DTFACT-16-R-00001 (SIR) Amendment 3.SIR

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXT.

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

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

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. 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 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 set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) 41 U.S.C. 3304 (a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

OMB Control No. 2120-0595

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

(SF-33) FAA Template No. 2 (12/08)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 74

CT-17-00001-A3

DOT/FAA William J. Hughes Technical Center AAQ-630, Atlantic City International Airport, NJ 08405

DTFACT-16-R-000001-0003

See Section L See Section L for details

Nancy Delaney nancy.delaney@faa.gov

17 66

609 485 5973

DTFACT-16-R-00001-0003

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PART I - SECTION B

SUPPLIES/SERVICES & PRICE/COST

B.1 IDENTIFICATION OF SUPPLIES/SERVICES

This procurement is for support services to satisfy the Terminal and Technical Operations Second Level Maintenance Support (TnT) requirements consisting of management, engineering, specific custom hardware and software/firmware design, production, installation and integration, testing, reporting and documentation in accordance with the Statement of Work provided in Part I - Section C. Performance will take place onsite at the Federal Aviation Administration (FAA), William J. Hughes Technical Center (WJHTC) in Atlantic City International Airport, NJ, and/or at the contractor’s offsite location as specified by individual delivery/task order(s).

The North American Industry Classification System (NAICS) code is 541519 (Other Computer Related Services) and the size standard is $27.5 million.

This procurement will be a Small Economic Disadvantaged Business 8(a) Set-Aside Competition utilizing Best Value Trade-Off procedures. The FAA will award a Time and Material (T&M), Indefinite Delivery, Indefinite Quantity (IDIQ) contract with a period of performance not to exceed eighty-four (84) months (7 years). The resultant contract will have a one-year base ordering period with six (6) one-year ordering periods. The contractor must provide the services necessary to accomplish the tasks described in Part I – Section C of this contract as authorized by the Contracting Officer (CO) through the issuance of delivery/task order(s). The CO is the only person authorized to issue orders under this IDIQ contract.

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

B.2 MINIMUM ORDERING OBLIGATION AND MAXIMUM CEILING

The minimum ordering obligation under this contract is $100,000.00 and this amount will be obligated on Delivery/Task Order No. 0001. The Government has no obligation to order additional services or issue additional orders to the Contractor beyond the minimum ordering obligation specified.

The total estimated maximum/not-to-exceed (NTE) contract ceiling amount is To Be Determined (TBD) and will be determined based on the total value of all hours (3,481,148 maximum total hours) and estimated travel and other direct costs (ODC) ceiling values identified in the pricing spreadsheet in Section J (Attachment J-2). Orders are anticipated to be placed on a yearly basis and incrementally funded in accordance with contract clause AMS 3.3.1-39. The aggregate value of all orders placed against this task order will not exceed the total maximum NTE contract ceiling amount. This effort will be funded as hours are ordered. The initial obligation is $100,000.00 (details for how funding is applied to labor hours and/or travel costs will be outlined at time of award in the individual order). Regardless of the estimated period of performance, the contractor shall only continue work until the obligated amount of funds are depleted and the contractor is required to notify the Contracting Officer when 75% of the obligated funds are depleted in accordance with contract clause AMS 3.3.1-39.

B.3 TIME AND MATERIALS (T&M) CLINS

The contractor must propose fully burdened onsite and offsite labor hour rates as identified in the pricing spreadsheet contained in Part III - Section J, Attachment J-2.

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Onsite Rates: Effort performed at the FAA William J. Hughes Technical Center or other FAA or government facility. One composite fully burdened labor rate will represent effort performed by either the prime contractor or subcontractor.

Offsite Rates: Effort performed at the contractor’s facility. One composite fully burdened labor rate will represent effort performed offsite by either the prime contractor or subcontractor.

The awarded pricing spreadsheet will be contained in Section J (Attachment 2) and will be used for contract/delivery order pricing and billing purposes. From the effective date of the contract award, it is anticipated that a transition period (not to exceed 60 days) will occur. The transition period will not be separately priced and shall be included in the base period services.

A fully burdened rate is defined as the direct hourly labor rate that includes wages, overhead, general and administrative expenses, profit, fringe benefits, and direct tax/labor/payroll burden. The rate will also reflect expenses for contract management, including the preparation of invoices, price and technical proposals, contract status reports, etc., but will exclude travel and other direct costs (ODCs) (as described in Section G). Additionally, if the fully burden Offsite rate will include all costs/expenses associated with providing adequate contractor owned/leased facilities at various locations to include, but not limited to those identified in Section G.6. These rates, which will represent the rates that the Government will accept during the life of this contract, will be used on all orders issued under this contract.

a. In performance of the effort ordered under the T&M CLINs of this contract, the Contractor shall provide the total number of personnel based on the ordered amount of T&M labor hours as specified in the individual order for the associated contract period. Work under these CLINs will be performed for all SOW sections in accordance with Section C. For purposes of this provision, labor hours are defined as actual work hours exclusive of vacation, holidays, sick leave and any other absences.

b. Only those labor categories indicated in Attachment J-5 shall be charged to this contract. The functional descriptions and education and experience requirements for these labor categories are provided in Section J, Attachment J-5 Labor Category/Skill level descriptions. It is estimated that the identified maximum amount of T&M labor hours, per year, in Attachment J-2 may be necessary to accomplish the requirements of the Statement of Work. FAA reserves the right to increase or decrease the T&M hours for any contract year depending on requirements. Changes to the number of hours will be made in accordance with Section I clause 3.10.1-14 (Changes -Time and Materials or Labor Hours).

c. The success of this contract is heavily dependent on the use of office automation technology to allow collaborative work and the rapid dissemination of information among task participants. On this basis, the Contractor must consider the cost of an automated office as part of its fully burdened offsite rate.

This must include the following:

• Adequate contractor-owned/leased workstations at the contractor’s facility to support the contractor’s site staff. Workstations shall be capable, at a minimum, of running the most current Microsoft Office Suite being used by the FAA. Given the potential seven (7) year life of this contract, the need for technology refresh is anticipated.

• Maintain an in-house local area network (LAN) capable of providing requisite levels of file sharing and e-mail for their employees. Maintenance of the offsite LAN shall also be considered as part of the fully burdened rate. Telephone service, including PBX’s, voice over IP (VOIP), facsimile, local calls, long distance calls, cellular and satellite based cellular communications.

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• The contractor shall maintain, at its own facilities, 24 by 7 hour access to the Internet via an Internet Service Provider at a minimum rate of 3.1 Mbps. Dial up access to the FAA William J.

Hughes Technical Center network will not be provided. Contractor will maintain and use its’ own corporate domain for company business.

• The contractor shall be responsible for adhering to the best practices in maintaining information technology security and data integrity. If required, Virtual Private Network (VPN) appliances, located in the contractor offices.

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PART I - SECTION C

DESCRIPTION/SPECS/WORK STATEMENT

The TnT Statement of Work is provided in Part III – Section J, as Attachment J-1.

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Part I - SECTION D

PACKAGING AND MARKING

D.1 Content of Deliverables

Technical reports/plans shall be delivered in the form of Microsoft Word files and be electronically delivered by e-mail. The contractor is to provide separated digital images of any photos, figures, or drawings used in the reports if the images are too large to be contained in the original Word files.

Technical presentation shall be in accordance with Best Commercial Practices.

D.2 Packaging

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

D.3 Marking

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

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PART I - SECTION E

INSPECTION AND ACCEPTANCE

E.1 3.1-1 Clauses and Provisions Incorporated by reference (July 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.

3.10.4-5 Inspection - Time-and-Material and Labor-Hour (April 1996) 3.10.4-16 Responsibility of Supplies (April 1996)

E.2 INSPECTION AND ACCEPTANCE

(a) The Contracting Officer (CO) or the Contracting Officer’s Representative (COR), listed in

Section G.1, as the CO’s duly authorized representative, is authorized to perform inspection on behalf of the Government for the purpose of acceptance of all services to be provided.

(b) Inspection, review or the anticipation of acceptance/approval of a contract item in the course of its preparation shall not be construed as assurance of acceptance of the finished product.

http://conwrite.faa.gov/

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PART I - SECTION F

DELIVERIES OR PERFORMANCE

F.1 3.1-1 Clauses and Provisions Incorporated by reference (July 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.

3.10.1-9 Stop-Work Order (October 1996) 3.10.1-24 Notice of Delay (March 2009) 3.11-34 F.O.B. Destination (April 1999)

F.2 3.8.2-22 Substitution or Addition Of Personnel (October 2006)

(1) The Contractor must assign only those individuals whose resumes, personnel data, or personnel qualification statements have been submitted and determined by the Contracting Officer to meet the minimum requirements of the contract. The Contractor must not substitute or add personnel except in accordance with this clause.

(2) Substitution of Personnel.

(a) For the first 180 days of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.

(b) If an individual becomes, for whatever reason, unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or is expected to devote substantially less effort to the planned work, the Contractor must propose a substitute personnel as required by paragraph (4) below.

(3) Addition of Personnel. If an FAA requirement will increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract, then the Contractor must notify the Contracting Officer to add personnel to the designated labor category. The Contractor must request added personnel as required by paragraph (4) below.

(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least 14 days (if a security clearance must be obtained, at least 30 days) before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer. Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel.

(5) The Contracting Officer may terminate the contract if the Contractor has not made suitable, timely, and reasonably forthcoming replacement of personnel who have been reassigned or terminated or

Page | 9 otherwise become unavailable to work under the contract or the resulting loss of productive effort would impair the successful completion of the contract. Alternatively, if the Contracting Officer finds the Contractor to be at fault for the condition, then the Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor's action.

(End of clause)

F.3 CONTRACT PERFORMANCE PERIOD

The total period of performance will not exceed eighty-four (84) months (7 years) from contract effective date.

F.4 Place of Performance

The Contractor must perform the work activities described in this SOW either onsite and/or offsite at the FAA WJHTC, including but not limited to onsite and offsite locations identified in Section G.6, as required. Some tasks may require the Contractor to travel to one or more locations, to be determined, in support of the work effort. See “Travel” in Part I - Section G.

F.5 Telework

Telework will only be authorized when a specific task order authorizes. If telework is utilized, the contactor’s onsite fully burdened labor rate will be used for the labor category/skill level required.

F.6 Place of Delivery

All deliverables and reports specified in the Statement of Work and Schedule shall be submitted under transmittal letter to the attention of the cognizant Contracting Officer’s Representative (COR) at the following address:

DOT/FAA William J. Hughes Technical Center Attn: TBD Bldg 300, 4th Floor Atlantic City International Airport, NJ 08405

Or via electronic mail at: TBD

A copy of each transmittal letter shall also be delivered to the Contracting Officer at the following address:

DOT/FAA William J. Hughes Technical Center

Attn: TBD Bldg 300, 4th Floor

Atlantic City International Airport, N. J. 08405

Or via electronic mail at: TBD mailto:cyndi.flournoy@faa.gov

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F.7 DELIVERY/TASK ORDERS (DO/TOs)

a. No DO/TO will exceed a (1) one year period of performance.

b. The period of performance, and deliverables, will be specified in each DO/TO.

c. All DO/TOs will be issued by an authorized Contracting Officer. Reference AMS 3.2.4-16, Ordering.

Any effort undertaken by the contractor pursuant to oral directions by any individual other than the Contracting Officer will be at the contractor’s risk and expense.

d. Hours estimated in a DO/TO are based upon the contractor working a 40-hour workweek. The Government considers hours in excess of 40 hours per week to be “additional” hours. “Additional” hours, unless specified in the DO/TO or approved in writing in advance by the COR, are not anticipated in DO/TO performance. If the contractor works in excess of 40 hours per week without such approval, they do so at their own risk.

e. Delivery of services, written documents, etc. (including required formats and delivery locations) will be in accordance with the DO/TO requirements.

f. For all DO/TOs, the Contractor must send correspondence regarding schedule changes or problems with performance to the CO.

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PART I - SECTION G

CONTRACT ADMINISTRATION DATA

G.1 3.1-1 Clauses and Provisions Incorporated by Reference (July 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

(End of clause)

3.10.1-22 CONTRACTING OFFICER’S REPRESENTATIVE (April 2012)

G.2 DESIGNATION OF CONTRACTING OFFICER

The FAA Contracting Officer's name and address assigned to this contract are as follows:

FAA William J. Hughes Technical Center

Laboratory Support Branch – AAQ-630 Attn: TBD Atlantic City International Airport, NJ 08405

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

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

All requests for interpretation shall be made in writing to the Contracting Officer. The contractor shall submit request for modification of the contract to the Contracting Officer with a copy of the request to any appointed Contracting Officer’s Representative.

Contracting problems, of any nature, that may arise during the life of the contract must be handled in conformance with the FAA Acquisition Management System regulations. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer’s representative and the Contractor shall bring all such unresolved contractual problems to the immediate attention of the Contracting Officer.

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G.3 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATION (COR)

Work to be performed under this contract shall be subject to the technical direction of the FAA COR listed below (COR will be delegated and all information will be filled in at time of award):

Attn: To be determined (TBD) Routing Symbol/Mail Stop:

Phone:

E-mail:

G.4 RESPONSIBILITY FOR CONTRACT ADMINISTRATION

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

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

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

The COR/ALT COR cannot authorize or order cessation of work or delete, change, or waive any of the technical requirements or other terms and conditions of the DO/TO. Should the contractor desire a change (monetary or otherwise) to the DO/TO, a written request to the CO for consideration must be submitted.

If appropriate, the change will be incorporated by a contract modification/revision.

Whenever a difference of opinion between the contract and the COR/ALT COR occurs, the contractor shall notify the CO immediately.

G.5 Productive Labor Hours

The Government will only pay for productive, direct labor hours, i.e. those hours authorized by the Contracting Officer and applicable task order(s), in performing work under this contract. This does not include sick leave, holiday, vacations, jury duty, military leave, administrative leave, etc.

G.6 Onsite and Offsite Locations

The vast majority of the support services to be accomplished under this contract will be performed onsite at the FAA William J. Hughes Technical Center (WJHTC), offsite at the contractor’s facility (the offsite facility must be within a 15 mile radius of the FAA WJHTC), and at other locations as required by the FAA. The Government will provide limited office space and furnishings on an “as available” basis at the onsite Government facilities. The Government will also provide on an “as-available” basis local telephone services for onsite support at the Government facilities. If space is not available at the

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Government facility, the Government will require the contractor to provide offsite support.

For informational purposes, incidental support services may be required to be provided at other locations.

Those locations and the number of employees may include, but not limited to, the following:

• New York (Westbury) @ FAA Center – (Government onsite location) – 1 FTE

• Boston (Nashua) @ FAA Center – (Government onsite location) 4 FTEs

• Atlanta (Peachtree City @ FAA Center – (Government onsite location) 4 FTEs

• Denver @ FAA Center – (Government onsite location) 4 FTEs

• Houston @ FAA Center – (Government onsite location) 3 FTEs

• Dallas @ FAA Center – (Government onsite location) 4 FTEs

• Chicago @ FAA Center – (Government onsite location) 1 FTEs

• San Diego @ FAA Center – (Government onsite location) 7 FTEs

• Melbourne, Florida – 5 FTE (Contractor Facility *Must be reasonably close (not to exceed a

15 mile radius) to the Harris Corporate Headquarters located at 1025 W NASA Boulevard, Melbourne, FL 32919).

Regardless of the location in the United States, if work is performed at a FAA/Government facility, the onsite fully burdened rate on the J-2 Pricing Spreadsheet located in Section J will be used. If the work is performed at a contractor facility, the offsite fully burdened rate on the J-2 Pricing Spreadsheet located in Section J will be used.

If telework is utilized, the contactor’s onsite fully burdened rate on the Pricing Spreadsheet located in Section J will be used.

G.7 INVOICE PROCEDURES

Itemized invoice(s) must be submitted under this contract.

The Contractor may submit an electronic copy of the Standard Form 1034, scanned with signature, and the regular invoice via email in lieu of the instructions in (a). An electronic copy must include all items below, and be sent to the FAA Accounting Department via email to TBD with an electronic courtesy copy to the CO and COR.

Contractor’s invoices must include the following items:

1. Name and address of the Contractor.

2. Invoice date and number

3. Contract number

4. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

5. Name, title, phone number, and mailing address of person to be notified in event of a defective invoice.

The invoice should reflect all the expenditures to date for the entire contract (Cumulative Expense), and the funds remaining with the regard to funding allocations and budgets. When providing the total breakdown of hours for each labor category, names of individuals (and their hours) working under such labor category must also be provided.

mailto:janis.ctr.berryman@faa.gov

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The Contractor must provide to the CO, COR, ACOR, and Delivery Order Contracting Officers Representative (DOCOR(s) a monthly detailed breakdown of funds expended during the reporting period, including a breakdown per Delivery Order and/or CLIN per Contractor format Work Breakdown Structure (WBS) of the labor hours utilized by the contractor and any subcontractor, associated labor costs, material costs, and other direct costs incurred. A sample WBS can be provided by the FAA at the Post Award Meeting for guidance purposes.

G.8 TRAVEL

Travel may be required for the purpose of the contactor’s efforts under the contract. Travel dates, times, and locations must be coordinated with and pre-approved by the designated FAA COR. Travel will be reimbursed on a cost plus general and administrative expense (no fee) basis.

a. Travel: The Contractor shall ensure that:

(1) All travel, whether it is within the continental United States or outside the continental United States, shall be accomplished by commercial carrier, privately-owned automobile or auto rental and the cost paid by the Contractor. The Government will reimburse the Contractor for travel on a cost plus general and administrative expense (no fee) basis, in accordance with the General Services Administration's (GSA) "Federal Travel Regulations (FTR)" for domestic transportation if by commercial or Government carrier, and at the going rate per mile, plus road and bridge tolls, when travel is performed by private automobile. Auto rental will be reimbursed at actual cost plus road and bridge tolls.

(2) The travel reimbursable herein includes only that travel (commercial carrier, or private automobile or auto rental) performed in accordance with the Statement of Work. Travel within a Government installation where Government transportation is available, and travel performed for personal convenience, including daily travel to and from work, will not be reimbursed.

(3) Relocation costs and travel costs incident to relocation are not allowable and will not be reimbursed.

b. Per Diem:

(1) The Contractor will be reimbursed for the expense of meals at the approved M&IE rate (receipts not required), lodging for actual expenses only but not to exceed the Maximum Lodging Amount rate (receipts required), transportation between places of lodging or business and places where meals are taken and any other miscellaneous travel and living expense incurred in the performance of this contract at the per diem rate as set forth in accordance with the FTR.

(2) Per Diem will be payable only when in an authorized travel status. The per diem rate will be established in accordance with the FTR.

G.9 TRAVEL APPROVAL

All travel within the scope of Section G.7 must be pre-approved by the CO or the COR. The travel authorization request must include:

a) Name(s) of the traveler;

b) Destination;

c) Duration of the trip;

d) Breakdown of the estimated cost of the trip;

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e) Brief description and reason for the trip;

f) Signature Block for FAA Functional Lead overseeing the travel; and

g) Signature Block for CO/COR approval

G.10 Other Direct Costs (ODCs)

This item includes materials, equipment, hardware, software, etc. The procurement of these cost-reimbursable, non-fee/profit bearing items shall only be incurred when a specific delivery order authorizes them AND prior written approval is received from the COR.

G.11 GENERAL & ADMINISTRATIVE HANDLING RATE

Travel and Other Direct Costs (ODC) shall be reimbursed on a cost plus general and administrative expense (no fee) basis. Attachment J-2 includes a separate and unique General and Administrative (G&A) Handling Rate for the contract period. The purpose of the G&A Rate is to allow the contractor to recoup the costs associated with managing Travel. The G&A Rate shall consist of a single percentage that the contractor may apply against all travel when invoicing the Government for services rendered under this contract. The G&A Rate shall be specified by percent to the nearest hundredth. The G&A Rate shall be the same whether the expense is incurred at the prime contractor or subcontractor level. No additional handling rate will be chargeable in such situations where the subcontractor incurs the travel expense (e.g., application of a handling rate on top of a handling rate against a travel expense is not allowable).

G. 12 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

(a) The Government provides notice and Contractor acknowledges receipt that Government personnel observe the listed days as holidays:

New Year's Day Martin Luther King's Birthday President's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas

(b) In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order

Any other day designated by the President's Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel must not otherwise be a reason for an additional period of performance. In the event the Contractor’s personnel work during the holiday, no form of holiday or premium compensation will be reimbursed, other than their normal compensation for the time worked.

(d) When the Federal, State, Local and other Government entities grant excused absence to its employees, assigned Contractor personnel may also be dismissed; however, they will not be directly reimbursed for the excused absence.

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(e) Information about WJHTC delayed openings or closings may be obtained by calling (609) 485-6100.

G.13 PLACEMENT OF DELIVERY ORDERS

a. The contractor shall perform DO/TOs under this contract only when they are issued and signed by the Contracting Officer. DO/TOs will be issued on FAA’s Award for Supplies or Services form and provide the funding for the contract work effort. All DO/TOs will:

1. Include a more detailed SOW describing the required work;

2. Specify the estimated labor categories and hours required under the Order as well as associated obligated funding;

3. Specify a delivery schedule for any services required under the Order;

4. Specify the estimated travel and/or materials authorized for the DO/TO as well as associated obligated funding;

5. Include any other relevant information; and

6. All orders must be signed by the FAA Contracting Officer and dated.

The contractor shall not accept DO/TOs whether verbal or written from any source other than an authorized Contracting Officer.

G.14 DELIVERY ORDER CLOSEOUT

It is the intention of the FAA to perform closeout procedures on an individual DO/TO basis. The Contractor agrees to perform those internal functions necessary to support this process in a timely manner. DO/TO closeout will occur as soon as possible.

G.15 Government Furnished Items and Reports

All Government furnished items will be identified in the appropriate DO/TO. If any given DO/TO issued under this contract requires work to be performed on the Government's site, the Government will provide office workspace, office automation equipment and furniture for Contractor personnel.

The Contractor shall prepare report all Government property in its possession and the possession of its subcontractors. The report shall be submitted to the Contracting Officer on Form DOT F 4220.43, Contractor Report of Government Property.

The contractor shall immediately notify the COR/Task Lead and CO when property is missing.

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PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 3.1.9-1 Electronic Commerce and Signature (July 2013)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

(1) Contracts written on paper and contracts in electronic form;

(2) Pen-and-ink signatures and electronic signatures; and

(3) Other legally-required written records and the same information in electronic form.

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.

(c) Certain documents may need to be provided or maintained in original form, such as large scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract. Contractors may use the following means of electronic signature technology; PIN numbers, passwords, digital signatures, smart cards, and other technology if approved by CO.

H.2 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:

Labor Category Key Personnel Names Program Manager/Level I TBD

H.3 3.13-15 Confidentiality of Data and Information (October 2011)

(a) The contractor and any of its subcontractors, in performance of this contract, may need access to and use of various types of data and information in the possession of the Government, which the Government obtained under conditions which restrict its right to use and disclose data and information or which may be of a nature that its dissemination or use, other than in the performance of this contract, would be adverse to the interests of the Government or other parties. Therefore, the contractor and its

Page | 18 subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless the Government has made data and information available to the public; and (2) use for any purpose other than the performance of this contract any data which bears a restrictive marking or legend. For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form. Data processed in such a way that it can increase the knowledge of the person who receives it. Information is the output, or finished goods, of information systems.

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

(c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information, as required above, to the end that they will be disciplined if the necessity to refrain from divulging either the proprietary data of other companies or data that are obtained from the Government to anyone except as authorized. The contractor must obtain from each employee engaged in any effort connected with this contract an agreement, in writing, which must in substance provide that such employee will not, during his/her employment by the contractor or anytime thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual any trade secrets, confidential information, or proprietary/restricted data (to include Government "For Official Use Only") received in connection with the work under this contract.

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

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

(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company.

The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed.

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

H.4 ORDERING PROCEDURES

(a) All delivery and task orders will be issued by an authorized Contracting Officer. All FAA orders will only be processed by the FAA William J. Hughes Technical Center and reference AMS 3.2.4-16 "Ordering." Any orders issued by any individual other than the appropriate Contracting Officer will have no effect. The Contractor must not accept orders under this contract from any organization other than the FAA William J. Hughes Technical Center.

(b) Delivery of services, written documents, etc. (including required formats and delivery locations) will be in accordance with the delivery or task order requirements.

(c) For all orders, the Contractor must send correspondence regarding schedule changes or problems with performance to the CO.

H.5 ACCESS TO GOVERNMENT PROPERTY AND FACILITIES

(a) As part of the effort required under this contract, access to Federal Aviation Administration facilities may be necessary. Contractor personnel must be granted ingress and egress to such facilities for performance of the Contract, during normal working hours, after first coordinating access through the FAA COR or Contracting Officer.

(b) While Contractor personnel are at the Government site, they are required to comply with all rules and regulations in effect at that site and must have a contractor identification badge displayed at all times.

Contractor personnel must comply with all rules and regulations governing employee conduct with respect to health and safety, not only as they relate to themselves but also to other Government employees or agents of the Government. The Contractor must also exercise proper care of all property at the Government site regardless of whether title to such rests with the Government or not.

(c) The facilities to which Contractor personnel must have access will remain in the Government's custody and must not be considered as property or facilities furnished to the Contractor.

(d) The Government facilities to which Contractor personnel must have access under this Contract must be made available during the entire Contract performance period. In the event such facilities are not made available as scheduled, the Contracting Officer will, upon timely receipt of written request from the Contractor, make a determination of the delay, if any, caused by the unavailability and make an equitable adjustment to the delivery schedule and costs (exclusive of profit pursuant to the Changes clause).

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H.6 Use of Government Vehicles

The contractor is authorized use of government vehicles in performance of this contract. This authorization includes operations on the Airport Operations Area (AOA) (Non-Movement area only) subject to airport guidance, training, operations, and approval requirements. In addition, the following conditions must be met by contractor personnel driving a vehicle under this contract:

a. Maintain a valid state issued driver’s license,

b. Complete “Using Government Vehicles” training,

c. Obey all traffic regulations,

d. Use the vehicle for official use only,

e. Park or store the vehicle in such a way that protects if from theft or damage, and

f. Provide driver’s license information annually when requested.

H.7 SUBCONTRACTS

Prior to the placement of subcontracts and in accordance with Section I Subcontracts clauses, the Contractor shall insure that:

(a) Advanced notification for consent to subcontract, along with the need for the selected subcontract, shall be submitted in writing to the Contracting Officer for approval.

(b) They contain all of the clauses of this contract (altered when necessary for proper identification of the contracting parties) which contain a requirement for such inclusion in applicable subcontracts.

(c) Any applicable subcontractor's "Representations and Certifications" (see Section K) are current.

The prime Contractor shall be responsible for making flow down payments due to subcontractors in a manner consistent with Government payment to the prime or earlier. The intent of this clause is to assure that payments are made to subcontractors in a timely manner. No contractor should infer that payments to subcontractors are predicated on payments to the prime.

H.8 Employee Termination

(a) Contractor Personnel: The Contractor shall notify the CO immediately whenever an employee performing work under this contract terminates employment. The Contractor will be responsible for returning, or ensuring that the employee returns all DOT-issued contractor/employee identification and all other DOT property.

(b) Government Personnel: If Government personnel obtain an identification card from the Contractor, these should be returned upon completion of assignment or departure from the FAA, whichever comes first. The FAA will establish procedures for controlling Government personnel with access to Contractor's facilities.

H.9 CONTRACTOR PERSONNEL

H.9.1 CONTRACTOR PERSONNEL QUALIFICATION

(a) Labor categories describe the type of experience or expertise and specific degree type needed. Skill levels describe the amount of experience required and level of education needed or preferred.

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(b) All personnel, regardless of whether employed by the contractor or subcontractor, must satisfy the specific educational, experience, and technical qualifications expressed in the Part III Section J, Attachment J-5 Labor Categories and Skill Levels. Also see Section F clause 3.8.2-22, Substitution or Addition of Personnel.

(c) In determining if an employee’s level of education qualifies for a specific labor category/skill level, the Contractor shall ensure that any degrees the employee has received were obtained from accredited colleges only.

H.9.2 QUALITY OF SERVICE PROVIDED BY EMPLOYEES

The Contracting Officer will provide notice to the Contractor when the Contracting Officer finds that any contractor employee is not providing the services required by the SOW in an adequate manner or in a manner that is inconsistent with the best interest of national security or is otherwise objectionable. The contractor shall take appropriate action at their own expense. The Contractor agrees to insert terms that conform substantially to the language of this clause in all subcontracts under this contract.

H.9.3 SUBSTITUTION OR ADDITION OF PERSONNEL

See Section F clause 3.8.2-22, Substitution or Addition of Personnel.

H.10 Validation of Assigned Personnel

The Contractor shall provide to the COR the résumé of all personnel intended to be assigned to work…