FIRE LIFE SAFETY Solicitation No. DTFASA-17-C-00368 DIA.pdf
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FIRE LIFE SAFETY Solicitation No. DTFASA-17-C-00368 DIA (pdf)
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SEE ADDENDUMIS CHECKED.
CODE 17a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE 16a. CONTRACTOR/
TELEPHONE NO.
16b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
AAQ520FTW-AFN
FORT WORTH TX 76177-1524
10101 HILLWOOD PARKWAY
CENTRAL ACQUISTION, AAQ-520
FEDERAL AVIATION ADMINISTRATION
S6982TXF
DENVER CO 802496360
26705 E 68TH AVE RM 119
TRACON SYSTEM SERVICE CENTER
6982TX DOT FAA
S6982TXF
CODE 15. ADMINISTERED BYCODE 14. DELIVER TO
X
X
SEE SCHEDULE
BLOCK IS MARKED
561621
SIZE STANDARD:
% FORSET ASIDE
UNRESTRICTED
AAQ520FTW-AFN
FORT WORTH TX 76177-1524
10101 HILLWOOD PARKWAY
CENTRAL ACQUISTION, AAQ-520
FEDERAL AVIATION ADMINISTRATION
RFPIFB
11. DELIVERY FOR FOB10. THIS ACQUISITION ISCODE 9. ISSUED BY
RFQ
13. METHOD OF SOLICITATION
DESTINATION UNLESS
SIC:
SMALL BUSINESS
12. DISCOUNT TERMS
06/07/2017
425-227-2255Thomas Riley (CTR) (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME
06/22/2017 1500 PT
b. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 2. CONTRACT NO.
7.
6. SOLICITATION
DTFASA-17-R-00368
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 3WS-17-01789
OFFEROR TO COMPLETE BLOCKS 12, 16, 22, 23, & 28
EFFECTIVE DATE
$20.50
17b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 17a. UNLESS BLOCK BELOW
ISSUE DATE
23.
AMOUNT
22.
UNIT PRICE
21.
UNIT
20.
QUANTITY
19.
SCHEDULE OF SUPPLIES/SERVICES
18.
ITEM NO.
Period of Performance: 07/01/2017 to 06/30/2022
Continued ...
27. AWARD OF CONTRACT: REFERENCE
HEREIN, IS ACCEPTED AS TO ITEMS:
DATED
Darren T. Odegard
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
40d. TOTAL CONTAINERS40c. DATE REC'D (YY/MM/DD)
40b. RECEIVED AT (Location)
40a. RECEIVED BY (Print)
26. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
38. PAID BY37. S/R VOUCHER NUMBER36. S/R ACCOUNT NUMBER
35. CHECK NUMBER
FINALCOMPLETE PARTIAL
34. PAYMENT
39c. DATE39b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
39a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32c. DATE32b. SIGNATURE OF AUTHORIZED CONTRACT AUTHORITY
REPRESENTATIVE
FINALPARTIAL
CORRECT FOR
33. AMOUNT VERIFIED 32. VOUCHER NUMBER
CONTRACT, EXCEPT AS NOTED
ACCEPTED, AND CONFORMS TO THEINSPECTEDRECEIVED
30a. QUANTITY IN COLUMN 20 HAS BEEN
29c. DATE SIGNED
28a. SIGNATURE OF OFFEROR/CONTRACTOR 29a. CONTRACT AUTHORITY (SIGNATURE OF CONTRACTING OFFICER)
28c. DATE SIGNED28b. NAME AND TITLE OF SIGNER (Type or Print) 29b. NAME OF CONTRACTING OFFICER (Type or Print)
31. SHIP NUMBER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND
CONDITIONS SPECIFIED HEREIN.
25. TOTAL AWARD AMOUNT (For Contract Authority Use Only)24. ACCOUNTING AND APPROPRIATION DATA
OFFER
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
DTFASA-17-R-00368
(A) (B) (C) (D) (E) (F)
0001 BASE YEAR (FY-17) - 07/01/2017-06/30/2018
The contractor shall furnish all the equipment, labor, materials and tools required to inspect, test, and maintain the Federal Aviation
Administration Fire Life Safety Systems at the
Denver ATCT/BB, 80249.
12 Months @ $___________/Month= $___________/Year
Electronic & IT: 03
Delivery: 07/01/2017
Period of Performance: 07/01/2017 to 06/30/2018
0002 OPTION YEAR I (FY-18) - 07/01/2018-06/30/2019
The contractor shall furnish all the equipment, labor, materials and tools required to inspect, test, and maintain the Federal Aviation
Administration Fire Life Safety Systems at the
Denver ATCT/BB, 80249.
12 Months @ $___________/Month= $___________/Year
(Option Line Item)
(Expected Exercise Date/Days After Award:
)07/01/2018
Delivery: 07/01/2018
Period of Performance: 07/01/2018 to 06/30/2019
0003 OPTION YEAR II (FY-19) - 07/01/2019-06/30/2020
The contractor shall furnish all the equipment, labor, materials and tools required to inspect, test, and maintain the Federal Aviation
Administration Fire Life Safety Systems at the
Denver ATCT/BB, 80249.
12 Months @ $___________/Month= $___________/Year
(Option Line Item)
(Expected Exercise Date/Days After Award:
)07/01/2019
Delivery: 07/01/2019
Period of Performance: 07/01/2019 to 06/30/2020
0004 OPTION YEAR III (FY-20) - 07/01/2020-06/30/2021
The contractor shall furnish all the equipment, labor, materials and tools required to inspect, Continued ...
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
DTFASA-17-R-00368
(A) (B) (C) (D) (E) (F) test, and maintain the Federal Aviation
Administration Fire Life Safety Systems at the
Denver ATCT/BB, 80249.
12 Months @ $___________/Month= $___________/Year
(Option Line Item)
(Expected Exercise Date/Days After Award:
)07/01/2020
Delivery: 07/01/2020
Period of Performance: 07/01/2020 to 06/30/2021
0005 OPTION YEAR IV (FY-21) - 07/01/2021-06/30/2022
The contractor shall furnish all the equipment, labor, materials and tools required to inspect, test, and maintain the Federal Aviation
Administration Fire Life Safety Systems at the
Denver ATCT/BB, 80249.
12 Months @ $___________/Month= $___________/Year
(Option Line Item)
(Expected Exercise Date/Days After Award:
)07/01/2021
Delivery: 07/01/2021
Period of Performance: 07/01/2021 to 06/30/2022
Section B - Supplies or Services/Prices
Section B - Schedule
Contractor must provide all personnel, materials, equipment, transportation, and supervision required to inspect, test, and maintain the Federal Aviation Administration Fire Life Safety Systems at the Denver ATCT/BB, 80249. These services must be performed in strict accordance with the FAA Specification/Statement of Work and other information included in and attached to this solicitation/contract.
BASE CONTRACT: July 1, 2017 to June 30, 2018
Monthly/Quarterly/Semi-Annual Annual
INSPECTION $______________ $_______________
TESTING $______________ $_______________
MAINTENANCE $______________ $_______________
Overhead/G&A: $______________ $________________
Include all equipment, administrative costs and all other
Overhead/G & A costs to accomplish the scope of work
Profit: $_______________ $_______________
Base Contract Total $______________ $_______________
On a separate piece of paper, the offeror must provide a complete breakdown of all costs included in the offer above.
OPTION YEAR 1: July 1, 2018 to June 30, 2019 Monthly/Quarterly/Semi-Annual Annual
INSPECTION $______________ $_______________
TESTING $______________ $_______________
MAINTENANCE $______________ $_______________
Overhead/G&A: $______________ $________________
Include all equipment, administrative costs and all other
Overhead/G & A costs to accomplish the scope of work
Profit: $_______________ $_______________
Total Price for Option Year 1 $______________ $_______________
Do not include in Option Year 1 any anticipated increase to labor. After a new Wage Determination is received and an equitable adjustment is agreed upon, it will be added to Option Year 1 total to arrive at a finalized total.
If the contractor requests an equitable adjustment based on a Wage Determination increase to janitor labor, the contractor must submit (on a separate piece of paper) fully burdened hourly rates for janitorial labor.
OPTION YEAR 2: July 1, 2019 to June 30, 2020
Monthly/Quarterly/Semi-Annual Annual
INSPECTION $______________ $_______________
TESTING $______________ $_______________
MAINTENANCE $______________ $_______________
Overhead/G&A: $______________ $________________
Include all equipment, administrative costs and all other
Overhead/G & A costs to accomplish the scope of work
Profit: $_______________ $_______________
Total Price for Option Year 2 $______________ $_______________
Do not include in Option Year 2 any anticipated increase to labor. After a new Wage Determination is received and an equitable adjustment is agreed upon, it will be added to Option Year 2 total to arrive at a finalized total.
If the contractor requests an equitable adjustment based on a Wage Determination increase to janitor labor, the contractor must submit (on a separate piece of paper) fully burdened hourly rates for janitorial labor.
OPTION YEAR 3: July 1, 2020 to June 30, 2021 Monthly/Quarterly/Semi-Annual Annual
INSPECTION $______________ $_______________
TESTING $______________ $_______________
MAINTENANCE $______________ $_______________
Overhead/G&A: $______________ $________________
Include all equipment, administrative costs and all other
Overhead/G & A costs to accomplish the scope of work
Profit: $_______________ $_______________
Total Price for Option Year 3 $______________ $_______________
Do not include in Option Year 3 any anticipated increase to labor. After a new Wage Determination is received and an equitable adjustment is agreed upon, it will be added to Option Year 3 total to arrive at a finalized total.
If the contractor requests an equitable adjustment based on a Wage Determination increase to janitor labor, the contractor must submit (on a separate piece of paper) fully burdened hourly rates for janitorial labor.
OPTION YEAR 4: July 1, 2021 to June 30, 2022 Monthly/Quarterly/Semi-Annual Annual
INSPECTION $______________ $_______________
TESTING $______________ $_______________
MAINTENANCE $______________ $_______________
Overhead/G&A: $______________ $________________
Include all equipment, administrative costs and all other
Overhead/G & A costs to accomplish the scope of work
Profit: $_______________ $_______________
Total Price for Option Year 4 $______________ $_______________
Do not include in Option Year 4 any anticipated increase to labor. After a new Wage Determination is received and an equitable adjustment is agreed upon, it will be added to total for Option Year 4 to arrive at a finalized total.
If the contractor requests an equitable adjustment based on the Wage Determination increase to janitor labor, the contractor must submit (on a separate piece of paper) fully burdened hourly rates for janitorial labor.
NOTE: Equitable adjustments will not include FUTA or SUTA insurance rates
TOTAL COST OF BASE YEAR PLUS FOUR OPTION YEARS $_____________________
OF ALL REQUIREMENTS
NOTE: OFFEROR MUST BID ON ALL ITEMS. FAILURE TO PROVIDE COSTS FOR ALL ITEMS
WILL DEEM OFFEROR NON-RESPONSIVE.
Clause List
The remainder of this page has been intentionally left blank.
Section C - Description/Specifications
Scope of Work
The contractor shall furnish all the equipment, labor, materials and tools required to inspect, test, and maintain the
Federal Aviation Administration Fire Life Safety Systems at the Denver ATCT/BB, 8500 Pena Blvd, Denver, CO
80249. All work shall be performed as per the specifications provided. Services needed are more fully described in the Statement of Work.
Section D - Packaging and Marking
Section E - Inspection and Acceptance
Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting
Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
http://conwrite.faa.gov.
(End of clause)
3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR 1996)
Section F - Deliveries or Performance
Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting
Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
http://conwrite.faa.gov.
(End of clause)
3.10.1-9 STOP-WORK ORDER (OCT 1996)
SW.F-1 Holidays
The following Federal holidays are observed by the Federal Aviation Administration.
HOLIDAY DAY OBSERVED
New Year’s Day January 1st
Martin Luther King’s Birthday Third Monday in January
Presidents Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans Day November 11th
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25th
SW.F-2 Place of Performance
Federal Aviation Administration
Denver International Airport – C Terminal
8500 Pena Blvd
Denver, CO 80249
Section G - Contract Administration Data
Clause List
3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)
(a) The Contracting Officer may designate other Government personnel (known as the Contracting Officer's
Representative) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.
(b) The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.
(End of Clause)
SW.G-1 Wage Rates
The Department of Labor Wage Determinations attached to this solicitation are applicable to the resulting contract
(see Section J).
SW.G-2 FAA Correspondence
All letters of correspondence regarding the contract should be submitted to the contracting officer at the following address and should always reference the Federal Aviation Administration contract number:
DOT/Federal Aviation Administration
Attn: Darren Odegaard, Contracting Officer
Acquisition Management Branch, AAQ-530
1601 Lind Ave.
Renton, WA 98057
SW.G-3 Authority of the Government
No one other than the Contracting Officer has the authority to authorize or make changes in the terms, conditions, change the scope of work or specifications in the contract, make any commitments or otherwise obligate the
Government, or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms and conditions of the contract.
Section H - Special Contract Requirements
Clause List
3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2013)
(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:
(1) Contracts written on paper and contracts in electronic form;
(2) Pen-and-ink signatures and electronic signatures; and
(3) Other legally-required written records and the same information in electronic form.
(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.
(c) Certain documents may need to be provided or maintained in original form, such as large scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.
(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.
Contractors may use the following means of electronic signature technology digital signature.
(End of Clause)
SW.H.1 Insurance Requirements Schedule
(See Section I, Clause 3.4.1-10, Insurance--Work on Federal Aviation Administration Installation)
During the term of the contract, the Contractor and each subcontractor shall at their own expense, purchase and maintain the following minimum insurance requirements in companies properly licensed and satisfactory to the
Contracting Officer:
Automobile and Truck Liability
$200,000 - bodily injury per person, not to exceed $500,000 per occurrence.
$100,000 - property damage per occurrence.
Comprehensive General Liability - $500,000 - Combined bodily injury and property damage per occurrence.
Workmen's Compensation - $100,000 or statutory, whichever is greater.
Umbrella or Excess Liability - $1,000,000 combined single limits bodily injury and property damage.
The policy shall name “The United States of America, acting by and through the Federal Aviation Administration” as an additional insured with respect to operations performed under this contract.
Insurance certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least 30 days prior written notice has been given to the Contracting Officer at the following address:
Federal Aviation Administration
ATTN: Darren Odegaard, Contracting Officer
Acquisition Management Branch, AAQ-530
1601 Lind Ave.
Renton, WA 98056
It is agreed that the Federal Aviation Administration, the property owner(s) and their representatives will be held harmless by the Contractor for any loss or damage to sheds, tools, equipment, property and materials of the
Contractor, and his subcontractors, their servants and employees, it being understood that the Contractor may at his expense carry any insurance which may be required to provide the necessary protection against such loss or damage.
The Contractor shall not commence work under the contract until he has obtained all the insurance required hereunder and such insurance has been approved by the Contracting Officer. Approval of the insurance by the
Contracting Officer shall not relieve or decrease the liability of the Contractor.
SW.H-2 Records
The contractor shall retain and make available books, records, documents, and any other data or information referred to in this clause as records, to show compliance with the requirements of this contract. Such records shall include, but not be limited to the data required by paragraph (f) of the Service Contract Act of 1965, as amended clause, and the data required by the specifications.
SW.H-3 Payments
(a) Payments to the Contractor for services performed under this contract will be made monthly in arrears based upon contractor’s invoices.
(b) Payments to the Contractor for services performed under this contract will be made monthly in arrears based upon contractor’s invoices.
(c) Contractor’s invoice shall be submitted to the Contracting Officer’s Representative for the certification of services received. The COR will then forward the original to the Contracting Officer for approval and forwarding to the Accounting Operations Section. Contractors on the automatic pay plan should forward one invoice for the entire year.
SW.H-4 Airport Security and Insurance Requirements
The offeror shall determine specific security and insurance requirements at the airport where this contract work is to be performed. These requirements, i.e., badges, permits, etc., may vary significantly between different airports. The offeror is required to determine the effects, if any, that these security requirements may have on the offer, or on contract performance. Failure of the offeror to ascertain airport security and insurance requirements beforehand will not excuse noncompliance nor will it be the basis for modifying the contract after award to compensate for adherence to airport security requirements.
Section I - Contract Clauses
Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting
Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
http://conwrite.faa.gov.
(End of clause)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)
3.2.2.3-8 AUDIT AND RECORDS (JUL 2010)
3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)
3.2.2.3-67 SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (JUL 2004)
3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(OCT 2015)
3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2011)
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.4-4 FIXED-PRICE CONTRACTS WITH ECONOMIC PRICE ADJUSTMENT-LABOR AND
MATERIAL (APR 1996)
3.2.4-27 LIMITATION OF PRICE AND CONTRACTOR OBLIGATIONS (APR 1996)
3.2.4-28 CANCELLATION OF ITEMS (APR 1996)
3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)
3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)
3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (APR 1996)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.3.1-1 PAYMENTS (APR 1996)
3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (MAY 1997)
3.3.1-7 LIMITATION ON WITHHOLDING OF PAYMENTS (MAY 1997)
3.3.1-8 EXTRAS (MAY 1997)
3.3.1-15 ASSIGNMENT OF CLAIMS (APR 1996)
3.3.1-16 PROHIBITION OF ASSIGNMENT OF CLAIMS (APR 1996)
3.3.1-17 PROMPT PAYMENT (JAN 2017)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT
2012)
3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT
(AUG 2012)
3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JUL 1996)
3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT 1996)
3.4.2-7 FEDERAL, STATE, AND LOCAL TAXES - FIXED-PRICE, NONCOMPETITIVE CONTRACT
(APR 1996)
3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (APR 2013)
3.5-1 AUTHORIZATION AND CONSENT (JAN 2009)
3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JAN
2009)
3.6.1-7 LIMITATIONS ON SUBCONTRACTING (APR 2016)
3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATION
(JAN 2012)
3.6.2-2 CONVICT LABOR (APR 1996)
3.6.2-9 EQUAL OPPORTUNITY (AUG 1998)
3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (JAN 2011)
3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)
3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1996)
3.6.2-28 SERVICE CONTRACT ACT OF 1965, AS AMENDED (OCT 2014)
3.6.2-30 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT
(MULTIPLE YEAR AND OPTION CONTRACTS) (OCT 2014)
3.6.2-31 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT-PRICE ADJUSTMENT
(APR 1996)
3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (AUG 1998)
3.6.2-39 TRAFFICKING IN PERSONS (OCT 2015)
3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (JAN 2012)
3.6.3-10 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (OCT 2016)
3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (OCT 2016)
3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)
3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (OCT 2016)
3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)
3.6.4-2 BUY AMERICAN ACT - SUPPLIES (OCT 2014)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.6.4-21 EXPORT CONTROL (JUL 2014)
3.6.5-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN OWNED ECONOMIC
ENTERPRISES (MAR 2009)
3.8.2-11 CONTINUITY OF SERVICES (OCT 2008)
3.9.1-1 CONTRACT DISPUTES (OCT 2011)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.1-26 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (APR 2013)
3.10.2-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (APR 1996)
3.10.3-1 DEFINITIONS (APR 2012)
3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2012)
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT 1996)
3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (OCT 1996)
3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)
3.13-11 PLAIN LANGUAGE (JUL 2006)
3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)
3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(OCT 2012)
3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2014)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor within the period specified in the Schedule.
(End of clause)
3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (APR 1996)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60
(months) or 5 (years).
(End of clause)
3.2.5-15 ATTORNEY-CLIENT PRIVILEGE (JAN 2016)
(a) During performance of the contract, the Contractor may be required to attend meetings at which FAA employees seek and receive legal advice from FAA attorneys. The FAA intends, and the Contractor agrees, that such advice must be treated as confidential legal advice, that the Contractor must not discuss with or otherwise disclose such legal advice to any person, that such advice must not be included in notes (electronic or otherwise), written reports, or minutes of such meetings, and that such advice must not be redistributed, forwarded or otherwise transmitted. For the purposes of asserting the Attorney-Client privilege with regard to such information, the Contractor and its employees must be considered agents of the FAA.
(b) During performance of this Contract, the Contractor also may encounter, come into possession of or otherwise become aware of documents or other communications and/or their contents which reflect legal advice from FAA attorneys. The FAA intends, and the Contractor agrees, that such advice must be treated as confidential legal advice, that the Contractor must not discuss with or otherwise disclose such legal advice to any person, that such advice must not be included in notes (electronic or otherwise), written reports, or minutes of such meetings, and that such advice must not be redistributed, forwarded or otherwise transmitted. For the purposes of asserting the Attorney-
Client privilege with regard to such information, the Contractor and its employees must be considered agents of the
FAA.
(c) Employees of the Contractor may be asked to participate as witnesses in judicial or administrative meetings, litigation or other proceedings where Contractor employees participation is necessary. In such proceedings involving third parties to which the Contractor is not a named party, the Contractor must support the FAA by promptly providing to the FAA any documents requested which the Contractor may have in its possession and by making
Contractor employees available to assist FAA attorneys. This clause does not preclude the Contractor or the
Contractor employees from being represented by Counsel retained by the Contractor or the Contractor employee, provided such representation is at no direct cost to the FAA.
(d) The contractor must consider any and all other communications between attorney and client it encounters, however denominated, as communications that are part of the FAA deliberative process, attorney-client or attorney-work product, all of which are privileged and not subject to disclosure outside the Agency or to the public.
(e) If the Contractor believes it cannot or will not comply with the obligations set forth in this clause, it has an affirmative obligation immediately to notify the Contracting Officer. Any failure by the Contractor to ensure compliance by its employees with this clause will be considered by the FAA to be a material breach of the contract.
The obligations set forth in this clause survive the contract.
(end of clause)
3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)
Funds are not presently available for this contract. The FAA's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the FAA for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
3.3.1-11 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1996)
Funds are not presently available for performance under this contract beyond fiscal year 2017. The FAA's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the FAA for any payment may arise for performance under this contract beyond fiscal year 2017, until funds are made available to the Contracting
Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the
Contracting Officer.
(End of clause)
3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
(a) Definitions. As used in this clause
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the
DUNS number or the DUNS+4 number, into the SAM database.
"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number
(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and ZIP Code.
(iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the
SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled
Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the
Veteran Affairs website, https://www.vip.vetbiz.gov.
(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name
(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement
Guidance, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:
(A) change the name in the SAM database;
(B) comply with the requirements of AMS regarding novation and change-of-name agreements; and
(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of
Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.
(End of Clause)
3.3.1-36 AVAILABILITY OF FUNDS - OPTION PERIODS UNDER A CONTINUING RESOLUTION
(APR 2008)
Due to the possibility of the enactment of a continuing resolution in lieu of an annual appropriation, full fiscal year funding may not be available for an entire contract option period. In the event of a continuing resolution, FAA will only be liable for an amount based on the time period specified by the continuing resolution. The amount of funds made available by the continuing resolution will be specified by subsequent modification. If the contractor provides services in excess of the funded amount or beyond the covered period, the contractor does so at its own risk.
(End of Clause)
3.3.1-37 LIMITATION ON GOVERNMENT'S OBLIGATION (OCT 2011)
(a) Of the total price of contract line item number(s) (CLINs) 0001-0005, $TBD is presently available for payment and allocated to these CLINs.
(b) The Contractor agrees to perform on these CLINs up to the point at which, in the event of termination of this contract pursuant to the applicable "Termination for Convenience of the Government" clause, the total amount payable by the Government (including amounts payable in respect of subcontracts and settlement costs,) pursuant to paragraph (c) below, would in the exercise of reasonable judgment by the Contractor approximate the total amount currently allotted to the contract. The Contractor is not authorized to continue work on these CLINs beyond this point. The Government is not obligated to reimburse the Contractor in excess of the amount from time to time allotted to the contract, regardless of anything to the contrary in "Termination for Convenience of the Government."
(c) Funds presently allotted to this contract are estimated to cover the work to be performed until TBD. If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until this date, or an agreed substitute date, the Contractor must notify the Contracting Office in writing when within the next 30 days the work will reach a point at which, in the event of termination of this contract pursuant to "Termination for
Convenience of the Government," the total amount payable by the Government pursuant to paragraph (e) below, will approximate 85 percent of the total amount then allotted to the contract. The notice must state the estimated date when this point will be reached and the estimated amount of additional funds required to continue performance to the above or an agreed substitute date. The Contractor must, 30 days prior to the date above written or agreed substitute date, advise the Contracting Officer in writing as to the estimated amount of additional funds which will be required for the timely performance of the CLINs for a further period as may be specified in this clause or otherwise agreed to by the parties. If after this notification, additional funds are not allotted by the date above written or by an agreed substitute date, the Contracting Officer will, upon written request of the Contractor, terminate this contract on such date or the date set forth in the request, whichever is later, pursuant to "Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the CLINs, the parties will agree on the applicable period of contract performance that shall be covered by such funds. Paragraphs (b) and (c) above apply to the additional allotted funds and agreed substituted date and the contract will be modified accordingly.
(e) If the Contractor incurs additional costs, or is delayed in the performance of the work under this contract, solely by the reason of the failure of the Government to allot additional funds in amounts sufficient for the timely performance of this contract, and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the CLINs, in the time of delivery, or in both. Failure to agree to any such equitable adjustment hereunder shall be a dispute concerning a question of fact within the meaning of the "Contract Disputes" Clause.
(f) The Government may at any time prior to termination, and with the consent of the Contractor, after notice of termination, allot additional funds for this contract.
(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the
Government under the applicable AMS "Default" clause. The provisions of this clause are limited to the work on and allotment of funds for the CLIN(s) in paragraph (a) above. This clause no longer applies upon the allotment of funds for the total price of the CLINs except for rights and obligations existing under this clause.
(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to "Termination for Convenience of the Government." In the event of a conflict between this clause and any other term or condition of this contract, this clause will take precedence.
(End of clause)
3.6.2-14 EMPLOYMENT REPORTS ON VETERANS (JAN 2011)
(a) Unless the contractor is a State or local government agency, the contractor must report at least annually, as required by the Secretary of Labor, on:
(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans,
(2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans;
and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.
(b) The above items must be reported by completing the form titled 'Federal Contractor Veterans' Employment
Report VETS-100A.'
(c) Reports shall be submitted no later than September 30 of each year.
(d) The employment activity report required by paragraph (a)(2) of this clause must reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph
(a)(1) of this clause. Contractors may select an ending date: (1) As of the end of any pay period during the period
January through March 1st of the year the report is due, or (2) as of December 31, if the contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the
Employer Information Report EEO-1 (Standard Form 100).
(e) The count of veterans reported according to paragraph (a) of this clause must be based on data known to the contractor when completing the VETS-100A. .The Contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve the employer of liability for a determination under 38 U.S.C. 4212.
(f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of
$100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.
(End of clause)
3.6.2-29 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (APR 1996)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29
CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It Is Not a Wage Determination
Employee class Monetary Wage-Fringe Benefits
Fire Alarm System Mechanic $21.09
(End of clause)
3.14-2 CONTRACTOR PERSONNEL SUITABILITY REQUIREMENTS (JUL 2016)
1. No contractor employee, subcontractor, or consultant will be granted unescorted access without possessing a valid
FAA Identification Card.
2. Consistent with FAA Order 1600.72, the FAA Servicing Security Element (SSE) must approve designated risk levels for the positions under the contract. Those risk levels are:
Fire Alarm System Mechanic Level 1 (Low Risk)--BACKGROUND CHECK REQUIRED
(To be entered by the CO based on the OPM Position Designation Automated Tool (PD Tool))
3. For all contractor employees, subcontractors, or consultants requiring a FAA Identification Card, the contractor will:
a. Submit to the SSE a point of contact (POC) who will enter applicant data into the Vendor Applicant Process
(VAP) system (vap.faa.gov)
b. The Contractor's VAP POC is responsible for entering all contractor employee information into the system.
4. Authorization for the contractor to begin work will be an interim or final suitability notification from the SSE.
5. If an employee has had a previous U. S. Government conducted background investigation which meets, at the minimum, the investigative requirements FAA Order 1600.72 and Federal Information Processing Standards
Publication 201 (FIPS-201) series, it will be accepted by the FAA. However, the FAA reserves the right to conduct further investigations, if necessary.
a. If a prior investigation exists and there has not been a two-year break in service by the applicant, the SSE will notify the contractor that no investigation is required and that final suitability is approved.
b. The contract may include positions that are temporary, seasonal, or under escort only as defined by FAA Order
1600.72. (In such cases, an OPM Position Designation Tool (PD Tool) for each specific position will be established as the minimum investigative requirements may differ from the NACI.)
6. If no previous investigation exists, the SSE will:
a. Send the applicant an e-mail (this step may be delegated to VAP POC) stating that no previous investigation exists and the applicant must complete a form through the Electronic Questionnaires for Investigations Processing
(eQIP) system;
b. Instruct the applicant how to enter and complete the eQIP form;
c. Provide where to send/fax signature and release pages and other applicable forms;
d. Provide instructions regarding fingerprinting.
e. The applicant must complete the eQIP form and submit other required material within 15-calendar-days of receiving the e-mail from the SSE.
f. For items to be submitted outside eQIP, the contractor must submit the required information, referencing the contract number, as follows:
For Headquarters Contracts:
Manager, Contractor Operations Branch, AIN-420
800 Independence Avenue, S.W., Room 315
Washington, D.C. 20591
Regional and Center Contracts:
Attn: Chad Painter, ANM-700 Personnel Security Specialist (425) 227-2701
7. The CO will provide notice to the contractor within 24-hours after receipt of a determination that the contractor or its employee has not complied with any security related contract requirements, any security related FAA Order, or if a contractor employee's conduct is objectionable or contrary to the public interest, or inconsistent with the best interest of national security. The notice will instruct the contractor to remove its employee's access to FAA premises or networks, or otherwise remedy the contractor's performance.
8. The contractor must immediately comply with the CO direction to remedy its security performance at the contractor's expense, including removing the employee from FAA premises and networks. If the contractor employee is working under an interim suitability authorization, the contractor must take appropriate action, including the removal of the contractor employee form working on this FAA contract, at their own expense. Once action has been taken, the contractor will report the action via the VAP within the timeframe prescribed in paragraph
10 of this clause.
9. No contract employee will work in a high, moderate, or low risk position unless the SSE has authorized the contractor employee to begin work. This authorization comes only in the form of an Interim or Final Suitability e-mail/letter notification from FAA/ASH/SSE.
10. The Contractor must update the VAP within twenty-four (24) hours after any contractor employee is terminated/transferred from performance on the contract. If the FAA issued the contract employee an identification card, the contractor must collect the card and return it to the SSE within five-business-days of the employee's termination or transfer.
11. Monthly, the Contractor's VAP POC will request a report within the VAP that provides a list of all contractors for each contract the POC oversees. Within twenty-four (24) hours, the Contract VAP POC must correct the VAP to address any discrepancies identified in the monthly report.
12. After coordination with the SSE, the CO may require contractor employees to submit any other security information (including additional fingerprinting) deemed reasonably necessary to protect the interests of the FAA. In this event, the contractor must provide, or cause each of its employees to provide, such security information to the
SSE.
13. The contractor and/or subcontractor(s) must contact the CO, COR, SSE (Regional and/or Center Security
Divisions) or AIN-420 at Headquarters within one-business-day in the event an employee is arrested (i.e., taken into custody by law enforcement for any offenses, other than minor traffic offenses) or is involved in theft of government property or the Contractor becomes aware of any information that may raise a question about the suitability of a contractor employee.
14. Failure to submit information required by this clause within the time required may be determined by the CO a material breach of the contract, and may result in suspension or revoked access to FAA assets for the Contractor's employee.
15. If subsequent to the effective date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in direct contract costs or otherwise affect any other term or condition of this contract, the contract will be subject to an equitable adjustment.
16. The contractor…
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