the CLINs, in the time of delivery, or in both. Failure to agree to any such equitable adjustment hereunder shall be a dispute concerning a question of fact within the meaning of the "Contract Disputes" Clause.
(f) The Government may at any time prior to termination, and with the consent of the Contractor, after notice of termination, allot additional funds for this contract.
(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the applicable AMS "Default" clause. The provisions of this clause are limited to the work on and allotment of funds for the CLIN(s) in paragraph (a) above. This clause no longer applies upon the allotment of funds for the total price of the CLINs except for rights and obligations existing under this clause.
(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to "Termination for Convenience of the Government." In the event of a conflict between this clause and any other term or condition of this contract, this clause will take precedence.
3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2010)
(a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the North American Industry Classification System (NAICS) standards in this Screening Information Request (SIR) at the time of submission of offer.
(b) General.
(1) Information and/or offers are requested only from small business concerns. Information and/or offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this SIR will be made to a small business concern.
(c) Agreement. A manufacturer or regular dealer submitting information and/or an offer in its own name agrees to furnish, in performing the contract, only end items manufactured or;
produced by small business concerns in the United States or its outlying areas. However, this requirement does not apply in connection with construction or service contracts.
3.6.2-14 EMPLOYMENT REPORTS ON VETERANS (JAN 2011)
(a) Unless the contractor is a State or local government agency, the contractor must report at least annually, as required by the Secretary of Labor, on:
(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans,
(2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans;
and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.
(b) The above items must be reported by completing the form titled 'Federal Contractor Veterans' Employment Report VETS-100A.'
(c) Reports shall be submitted no later than September 30 of each year.
(d) The employment activity report required by paragraph (a)(2) of this clause must reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause.
Contractors may select an ending date: (1) As of the end of any pay period during the period January through March 1st of the year the report is due, or (2) as of December 31, if the contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).
(e) The count of veterans reported according to paragraph (a) of this clause must be based on data known to the contractor when completing the VETS-100A. .The Contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve the employer of liability for a determination under 38 U.S.C. 4212.
(f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.
3.6.2-41 EMPLOYMENT ELIGIBILITY VERIFICATION (SEP 2009)
(a) Definitions:
"Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the Employment Eligibility Verification clause. An employee is not considered to be directly performing work under a contract if the employee-
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.
"United States", as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.
(b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in Department of Homeland Security's Employment Eligibility Verification system ("E-Verify") at time of contract award, the Contractor shall--
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of--
(i) All new employees.
(A) Enrolled 90 calendar days or more.
The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 calendar days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of--
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E- Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official by the terminating agency.
(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the Contractor is suspended or debarred as a result of the MOU termination, the contractor is not eligible to participate in E-Verify during the period of its suspension or debarment. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.
(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee--
(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or
(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.
(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that is for Noncommercial services or construction with a value greater than $3,000 and includes work that is performed inside of the United States.
3.14-2 CONTRACTOR PERSONNEL SUITABILITY REQUIREMENTS (JUL 2016)
1. No contractor employee, subcontractor, or consultant will be granted unescorted access…
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