DTFAAC-17-R-00253 10-10-2017.pdf
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| Revised SOW SOLID WASTE TH 12-14-17.doc | DOC document | |
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| Wage Determination.txt | TXT text file | |
| Past Performance Survey.pdf | ||
| Amendment 0001 DTFAAC-17-R-00253 (002).002 | — | |
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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 66
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-17-03207
X
AAQ0811-AFN
AAQ-811 FAC. & AVIATION SAFETY ACQ
FAA AERONAUTICAL CENTER
PO BOX 25082
MPB ROOM 380
OKLAHOMA CITY OK 73125
1400 CT 11/13/2017
Kimberly D. Sites 405 Kimberly.Sites@faa.gov
954-7755
X
X
X
X
X
X
X
X
X
X
X
X
X
PAGE(S)
Cynthia L. Cooper
DTFAAC-17-R-00253
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 66
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
DTFAAC-17-R-00253
The Line Items listed on this SF30 (cover and continuation pages) are for Government use only.
Please reference Section B/Pricing of this instrument for the contract line items.
Delivery Location Code: A6973M4F
A6973M4F
6973M4 FAA AERO CENTER AMP 1
OFC OF FACILITY MGMT HDQS RM 316
6500 S MACARTHUR BLVD
OKLAHOMA CITY OK 731696901 US
Period of Performance: 01/01/2018 to 12/31/2022
0001 Solid Waste
30 Trash containers - 8 Cubic Yard Capacity
Daily Disposal Service
Monday, Wednesday, Friday
ISO9000: N Electronic & IT: 03
Delivery: 01/01/2018
0002 Solid Waste
6 Trash Containers - 8 Cubic Yard Capacity
Daily Disposal Service
Monday through Friday
ISO9000: N Electronic & IT: 03
Delivery: 01/01/2018
0003 Solid Waste
1 Trash Container - 6 Cubic Yard Capacity
Trailer Mounted with Ball Type Trailer Hitch
Daily Disposal Service
Monday, Wednesday, Friday
ISO9000: N Electronic & IT: 03
Delivery: 01/01/2018
0004 Solid Waste
2 Containers - 30 Cubic Yard Capacity
Waste Container, Open Top, Haul Away Industrial
Disposal Type
Once a Week
ISO9000: N Electronic & IT: 03
Delivery: 01/01/2018
0005 Solid Waste
30 Cubic Yard Capacity
Waste Container, Open Top, Haul Away Industrial
Continued ...
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 66
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
DTFAAC-17-R-00253
Disposal Type
Dispose as needed (Call-In)
ISO9000: N Electronic & IT: 03
Delivery: 05/16/2017
Section A - Solicitation/Contract Form
Clauses
Section B - Supplies or Services/Prices
Section B - Schedule
See Section J, Attachment 1 for the Section B Contract Line Items/Pricing applicable to this instrument.
Clause List
The remainder of this page has been intentionally left blank.
Section C - Description/Specifications
Scope of Work
Performance Work Statement
The contractor shall perform the requirements listed in the Statementof Work (Section J - Attachment 2) in accordance with all terms, conditions, and provisions set forth herein.
Clause List
AC1313 RESIDUAL CONTRACTOR INVENTORY (JAN 1997)
If there are parts, material or supplies which are obtained by the contractor but are not furnished, installed, or consumed in the performance of this contract, such items shall not be paid for by the Government. Such parts shall be kept separate from any Government-furnished property, at all times, and shall remain the property of the contractor.
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
E.1 INSPECTION AND ACCEPTANCE AT DESTINATION
A Contracting Officer’s Representative (COR) will be designated for the specific purpose of exercising general surveillance over the contract operation including contractor performance.
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)
3.10.4-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1996)
3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR 1996)
3.10.4-16 RESPONSIBILITY FOR SUPPLIES (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
Section F - Deliveries or Performance
Clause List
F.1 TRANSITION PERIOD AND PERIOD OF PERFORMANCE
This contract includes a 30-day transition period that will be scheduled at contract award, followed by the base year performance period. The base year is followed by four 1-year option periods to be exercised at the sole discretion of the Government.
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)
3.11-34 F.O.B. DESTINATION (APR 1999)
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.
AC1604 CONTRACT PERIOD (JUN 2015)
The effective period of this contract is 1 year from date of award. Four (4) separate one-year option periods may be exercised at the discretion of the government..
Section G - Contract Administration Data
Clause List
G.1 POST-AWARD CONFERENCE
As soon as practicable after the award of a contract, a date will be established for a post-award conference between representatives of the Government and the contractor. The conference will be held at the Mike Monroney Aeronautical Center located in Oklahoma City, Oklahoma.
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 kimberly.sites@fa.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 travis.hildebrand@faa.gov or:
FAA, Mike Monroney Aeronautical Center
Travis Hildebrand AMP-300
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.
AC4550 DELIVERIES TO THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (JUL 2015)
(a) Security procedures at the MMAC require that all mail, materials, packages or parcels of any kind be delivered to a central screening point, for inspection by the FAA. This affects mail and other deliveries destined for all organizations located on MMAC property, including government organizations, contractors and permit holders.
After passing security inspection, the mail or material may be handled and delivered by the FAA. FAA will make every reasonable effort to conduct inspections and handle items in a careful manner so as to avoid damage or delay.
(b) This inspection is for the benefit of the FAA only. The FAA makes no representation that any material passing inspection is without hazard, poses no threat, or that it conforms in form, fit, function or quantity to the expectations of the intended recipient.
(c) The FAA shall not be liable for any 1) loss, damage or shortage of any mail or materials, 2) injury, or 3) delay in performance resulting from such inspection and handling, unless liable under the Federal Tort Claims Act (28 U.S.C. 2671-2680).
(d) Any item destined for the contractor that fails to pass inspection remains the property of the contractor, who is responsible for its disposition and coordination with law enforcement agencies as necessary.
Section H - Special Contract Requirements
Clause List
H.1 TRANSITION AND PHASE-IN REQUIREMENTS
(a) Transition:
(1) Immediately prior to commencement of performance for the contract base year, a 30-day period will be allowed for the transition from one contractor to another to be accomplished in a well-planned, orderly, and efficient manner, which is critical. This transition period will be the time for initial orientation for contract administration and will provide a time for detailed operational orientation for contract supervisory personnel. It will generally be a time of preparation for the phase-in operations.
(2) The government will provide a transition team, which will be used to provide technical and administrative orientation to contractor personnel, familiarize the contractor with required services, and provide other guidance and assistance as mutually determined necessary by the Government and the contractor.
(b) Phase-In:
(1) The phase-in period is the 30 days immediately following transition; the time between commencement of services and total performance of all requirements. The contractor is responsible for the phase-in of their personnel and the assumption of ongoing tasks during the phase-in period.
2) The Government's transition team will remain available to answer technical and administrative questions through the phase-in period. After this period, the contractor shall report and/or coordinate efforts in accordance with the 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)
3.1.9-1 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)
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:
[ ] Project Manager
(List key personnel and/or facilities)
(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.
AC1051 CONTRACT SHUTDOWN PROCEDURES PENDING APPROPRIATIONS FOR NEW FISCAL
YEAR (JAN 1997)
(a) In the event no continuing resolution or permanent appropriation is in place at the outset of the new fiscal year (FY), contractor employees are expected to report for their assigned duties the first workday of that new FY. Absent an appropriation, contract services that are determined by the Government to be non-essential will be shutdown as soon as practical. To implement the shutdown, the Contracting Officer may require the contractor to stop all, or any part, of the work called for under the contract pursuant to AMS clause 3.10.1-9, Stop-Work Order. (b) This clause does not limit the Government's rights provided by AMS 3.10.6-4, Default, or AMS 3.10.6-1, Termination for Convenience of the Government, clause of the contract.
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
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)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)
3.2.2.3-29 INTEGRITY OF UNIT PRICES (JUL 2004)
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)
3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (APR 1996)
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)
3.3.1-7 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)
3.4.1-10 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)
3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED, AND
SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS CONCERNS (MAR 2009)
3.6.1-7 LIMITATIONS ON SUBCONTRACTING (APR 2016)
3.6.1-11 MENTOR-PROTEGE REQUIREMENTS AND EVALUATION (APR 2016)
3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (OCT 2016)
3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATION
(JAN 2012)
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)
3.6.2-28 SERVICE CONTRACT ACT OF 1965, AS AMENDED (APR 2017)
3.6.2-30 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT
(MULTIPLE YEAR AND OPTION CONTRACTS) (OCT 2014)
3.6.2-31 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT-PRICE ADJUSTMENT
(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)
3.6.3-7 WASTE MANAGEMENT AND POLLUTION PREVENTION (APR 2017)
3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER
SERVICE AND CONSTRUCTION CONTRACTS (OCT 2016)
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)
3.8.2-11 CONTINUITY OF SERVICES (OCT 2008)
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)
3.10.3-1 DEFINITIONS (APR 2012)
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)
3.17-3 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND
REINVESTMENT ACT (JUL 2010)
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)
3.2.1.5-4 CONTINUITY OF SERVICES - MISSION CRITICAL CONTRACTS (JAN 2008)
(a) The contractor recognizes that the supplies and/or services under this contract are critical to FAA and must be continued without interruption during times of National Emergency or Incidents of National Significance. Supplies and/or services to be continued without interruption are:
Solid Waste
(b) National Emergencies or Incidents of National Significance include:
(1) Outbreak of pandemic influenza or infectious disease;
(2) Terrorist attack; and
(3) Natural disaster.
(c) Because the supplies and/or services under this SIR or contract are deemed critical by FAA, the contractor must make every reasonable effort to deliver these supplies and/or services per the contract requirements during times of National Emergency or Incidents of National Significance; however, the presence of this clause does not affect or diminish the Contractor's rights under Default or Termination clauses incorporated into this SIR or contract.
(d) Within 30 days after award, the contractor must submit a Continuity of Contract Performance Plan to the Contracting Officer (CO) for review and acceptance. This plan describes the processes and tools that the contractor will commit to ensure supplies and/or services are delivered as required during times of National Emergency or Incidents of National Significance. This plan must include the following sections:
(1) Plans and Procedures: Detail the plans and procedures in place that will provide for continued contract performance for supplies and/or services during times of National Emergencies or Incidents of National Significance;
(2) Essential Functions: Record functions that are essential to the continuation of mission critical contract performance;
(3) Delegations of Authority, Planned Order of Succession, and Cross-Training: Procedures in place to ensure personnel are available to make key decisions and perform critical services when primary personnel are unavailable;
(4) Alternate Operating Facilities: When the primary facility is unavailable, detail plans to make available other facilities unaffected by the National Emergency or Incident of National Significance. If contract performance allows, this may include alternatives such as telecommute;
(5) Interoperable and Effective Communications: Identify alternate communication systems if primary systems are unavailable;
(6) Critical Records or Data: Identify plans in place to ensure critical records and data are still available to ensure the integrity of contract performance;
(7) Protection of Human Capital: Identify comprehensive plans to protect the overall health and welfare of the workforce in times of National Emergency or Incidents of National Significance;
(8) Testing and Training of the Plan: Detail comprehensive testing and training of the plan to improve the execution of contract performance in times of National Emergency or Incidents of National Significance;
(9) Devolution of Control and Direction: Identify plans and the ability to transfer authority and responsibility of essential functions from the primary location to other sites and employees; and
(10) Reconstitution and Resuming Normal Operations: Identify procedures and processes to expedite the return of contract performance and operations to their normal state.
(e) The Continuity of Contract Performance Plan must be made available by the contractor to all authorized contractor personnel with a "need-to-know" for review and use during the term of the contract.
(f) The Continuity of Contract Performance Plan must be updated as needed.
(End of Clause)
3.2.2.3-39 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR OTHER INFORMATION
-MODIFICATIONS (JUL 2010)
(a) When there are price adjustments in the contract, the Contractor (you, your) must submit the following:
(1) A certificate of current cost or pricing data (CCCPD) described in paragraph (e), or
(2) For non-certified current cost or pricing data (CPD), a request for an exception to CCCPD. You must request this exception from the CO in writing with the following types of information or data that would establish the reasonableness of the prices you offer:
(i) Information on an exception you received on earlier or repetitive acquisitions;
(ii) Catalog price information including:
(A) A dated catalog with the prices;
(B) The applicable catalog pages; or
(C) A statement that the catalog is on file in the contracts office that will issue this contract modification;
(iii) Information on the current discount policies and price lists (published or unpublished), for example wholesale, original equipment manufacturer, and reseller;
(iv) Evidence of substantial sales to the general public for catalog items that exceed [Contracting Officer (CO) to insert extended value - not unit price]. Your evidence may consist of verifiable records such as a sales order, contract, shipment, invoice, actual recorded sales; or sales by your affiliates, other manufacturers or vendors when your price proposal is based on sales of essentially the same commercial item. You must also explain the relationship of the offered price to the (1) established catalog price, or (2) the price of recent and substantial sales of similar quantities of the items that were sold to the general public at prices that differ from catalog or list prices;
(v) The basis for the market price including:
(A) The source, date or period of the market quotation;
(B) Any other basis for the market price, the base amount, and applicable discounts;
(C). The nature of the market for the supply or service you are offering (should be the same as or similar to the market price supply or service); or
(D) Data supporting substantial sales to the general public.
(vi) Laws or regulations that establish your offered prices. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of a controlling document that you did not previously submit to the contracting office;
(vii) Information on modifications of contracts or subcontracts for commercial items that relate to the offered price, as follows:
(A) If you received an exception based on adequate price competition, catalog or market prices of commercial items, or prices set by law or regulation under the original contract or subcontract, and this modification is not covered by these exceptions, you must provide information to establish that the modification would not change the contract or subcontract from one for a commercial item to one for a non-commercial item;
(B) For commercial items, you may provide information on selling prices of the same item or similar items in the commercial market; and
(viii) Any other information the CO requests to support your request for an exception or to conclude that your price is fair and reasonable.
(b) You give the CO the right to examine books, records, documents, or other directly pertinent records to verify your request for an exception under this clause or the reasonableness of price at any time before award.
(c) The CO will not require you to provide access to cost or price information or other data that apply to prices offered in the catalog or marketplace.
(d) Submitting information to qualify for an exception does not mean that this is the only exception that may apply.
(e) You must submit under paragraph (a):
CERTIFICATE OF CURRENT COST OR PRICING DATA
I certify that, to the best of my knowledge and belief, the cost or pricing data we submit, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative to support [*] are accurate, complete, and current as of [**]. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the us and the Government that are part of the proposal.
(Contractor insert the following information.)
Firm: _____________________________________________
Signature: ______________________________________
Name: ______________________________________
Title: ___________________________________
Date of execution: _____________________________________
*Contractor identify the proposal, request for price adjustment, or other…
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