DTFACT-17-R-00014-02March2017.doc

DTFACT-16-R-00009

Section L

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Instructions, Conditions, and Notices to Offerors

DTFACT-17-R-00014

Section A

General Information

PART I- SECTION A

GENERAL INFORMATION

A.1

CONTRACTOR PERSONNEL

The Government may utilize contractor support for this source selection evaluation. Contractor employees may be advisors to the evaluation teams, assist in meeting with Offerors, and review price proposals. These individuals will sign Non-Disclosure Agreements and Conflict of Interest statements for this procurement. While these contractors support the evaluation process, the exclusive responsibility for the source selection decision remains with the Federal Aviation Administration (FAA).

A.2

GOVERNMENT POINTS OF CONTACT

Contract Specialist (CS):

FAA William J. Hughes Technical Center (WJHTC)

Attn: Sharon Spector, AAQ-640 Atlantic City International Airport, NJ 08405 Phone: (609) 485-6166

Email: sharon.spector@faa.gov Contracting Officer (CO):

FAA William J. Hughes Technical Center (WJHTC)

Attn: Debra Stuart, AAQ-640

Atlantic City International Airport, NJ 08405

Phone: (609) 485-5360

Email: debra.stuart@faa.gov

(End of Section A)

PART I - SECTION B

SUPPLIES/SERVICES & PRICE

B.1

IDENTIFICATION OF SUPPLIES/SERVICES

This Corporate Work Plan System (CWP) Support Services acquisition is sponsored by the CWP Program Office (ABP-360) within the Office of Budget and Programs (ABP-1). This procurement is to provide business program management, project management, and information technology (IT) services to the Capital Budget Division to support the operation and maintenance of the CWP system. The Contractor must provide support services for current and future needs related to the CWP system to ABP-360 in accordance with the Statement of Work (SOW) provided in Part I- Section C of this SIR, as authorized by the CO through the issuance of task orders. The services include, but are not limited to:

· Business Program and Project Management Support

· Oracle, COTS, and Custom Tools Lifecycle Support

· Infrastructure Services

· Operations Services

· Application Maintenance and Support Services

· Help Desk and Help Desk Management Support Services

· Change and Configuration Management Support Services

· New Systems Implementation and Relocation Support Services

· Transition Phases of Performance

This Contract is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract with a one year base period and four (4) one year option periods, for a total maximum performance period of five (5) years. Work under this Contract will be ordered by placing task orders against this Contract using the ordering procedures described in Section G, Contract Administration Data. Task orders may be issued at any time during this performance period. The predominance of the task orders issued against this IDIQ contract are anticipated to be issued on a Time and Materials (T&M) basis. Task orders may also be issued on a Firm Fixed Price (FFP) basis when determined in the Government’s best interest. Performance periods will be identified within individual task orders. If applicable, task orders may include option periods.

This acquisition is not a requirements contract.

All terms and conditions contained in this document, unless otherwise specified, will be applicable to all task orders issued against this Contract.

B.2

MINIMUM ORDERING OBLIGATION AND MAXIMUM CEILING

The minimum ordering obligation under this Contract is $30,000.00 and this amount will be obligated on 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 contract ceiling amount is To Be Determined (TBD) at contract award and is based on the total value of all labor hours (292,800 total hours) and estimated Other Direct Cost (ODC) values identified in Attachment B-1, Pricing Schedule. Orders may be incrementally funded in accordance with Acquisition Management System (AMS) clause 3.3.1-39. The aggregate value of all task orders placed against this IDIQ will not exceed the total maximum contract ceiling amount identified above. Regardless of the estimated period of performance of task orders, the Contractor must only continue work until the obligated amount of funds on the task order are depleted. The Contractor is required to notify the Contracting Officer (CO) when 75% of the obligated funds are depleted at the task order level in accordance with AMS clause 3.3.1-39.

B.3

CONTRACT LINE ITEM NUMBERS

The Pricing Schedule for this Contract, by labor category and option period, is provided in Attachment B-1. Labor hours ordered under this Contract must be performed in accordance with the basic IDIQ SOW, applicable task order SOW, and delivered in accordance with individual task order requirements. Below is the Contract Line Item Number (CLIN) structure for the IDIQ contract.

CLIN

CLIN #

DESCRIPTION

HOURS TOTAL PRICE $

Base Year Option period

58,560

*TBD

(one year from date of award)

Year 2 Option Period

(one year after the end date of Base period)

Year 3 Option Period

(one year after the end date of Year 2 period)

Year 4 Option Period

(one year after the end date of Year 3 period)

Year 5 Option Period

(one year after the end date of Year 4 period)

* CLIN TOTAL PRICE: The total estimated price for each CLIN is the sum of the total price of labor (Contractor Site Plus Government Site) and ODCs (Estimated Annual Amount Provided by the FAA) from Attachment B-1.

B.4

SCHEDULE

The Pricing Schedule – Attachment B-1 contains the Contractor’s fully burdened labor rates by labor category and option year. These labor rates will be used to price the individual task orders awarded against this IDIQ Contract.

B.4.1 Time and Materials (T&M) TASK ORDERS

In performance of this Contract, the Contractor must provide the necessary personnel based on the amount of T&M labor hours specified within each individual task order. All work must be performed in accordance with the SOW provided for each individual task order.

The functional descriptions and the minimum education and experience requirements for the required labor categories are provided in Attachment C.2. It is estimated that the T&M labor hours provided at Attachment B-1 are necessary to accomplish the requirements of this Contract.

(a) T&M Fully Burdened Labor Rates

The fully burdened hourly rates identified in the Pricing Schedule – Attachment B-1 will apply to all direct labor hours. The fully burdened labor rates include all direct labor and indirect costs applicable to that direct labor (such as fringe, overhead, G&A, and cost of money if applicable), and profit. These fully burdened rates will apply to all direct labor hours regardless of whether the labor hour is expended by the Contractor or its subcontractor(s). These rates represent the maximum labor rates that the Government will consider and/or accept during the Contract period of performance.

(b) No Change to Rates if Subcontractors are Added or Deleted

The fully burdened hourly rates identified in the Pricing Schedule - Attachment B-1 represent the hourly rates of the Contractor and all of its subcontractors and are not subject to change after the Contract is awarded, even if a subcontractor is added or removed by the Contractor during the performance period of this IDIQ Contract.

(c) Geographic Area

The fully burdened labor rates set forth in the Pricing Schedule - Attachment B-1 reflect the rates for performance at Government-site locations (Government Headquarters located in the Washington, D.C. metropolitan area) as well as the fully burdened labor rates for performance at Contractor-site locations within these geographic areas.

(d) Government vs. Contractor Site Rates Government-site Rates: When performing at Government sites, the fully burdened labor rates must take into account that the Government will provide adequate workspace, software, hardware, utilities, telephone, office supplies, janitorial services, and other FAA-provided services necessary to meet the performance requirements.

Contractor-site Rates: When performing at a Contractor site, the fully burdened labor rates must include applicable indirect costs for office space and all normal supplies and services required to support the work. The Contractor must provide the required space including all utilities, telephone, janitorial services, workstations, associated hardware and software, office equipment/furnishing(s) and supplies to meet the requirements of this Contract.

B.4.2 Other Direct Costs (Material and Travel) Travel may be required to support task orders issued against this Contract. Travel dates, times, and locations must be coordinated with, and pre-approved in writing by, the Contracting Officer’s Representative (COR) AND/OR Contracting Officer (CO).

Materials are defined as:

a) Direct materials;

b) Subcontracts for supplies and incidental services for which there is no labor category specified in the contract; and

c) Other direct costs (ODCs) (e.g., travel, computer usage charges, reproduction costs, etc.).

Indirect costs may be applied to ODCs in accordance with the Contractor’s established accounting practices. The Government will not pay profit on ODCs.

Local travel by offsite Contractor personnel is not considered to be an ODC and will not be reimbursed.

Cell phone expenses are not considered ODCs and will not be reimbursed.

B.4.3

FIRM FIXED PRICE TASK ORDERS

Task orders may be issued on a Firm Fixed Price (FFP) basis when determined in the best interest of the Government. Pricing requirements for a FFP task order will be included in the instructions requesting a FFP task order proposal.

B.5

PRODUCTIVE LABOR HOURS

The Government will only pay for productive, direct labor hours, i.e. those hours authorized by the CO 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.

B.6

ADDITIONAL LABOR CATEGORIES

During performance of this Contract, at the request of the Government, the Contractor may propose additional labor categories, rates and descriptions necessary to support requirements of this Contract or a specific task order. These additional labor categories, rates, and descriptions will be negotiated on a case-by-case basis and may be incorporated into Attachment B-1 for use within task orders.

SECTION B

LIST OF ATTACHMENTS

(End of Section B)

PART I - SECTION C

STATEMENT OF WORK (SOW) &

MINIMUM LABOR CATEGORY DESCRIPTIONS & QUALIFICATIONS

The SOW for this effort can be found at – Attachment C-1.

The Minimum Labor Category Descriptions & Qualifications can be found at – Attachment C-2.

SECTION C

LIST OF ATTACHMENTS

(End of Section C)

PART I - SECTION D

PACKAGING AND MARKING

D.1 content of deliverables

Deliverables must be provided in accordance with the SOW, Attachment C.1 or as specified in task orders. The Contractor must provide separate digital images of any photos, figures or drawings used in reports if the images are too large to be contained in the original Microsoft Word files. Technical presentation must be in accordance with best commercial practices.

D.2

PRESERVATION, PACKAGING AND PACKING

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

D.3

MARKING OF SUPPLIES AND/OR TECHNICAL REPORTS

The outside of the container (or technical report) must be marked with the applicable contract number, task order number, Contractor name and address and name of Contracting Officer Representative (COR). A DD Form 250, or equivalent detailed paper packing list, in an envelope must be conspicuously placed on the outside of the lowest numbered package (one packing list for each shipment), or as specified on individual task order(s).

(End of Section D)

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.

3.10.4-4 INSPECTION OF SERVICES – BOTH FIXED-PRICE & COST REIMBURSEMENT (April 1996)

3.10.4-5 INSPECTION – TIME-AND-MATERIAL AND LABOR-HOUR (April 1996)

(End of Clause) E.2 Inspection and Acceptance

The CO or the COR (listed in Section G)/Task Order COR (if applicable), as the CO’s duly authorized representative, are authorized to perform inspection on behalf of the Government for the purpose of acceptance of all materials, data or services to be provided. In this regard the COR/Task Order COR is an authorized representative of the CO. The COR/Task Order COR will perform inspection on behalf of the Government for the purpose of acceptance of all services and/or items (deliverables/reports) to be provided as part of this Contract. If the COR/Task Order COR determines that there are omissions, errors, and/or deficiencies in the Contractor’s deliverables (excluding equipment), the Contractor must make the necessary corrections that will allow the Government to accept the final product. The COR/Task Order COR will provide a written notification of acceptance or rejection within thirty (30) business days of receipt of the final product, or as specified within each Task Order SOW. The Contractor must correct the report or deliverable within fifteen (15) business days unless otherwise specified. The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies and/or services furnished under this Contract conform to contract requirements.

Final acceptance of all services and/or deliverable items under this Contract will be made in writing by the CO or COR/Task Order COR. Inspection and acceptance will be at destination.

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.

(End of Section E)

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)

(End of clause)

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 calendar 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 30 calendar 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 calendar days (if a security clearance must be obtained, at least 90 calendar 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 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 PERIOD OF PERFORMANCE

The period of performance of this Contract is for a Base Period of one year and four (4) one year Option Periods, for a total maximum period of performance of five (5) years. The task order period of performance will be specified within each individual Task Order.

F.4

PLACE OF PERFORMANCE

The place of performance for this Contract will be at the Contractor’s facility except for on-site support and meetings at Federal Aviation Administration Headquarters, 800 Independence Avenue S.W., Washington, DC 20591, as needed. Specific locations for support services required will be delineated within individual task orders.

F.5

DELIVERY OF SERVICES AND DELIVERABLES

Delivery of Services: The services required under each individual task order must be delivered and received at destination within the time frame specified within each task order.

Deliverables:

(a) All task order deliverables and reports, required delivery dates, and destination of delivery and schedule for completion of work to be performed will be specified within individual task orders issued under this Contract, as applicable.

(b) For purposes of delivery, all deliverables must be made by close of business (COB) 4:30 P.M. Eastern Standard Time (EST) at destination, Monday through Friday, unless otherwise stated within the individual task order.

(c) All deliverables submitted in electronic format must be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file must be provided within two (2) business days after notification of the presence of a virus.

(d) Each deliverable must be accompanied by a cover letter from the Contractor on company letterhead. Multiple deliverables may be delivered with a single cover letter describing the contents of the complete package.

(e) In the event the Contractor anticipates difficulty in complying with any delivery schedule, the Contractor must immediately provide written notice to the CO and COR/Task Order COR (if applicable). Each notification must give pertinent details, including the date by which the Contractor expects to make delivery; provided that this data must be informational only in character and that receipt thereof must not be construed as a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this Contract.

(f) In the event that a Contractor is non-compliant in submission of deliverables, the Government may reflect the non-compliance in the Contractor’s past performance report.

(g) All deliverables must be submitted to the COR/Task Order COR (if applicable) in electronic format unless otherwise specified in a task order. A courtesy copy of the deliverables must be submitted to the CO and CS.

F.6

DELAYS AND NON-PERFORMANCE

The Contractor is liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor must notify the CO in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, must remedy such occurrence with all reasonable dispatch, and must promptly give written notice to the CO of the cessation of such occurrence.

(End of Section F)

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 the full text via Internet at: http://conwrite.faa.gov.

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

(End of clause) G.2

DESIGNATION OF CONTRACTING OFFFICER (CO) AND CONTRACT

SPECIALIST (CS)

The Government CO’s name and address assigned to this contract are as follows:

Debra Stuart - (609) 485-5360

FAA William J. Hughes Technical Center

AIT Support Branch – AAQ 640

Bldg. 300, 4th Floor

Atlantic City International Airport, NJ 08405

Email: debra.stuart@faa.gov The Government CS’s name and address assigned to this contract are as follows:

Sharon Spector – (609) 485-6166 FAA William J. Hughes Technical Center (WJHTC)

AIT Support Branch – AAQ 640

Bldg. 300, 4th Floor

Atlantic City International Airport, NJ 08405

Email: sharon.spector@faa.gov The Contract Specialist, identified above, has been authorized by the CO to assist in the administration of contractual matters under the Contract. All correspondence regarding contract administration must be addressed to the CS with a courtesy copy sent to the CO.

The Contracting Officer assigned to this Contract has responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the Contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this Contract. In addition, the Contracting Officer is the only person authorized to approve changes to any of the requirements under this Contract, and notwithstanding any provision contained elsewhere in this Contract, the said authority remains solely with the CO.

No verbal statement by any person, or unwritten statement by anyone other than the CO, 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. It is the responsibility of the Contractor to contact the CO and CS immediately if there is even the appearance of any technical direction that is or may be outside the scope of the Contract. Any work performed outside of the scope of work and/or without the written authorization of the CO/CS will not be subject to a request for additional compensation by the FAA.

G.3

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Work to be performed under this Contract is subject to the technical direction of the Contracting Officer’s Representative (COR) identified below: (TBD at time of award):

Attn: (TBD)

Routing Symbol/Mail Stop: (TBD) Phone: (TBD) E-mail: (TBD) The CO has the overall responsibility of the Contract and resultant task 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 COR.

The COR identified above has been appointed for the overall IDIQ Contract. Task Order COR(s) may also be delegated by the CO for each task order issued. The appointment(s) will be effective until the task order is completed or a written, or electronic, notice of termination is received from the CO responsible for the task order, whichever occurs first. Changes to the COR/Task Order COR (if applicable) may be made by the CO via electronic mail or by task order modification (changes, directed by electronic mail will be confirmed in the next subsequent modification, as applicable).

The COR/Task Order COR has the authority to monitor the technical progress of the services that are to be delivered under task orders. 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/Task Order 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 Contract and/or task order. If the Contractor desires a change (monetary or otherwise) to a task order, 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 regarding contractual terms/scope of work between the Contractor and the COR/Task Order COR occurs, the Contractor must notify the CO immediately.

G.4

CORRESPONDENCE PROCEDURES

The Contractor must assure an electronic means for communicating with FAA personnel and that communications are compatible with the Government’s electronic mail system, which is Microsoft Outlook. The Contractor must also ensure that the Contractor’s electronic mail has the capability to receive and retrieve attachments. All correspondence relating to the Contract and applicable task orders must include the Contract number and a task order number (if applicable).

To promote timely and effective contract administration, correspondence submitted under this Contract (except for invoices and deliverables) is subject to the following procedures:

(a) Technical correspondence of a routine nature must be addressed to the designated COR/Task Order COR (if applicable) with an information copy of the correspondence to the CO and CS;

(b) Other considerations including technical correspondence involving technical issues and correspondence proposing or otherwise involving waivers, deviations or modifications to the Contract or task order, must be addressed to the CO and CS, with information copies to the COR; and

(c) Correspondence regarding schedule changes or problems with performance must be addressed to the CO with a courtesy copy to the COR.

G.5

INVOICE PROCEDURES

Itemized invoice(s) for each task order must be submitted under this Contract.

The Contractor may submit an electronic copy of the Standard Form 1034 entitled, “Public Voucher for Purchases and Services Other than Personal,” scanned with signature, together with the Contractor’s regular invoice via email in lieu of US Mail. An electronic copy must include all items identified below and be sent to the Government Accounting Department via email to: TBD at time of award with an electronic courtesy copy to the CO, CS, COR, and Task Order COR (if applicable).

Each invoice(s) must reference the Contract Number, task order number and, if applicable, modification number, type of services and products delivered, and billing period. At a minimum, the Contractor must provide the following required back-up data as substantiation for each invoice submitted:

a. Period covered by the invoiced hours and dollars.

b. A summary page consolidating the total number of labor hours by individuals working under this Contract, summarized by labor category and reflecting the total costs incurred under all task orders for this billing period, and any product ordered identifying Contract Line Item Number (CLIN), number of products delivered and total price.

c. The total number of hours, by individuals working under this Contract, summarized by task order and CLIN.

d. Total dollars expended, summarized by task order and CLIN number.

e. The total cumulative labor hours expended per labor category through the reporting period.

f. Total ODC and travel dollars expended summarized by task order.

g. The total cumulative Travel and ODCs expended through the reporting period.

h. When applicable, total direct labor dollars expended by subcontractor, by labor category, and summarized by task order.

i. Total cumulative funds expended through the reporting period.

j. Remaining balances of funds available on all incomplete task orders.

The invoice must 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.

NOTE: The Office of Information Technology (AIT) is in the process of updating its Invoice Reporting Requirements System to iViews. Therefore, in conjunction with the invoices being submitted to the Government Accounting Department in accordance with the above, the iView Addendum for Section G – Invoice Guidance (Attachment J-1) and the iView Sample T&M Expense Report Template (Attachment J-2) are provided for guidance purposes to assist the Contractor in electronically submitting the required invoice back-up data in the appropriate format to the COR for the Government’s subsequent submittal to the iViews Invoice Reporting System.

The Contractor must submit invoices on a monthly basis.

Payment is subject to review, approval and certification by the CO and COR. In the event of a question(s) regarding the Contractor’s invoiced amount, the CO may withhold any or all invoice amounts until the Contractor provides all required data to the satisfaction of the CO.

Compliance with these instructions will reduce correspondence and other causes for delay to a minimum, and will thus promote prompt payments to the Contractor.

Upon completion, termination, or expiration of individual task orders, the Contractor must submit a voucher that contains an itemized accounting of the total task order invoiced amount throughout the life of the task order that includes:

i. Certification that all contractual requirements have been satisfied; and

ii. Certification that all previous Contractor vouchers have been paid.

G.6 OTHER DIRECT COSTS (ODCs) ODCs include travel, material, equipment, hardware, software, etc. The procurement of these cost-reimbursable, non-profit bearing items must only be incurred when a specific task order authorizes them AND prior written approval is received from the CO AND/OR COR. ODCs, including but not limited to, travel, will be reimbursed on a cost plus applicable indirect cost (no profit) basis. Indirect costs may be applied to ODCs in accordance with the Contractor’s established accounting practices. The indirect rate to be applied to ODCs must be included on each individual request to the CO and/or COR for ODC approval.

G.7

TRAVEL

Travel may be required to support task orders issued against this Contract. Travel dates, times, and locations must be coordinated with, and pre-approved in writing by, the COR AND/OR CO. The Contractor will be reimbursed for allocable, allowable and reasonable expenses. Except as otherwise provided herein, the Contractor will be reimbursed for approved travel in accordance with AMS Procurement Guidance T.3.3.2 “Contract Cost Principles.”

The travel authorization request submitted by the Contractor must include:

a) Name(s) of the traveler(s);

b) Destination;

c) Duration of the trip;

d) Breakdown of the estimated cost of the trip;

e) Brief description and reason for the trip;

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

g) Signature Block for CO and COR for approval.

G.8

TASK ORDER CLOSEOUT

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

G.9

ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data is included in each individual task order.

(End of Section G)

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 [to include PIN numbers or passwords, digital signatures, smart cards and other technology approved by the CO].

(End of Clause) 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

FTE

Key Personnel Name

Note: Each task order will specify the Key Personnel required to perform work under the task order.

(End of clause)

H.2.1

SUBSTITUTION OF KEY PERSONNEL ON TASK ORDERS (AS APPLICABLE)

The Contractor must notify the CO prior to making any changes in Key Personnel. No changes in Key Personnel will be made unless the Contractor can demonstrate that the qualifications of prospective replacement personnel are equal to the qualifications of the Key Personnel being replaced. The CO must be notified in writing of any proposed substitution at least thirty (30) calendar days in advance of the proposed substitution. Such notification must include:

(a) Explanation of the circumstances necessitating the substitution;

(b) Complete resume of the proposed substitute; and

(c) Other information requested to enable the CO to determine whether or not the Contractor is maintaining the same high quality of personnel as initially provided. The CO will evaluate the Key Personnel substitution request and promptly notify the Contractor of its approval or disapproval in writing. All disapprovals will require resubmission by the Contractor of another substitution within fifteen (15) calendar days of the Contractor’s receipt of the notice of disapproval.

For non-key personnel see Section F.2 Clause 3.8.2-22, “Substitution or Addition of Personnel.”

H.3

RESERVED

H.4

ORDERING PROCEDURES

(a) All work to be performed under this Contract must be within the scope of the SOW, Attachment C-1, and must not commence until authorized by the CO under a specific task order issued under this Contract. task orders will be issued on FAA’s Award for Supplies or Services form (or equivalent form) and will provide the funding for the contract work effort.

Any effort undertaken by the Contractor pursuant to oral or written direction by any individual other than the CO will be at the Contractor’s risk and expense.

All issued task orders will cover specific work assignments within the scope of this Contract. Each task order will be numbered. All task orders will contain the following information, as applicable:

1. Task order number;

2. Task Order COR (if applicable);

3. Description of the work to be performed;

4. Period of performance and delivery schedule for required services to be performed;

5. Task order not-to-exceed limit;

6. Labor categories and labor hours required as well as associated obligated funding;

7. Contract CLINs associated with the task order;

8. ODCs as applicable;

9. Start and completion dates, with major milestones;

10. Deliverables with required delivery dates;

11. Personnel and Security requirements; and

12. List of Government Furnished Property, Equipment, and/or Information (GFP/GFE/GFI).

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

(c) The Contractor must incur costs only in the performance of task orders issued in accordance with these ordering procedures. No other costs are authorized under this Contract without the express written consent of the CO.

(d) The following procedures may be applicable for the issuance of certain task orders that require the CO to request a proposal (RFP) from the Contractor prior to the issuance of a task order:

1. CO will provide a RFP to the Contractor. The RFP will include, as applicable:

a. A detailed task order SOW;

b. The desired delivery schedule and/or required dates(s), milestones, reporting requirements and list of deliverables as applicable;

c. The date and time by which a response is due;

d. The type of effort that the task order will be performed under (T&M or FFP); and

e. Any special instructions, conditions, notices, performance measures, etc. applicable to the task order.

2. The Contractor must provide an RFP response to the CO. The Contractor will generally be given a minimum of five (5) business days and a maximum of ten (10) business days (unless circumstances of the effort dictate a quicker response time) to prepare and provide a proposal to the CO. If a technical and/or management approach is required for an individual task order, additional time may be granted as negotiated and agreed to by the CO.

3. For pricing purposes, the Contractor may not exceed the fully burdened labor rates incorporated in Attachment B-1. A mutual agreement between the Government and Contractor must be reached. task orders may require the signature of the Contractor and the CO.

H.5 3.13-15 CONFIDENTIALITY OF DATA AND INFORMATION (November 2016)

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

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

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

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

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

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

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

(End of clause)

H.6

FAA RIGHT TO PERFORM OR CONTRACT

The Government reserves the right to accomplish any work within the scope of this Contract either by Government personnel or by another, separate contract.

H.7

PERSONAL SERVICES

(a) No personal services must be performed under this Contract. No Contractor employee will be directly supervised by the Government. All individual Contractor employee assignments, and daily work direction, must be given by the applicable Contractor supervisor. If the Contractor believes that any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the CO of this communication or action.

(b) The Contractor must not perform any inherently governmental functions under this Contract, as identified in the Office of Federal Procurement Policy Letter 11-01. These functions include those activities that require either the exercise of discretion in applying Government authority or the making of value judgments in rendering decisions for the Government. Support under this Contract is limited to non-decision making activities that do not bind the Government such as analysis, studies, and assistance. Contract employee recommendations must be forwarded to a Government employee for review and consideration. No Contractor employee must hold him or herself out to be a Government employee, agent or representative. No Contractor employee must state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this Contract, the Contractor employee must state that they have no authority to in any way change the Contract and that if the other Contractor believes this communication to be a direction to change their Contract, they must notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

(c) The Contractor must ensure that all of its employees working on this Contract are informed of the substance of this clause. Nothing in this clause must limit the Government’s rights in any way under any other provision of the Contract, including those related to the Government’s right to inspect and accept the services to be performed under this Contract. The substance of this clause must be included in all subcontracts at any tier.

H.8

GOVERNMENT SUPPORT CONTRACTORS

The Government plans to use support contractors for services to assist in technical reviews of the efforts and products of the Contractor under this Contract. Employees of these support contractors may attend meetings between the Contractor and the Government, observe and participate with Government personnel in function and performance tests, and have access to the Contractor’s facilities as related to any effort under this Contract. However, no support contractor will have authority to issue direction to the Contractor or to change the Contract.

The Contractor agrees to cooperate with support contractor personnel by engaging in technical discussions and permitting access to facilities, information, and data relating to the contract performance (including cost and schedule information) to the same degree such access is accorded Government personnel. The Government will require all support contract personnel to sign non-disclosure agreements prior to gaining access to information.

H.9

CONTRACTOR PERSONNEL

H.9.1.1 Contractor Personnel Qualification

(a) All personnel, regardless of whether employed by the Contractor or a subcontractor, must satisfy the specific educational, experience, and technical qualifications expressed in Attachment C.2 – Labor Category Descriptions and Qualifications.

(b) 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.

(c) In determining if an employee’s level of education qualifies for a…