SF-33 & RFO_DTFASA-17-R-00442.pdf
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SOLICITATION, OFFER AND AWARD
3. SOLICITATION TYPE1. CONTRACT NO. 2. SOLICITATION NUMBER
6. ISSUED BY CODE 7. ADDRESS OFFER TO (If other than Item 6)
5. REQUISITION/PURCHASE NUMBER
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"
NEGOTIATED BID (RFP)
SEALED BID (IFB)
4. DATE ISSUED
PAGE OF PAGES
1 53
C. E-MAIL ADDRESS
EXT.NUMBERAREA CODE
B. TELEPHONE (NO COLLECT CALLS)A. NAME
9. FOR
INFORMATION
CALL
CAUTION: LATE Submissions, Modifications and Withdrawals. All offers are subject to all terms and conditions contained in this solicitation.
(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the
SOLICITATION
8. Sealed offers in original and
PART IV - REPRESENTATIONS AND INSTRUCTIONS
OTHER STATEMENTS OF OFFERORS
EVALUATION FACTORS FOR AWARD
INSTR., CONDS., AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND
LIST OF ATTACHMENTS
CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
I
J
K
L
M SPECIAL CONTRACT REQUIREMENTS
CONTRACT ADMINISTRATION DATA
DELIVERIES OR PERFORMANCE
INSPECTION AND ACCEPTANCE
PACKAGING AND MARKING
DESCRIPTION/SPECS./WORK STATEMENT
SUPPLIES OR SERVICES AND PRICE/COST
SOLICITATION/CONTRACT FORM
PART II - CONTRACT CLAUSESPART I - THE SCHEDULE
H
G
F
E
D
C
B
A
SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)
10. TABLE OF CONTENTS
17. OFFER DATE16. SIGNATURE
SUCH ADDRESS IN SCHEDULE.
IS DIFFERENT FROM ABOVE - ENTER
14C. CHECK IF REMITTANCE ADDRESS
EXT.NUMBERAREA CODE
14B. TELEPHONE NUMBER
(Type or print)AND
ADDRESS
OF
OFFEROR
CODE FACILITY
15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER14A. NAME
DATEAMENDMENT NO.DATEAMENDMENT NO.
and related documents numbered and dated):
amendments to the SOLICITATION for offerors
(The offeror acknowledges receipt of
13. ACKNOWLEDGEMENT OF AMENDMENTS
CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT PAYMENT the designated point(s), within the time specified in the schedule.
by the offeror) from the date for receipt of offers specified above , to furnish any or all items upon which prices are offered at the price set opposite each item , delivered at
11. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted
NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period .
OFFER (Must be fully completed by offeror)
IMPORTANT - Award will be made on this Form, or by other authorized official written notice.
27. AWARD DATE
(Signature of Contracting Officer)
26. CONTRACT AUTHORITY
24. PAYMENT WILL BE MADE BY
25. NAME OF CONTRACTING OFFICER (Type or print)
CODE 23. ADMINISTERED BY (If other than Item 6)
ITEM
(4 copies unless otherwise specified)
22. SUBMIT INVOICES TO ADDRESS SHOWN IN21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
20. ACCOUNTING AND APPROPRIATION19. AMOUNT18. ACCEPTED AS TO ITEMS NUMBERED
AWARD (To be completed by CONTRACT AUTHORITY)
CODE
WS-17-0180305/23/2017
X
AAQ530ANM-AFN
FEDERAL AVIATION ADMINISTRATION
WESTERN SERVICE AREA
1601 LIND AVE SW
AAQ-530-ANM ACQUISITION GROUP
RENTON WA 98057
1700 PT 06/19/2017
Cynthia A. Tjelde 425 Cindi.Tjelde@faa.gov
227-2690
X
X
X
X
X
X
X
X
X
X
X
X
X
PAGE(S)
Cynthia A. Tjelde
DTFASA-17-R-00442
SF-33 FORM
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 53
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
DTFASA-17-R-00442
FURNISH ALL LABOR, MATERIALS, SERVICES,
EQUIPMENT, INSURANCE, LICENSES, PERMITS, AND FEES
IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE AND
LOCAL REGULATORY REQUIREMENTS NECESSARY TO
PERFORM FACILITY ASSESSMENTS FOR SPECIFIED FLIGHT
SERVICE STATION FACILITIES (FSS') IN ALASKA, IN
ACCORDANCE WITH THE CONTRACT CLAUSES AND SCOPE OF
WORK.
Delivery: 08/07/2017
Delivery Location Code: 5690A06M
5690A06M
690A06 DOT FAA AAL AJW W15E
OPS INFRASTRUCTURE ENG CNTR B
222 W 7TH AVE STOP 14
ANCHORAGE AK 995137504 US
Period of Performance: 07/05/2017 to 10/31/2017
0001 Site assessment for FSS facility in Barrow, AK.
Electronic & IT: 03
0002 Site assessment for FSS facility in Cold Bay, AK.
Electronic & IT: 03
0003 Site assessment for FSS facility in Illamna, AK.
Electronic & IT: 03
0004 Site assessment for FSS facility in McGrath, AK.
Electronic & IT: 03
0005 Site assessment for FSS facility in Palmer, AK.
Electronic & IT: 03
0006 Site assessment for FSS facility in Homer, AK.
Electronic & IT: 03
0007 Site assessment for FSS facility in Sitka, AK.
Electronic & IT: 03
Section B - Supplies or Services/Prices
Section B – Schedule
B001. PROPOSAL FOR LABOR RATES.
Provide hourly rates for all specific personnel for the Direct Labor Categories listed below in B002 - CLIN #001 AND B003 - CLIN #003. These fixed hourly rates shall include wages, overhead, general and administrative expense, and profit (fully burdened). If accepted, these rates are effective throughout the life of the contract.
B002. PROPOSAL FOR BASE WORK.
The price for B002 is for the base work and includes the facilities listed below. The composite total labor price for each labor category considers estimated hours as ‘hands-on’ hours (direct labor hours) similar to repair time-standards used in manufacturing and automotive repair industries. To determine the total composite price for each direct labor category, multiply the proposed direct hourly labor rate by the Government’s evaluated direct labor hours for each labor category. The total for each respective labor category shall be filled under CLIN #002 then add all totals for each labor category listed under CLIN #002 together and place that total under “Total Price for Base Work.”
Facilities Direct Labor
CLIN #001
Hourly Labor Rate ($/hour)
Government Estimate of ‘hands on’ direct labor hours (hrs)
CLIN #002
Total Labor Price ($)
Project Manager $_______________ 60 hours $_______________
Architect $_______________ 200 hours $_______________
Mechanical Engineer $_______________ 200 hours $_______________
Civil/Structural Engineer $_______________ 200 hours $_______________
Barrow Cold Bay Iliamna McGrath Homer Sitka
Electrical Engineer $_______________ 180 hours $_______________
TOTAL PRICE FOR BASE WORK: $_______________
B003. PROPOSAL FOR PALMER FSS OPTION. The price in B003 is an optional project element related to the work which may or may not be awarded at the Government’s option and WILL BE considered during evaluation of pricing.
Facility Direct Labor
CLIN #003
Hourly Labor Rate ($/hour)
Government Estimate of ‘hands on’ direct labor hours (hrs)
CLIN #004
Labor Price ($)
Project Manager $_______________ 10 hours $_______________
Architect $_______________ 30 hours $_______________
Mechanical Engineer $_______________ 30 hours $_______________
Civil/Structural Engineer $_______________ 30 hours $_______________
OPTION:
Palmer
Electrical Engineer $_______________ 20 hours $_______________
TOTAL OPTION PRICE: $_______________
B004. PROPOSAL FOR TOTAL EVALUATION PRICE. Add the price for base work to the option price and put the total under “Total Evaluation Price.”
TOTAL PRICE FOR BASE WORK: $___________________________
TOTAL OPTION PRICE: $___________________________
CLIN #005 - TOTAL EVALUATION PRICE: $___________________________
Note: CLIN #005 - TOTAL EVALUATION PRICE will be the price considered for evaluation purposes. In accordance with AMS 3.2.4-31 Evaluation of Options (April 1996), except when it is determined not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.
Evaluation of options will not obligate the Government to exercise the option(s).
The FAA will award a single Time and Materials (T&M) contract not-to-exceed $250,000 for the base work (the facilities listed under B002).
Should the Government choose to exercise the option; the not-to-exceed ceiling amount will be raised to $275,000, in writing, by the Contracting Officer.
The Government will not consider an offer valid unless all CLIN items under B001, B002, B003 and B004 are fully completed.
Clause List
B005. INSURANCE
(a) During the term of this contract and any extension, the contractor shall maintain at its own expense the insurance required by this clause. Insurance companies shall be acceptable to the Federal Aviation Administration. Policies shall include all terms and provisions required by the Federal Aviation Administration.
(b) The contractor shall maintain and furnish evidence of the following insurance, with the stated minimum limits:
(1) Worker's Compensation and Employer's Liability. The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. The contractor shall maintain employer's liability coverage of at least $100,000, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(2) General Liability. The contractor shall maintain bodily injury general liability insurance written on a comprehensive form of policy of at least $100,000 per person and $500,000* per occurrence.
Property damage limits, if any, will be set forth elsewhere in the 'Schedule.'
(3) Automobile Liability. If automobiles will be used in connection with performance of this contract, the contractor shall maintain automobile liability insurance written on a comprehensive form of policy with coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.
B006. PRICES/COSTS FOR SERVICES
Furnish all labor, materials, equipment, transportation, insurance, security notifications, submittals, licenses, permits, fees and supervision necessary for the work to Perform Facility Assessments for Specified Flight Service Station Facilities in Alaska in accordance with the specifications (surveys scope), drawings, and contract clauses.
The offered price shall encompass all costs related to (a) direct and indirect labor, fringe benefits, overhead, G&A expenses, profit, material, equipment, other direct costs, insurance, freight, handling, transportation, inspection, testing, operation and maintenance manuals, bonds, etc., (b) federal, state, and local taxes, (c) all applicable fees permits, licenses, and (d) any miscellaneous charges.
An offeror is required to provide a price for each contract line item (CLIN). Failure to comply may result in the rejection of the subject offer. A single award shall be made. There shall be no split award. In the event that the CLIN price for any line item is materially unbalanced, the entire offer may be rejected without discussion with the offeror.
In the event of any disparity between the CLIN price and the total offered price, the CLIN price shall be deemed correct, and the total offered amount shall be revised accordingly, unless available information indicates otherwise.
Effective April 1, 1996, the Federal Aviation Administration (FAA) began operating under the new FAA Acquisition Management System. The l996 DOT Appropriation Act, Public Law 104-50, mandated that the FAA rewrite its acquisition regulations and granted legislative relief from certain laws. The Federal Acquisition Regulations (FAR), Federal Acquisition Streamlining Act of 1994, Small Business Act, and Competition in Contracting Act, are three of these laws.
(End of Clause)
B007. SOLICITATION QUESTIONS
All contractors proposing this project desiring an interpretation or clarification of the specifications, drawings, contract terms and conditions, etc., must make the request by e-mail to cindi.tjelde@faa.gov. Telephone questions will not be accepted. The requestor shall provide a company name, point-of -contact name, address and telephone number, as well as a return e-mail address or FAX number. The Contracting Officer is the only person authorized to make clarifications, interpretations, or changes to this solicitation.
QUESTIONS ARE DUE by: Tuesday, June 6, 2017 at 5:00 p.m. Pacific Time.
(End of Clause)
B008. TIERED EVALUATION
A tiered evaluation of offers will be used in the source selection for this contract, see Part IV, Section M for details.
(End of Clause)
The remainder of this page has been intentionally left blank.
mailto:cindi.tjelde@faa.gov
Section C - Description/Specifications
Scope of Work
See Attachment #1- Final FSS FC Surveys Scope dated May 15, 2017, which is fully incorporated into this contract.
Section D - Packaging and Marking
Clause List
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)
3.10.4-5 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (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)
3.10.1-24 NOTICE OF DELAY (MAR 2009)
3.8.2-22 SUBSTITUTION OR ADDITION OF PERSONNEL (OCT 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 entire duration of the entire contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.
(b) If an individual becomes, for whatever reason, unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or is expected to devote substantially less effort to the planned work, the Contractor must propose a substitute personnel as required by paragraph (4) below.
(3) Addition of Personnel. If an FAA requirement will increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract, then the Contractor must notify the Contracting Officer to add personnel to the designated labor category. The Contractor must request added personnel as required by paragraph (4) below.
(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least 30 calendar days (if a security clearance must be obtained, at least 40 calendar days 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)
F001 NOTICE TO PROCEED
The Contractor shall not initiate work under this contract until it has received a Notice to Proceed (NTP) in writing from the Contracting Officer.
Section G - Contract Administration Data
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)
3.10.1-22 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)
G001. CORRESPONDENCE
The contracting officer prefers to receive written communication and documents electronically via email at cindi.tjelde@faa.gov. All email correspondence to the FAA must state the contract number in the 'Subject' field. Electronic documents must be accompanied by an explanatory email and should be sent in a portable-document-format type file (file extension pdf), such as Adobe Acrobat.
Vendors are required to ensure that the quality of the administrative content in electronic files represents a reasonably high business standard. The Government is not responsible for the administrative ordering or legibility of correspondence received electronically. Emailed files/documents may not be in a zipped format. If electronic file sizes (i.e., typically expressed as kilobytes or megabytes) are too large for email attachments, recommend delivery in compact disk (CD) format submitted via hard-copy mail. Any CD mailing or printed-paper, hard-copy correspondence will be sent to the contracting officer at the following address.
Federal Aviation Administration Attn: Cindi Tjelde, AAQ-530 1601 Lind Ave SW Renton, WA 98057 mailto:cindi.tjelde@faa.gov
(End of Clause)
G002. INVOICE SUBMISSION
The Contractor shall submit certified requests for payment concurrently to both the COR and the contracting officer. Instructions for submitting invoices and related correspondence to the contracting officer are described in contract clause SA.36, above. The contractor is responsible for contacting the COR to determine their preferred method of correspondence.
When requesting payment for work, The Contractor is required to provide all supportive backup documentation supporting any T&M activities requested. Total payments shall not exceed the ceiling contract price.
(End of Clause)
G003. SUBCONTRACT ACKNOWLEDGMENT
Within ten (10) days after contract award of any tier subcontract for performance or work at the construction site, the contractor shall deliver to the Contracting Officer an executed SF 1413, Statement and Acknowledgment form by which the contractor and the subcontractor acknowledge that the labor standards clauses of this contract have been included in the subcontract and in any lower tier subcontract awarded for work under this contract [also reference contract clause 3.6.2- 22 Subcontracts (Labor Standards)]. The contractor may request this form from the Contracting Officer. Nothing contained in this contract shall create any contractual relation between a subcontractor and the Government.
Section H - Special Contract Requirements
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)
3.1.9-1 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 signatures or signed and scanned signatures for email transmission.
(End of Clause)
3.8.2-17 KEY PERSONNEL AND FACILITIES (MAY 1997)
(a) The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract.
(b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the Contractor shall notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.
(c) No diversion shall be made by the Contractor without the written consent of the Contracting Officer.
(d) The key personnel and/or facilities under this contract are:
Project Manager, Architect, Mechanical Engineer, Civil/Structural Engineer, Electrical Engineer.
(End of clause)
3.13-15 CONFIDENTIALITY OF DATA AND INFORMATION (NOV 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 should 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 FAA reserves the right to audit the deletion. The FAA 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)
H001. LABOR CATEGORIES
The contractor will provide fully burdened hourly rates in their hourly rates as described on the Offer Schedule in Section B001. No additional markups (pools) are authorized in invoices. The hourly rates established at the time the contract is awarded will not increase throughout the entire duration of the contract.
Substitution or addition of personnel. For the entire duration of contract performance, the Contractor shall not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer. Any changes additional or substitution of personnel that must be made in accordance with AMS clause 3.8.2-22 shall be made in writing to the Contracting Officer on company letterhead. Those changes that have been approved by the CO will be incorporated into the contract via a formal contract modification.
Project Manager
Contractor shall designate a Project Manager (PM). The Project Manager shall be an employee of the contractor. The PM shall be the single point of contact for the project, which shall be responsible for management and execution of the work in accordance with approved statement of work, approved work plans, and all federal, state, and local laws and regulations. The PM shall coordinate with the client’s Project Engineer to ensure that all site activities are planned and executed in a safe and cost efficient manner. The PM shall also maintain close communication and reporting. The PM may be an engineer or architect as established below. PM shall have, as a minimum, an undergraduate degree in engineering, architecture, or science, and have at least five (5 years’ experience as project manager and/or project engineering.
Architect
Architect is responsible for professional architecture work in standard commercial buildings. The Architect shall have an undergraduate degree in an architecture discipline and minimum 3 years’ experience with discipline specific projects. A Master's degree may be substituted for two (2) years’ experience. Architect must be licensed to practice as an Architect in the State of Alaska.
Civil/Structural Engineer
Engineer is responsible for professional engineering work in the fields of civil/structural engineering. The Engineer shall have an undergraduate degree in the specific engineering discipline required and minimum of three (3) years’ experience with discipline specific projects. A Master’s degree may be substituted for one (1) years’ experience. Engineer must be licensed to practice in the State of Alaska.
Note regarding civil/structural engineering: For the purpose of this project, the FSS (Flight Service Station) buildings are not air traffic control centers, aviation control towers or critical national defense systems under 12 AAC 36.990(44). AAC stands for Alaska Administrative Code.
Electrical Engineer
Electrical Engineer is responsible for professional engineering work in the field of electrical engineering. The Engineer shall have an undergraduate degree in the specific engineering discipline required and minimum of three (3) years’ experience with discipline specific projects. A Master’s degree may be substituted for one (1) years’ experience. Engineer must be licensed to practice in the State of Alaska.
Mechanical Engineer
Mechanical Engineer is responsible for professional engineering work in the field of mechanical engineering. The Engineer shall have an undergraduate degree in the specific engineering discipline required and minimum of three (3) years’ experience with discipline specific projects. A Master’s degree may be substituted for one (1) years’ experience. Engineer must be licensed to practice in the State of Alaska.
H002. TRAVEL COSTS
It may be necessary for the Contractor to travel during the Contract performance period. In accordance with FAA's AMS T3.3.2 Contract Cost Principles, costs incurred by Contractor personnel on official company business are allowable. Costs for transportation may be based on mileage rates;
actual costs incurred, or on a combination thereof, provided the method used results in a reasonable charge. Costs for lodging, meals, and incidental expenses may be based on per diem, actual expenses, or a combination thereof, provided the method used results in a reasonable charge.
These costs, will be allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the -I) Federal Travel Regulations, for travel in the conterminous 48 United States; and, 2) Joint Travel Regulations for travel in Alaska, Hawaii, the Commonwealth of Puerto Rico, and territories and possessions of the United States.
General and Administrative (G & A) expenses may be applied to travel expenses, but application of fee/profit is not authorized.
H003. TRAVEL TO ILIAMNA FLIGHT SERVICE STATION
Air travel to the Iliamna Flight Service Station will be on either single engine propeller aircraft or twin engine propeller light aircraft. Contractor must be able to travel on these type of aircrafts.
H004. SUBCONTRACTOR RATES
Equivalent Subcontractor labor categories shall not exceed the highest hourly rates (including overhead and direct) established for the prime contractor. The Contractor will ensure that all terms and conditions of this Contract are incorporated into all agreements with their subcontractors.
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)
3.1.7-4 ORGANIZATIONAL CONFLICT OF INTEREST - MITIGATION PLAN REQUIRED (APR
2012)
3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (MAR 2009)
3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)
3.2.2.3-40 PRECONTRACT COSTS (JUL 2004)
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)
3.2.4-5 ALLOWABLE COST AND PAYMENT (JAN 2016)
3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)
3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.2.5-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)
3.3.1-5 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (MAY
2001)
3.3.1-7 LIMITATION ON WITHHOLDING OF PAYMENTS (MAY 1997)
3.3.1-10 AVAILABILITY OF FUNDS (APRIL 2014)
3.3.1-15 ASSIGNMENT OF CLAIMS (APR 1996)
3.3.1-17 PROMPT PAYMENT (JAN 2017)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT
2012)
3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT
(AUG 2012)
3.3.1-39 FUNDING - TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (JAN 2015)
3.3.2-1 FAA COST PRINCIPLES (JAN 2016)
3.4.1-7 NOTICE TO PROCEED (APR 1996)
3.4.1-12 INSURANCE (JUL 1996)
3.5-1 AUTHORIZATION AND CONSENT (JAN 2009)
3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JAN
2009)
3.5-3 PATENT INDEMNITY (JAN 2009)
3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED, AND
SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS CONCERNS (MAR 2009)
3.6.1-4 SMALL, SMALL DISADVANTAGED, WOMEN-OWNED AND SERVICE-DISABLED
VETERAN OWNED SMALL BUSINESS SUBCONTRACTING PLAN (AUG 2012)
3.6.1-7 LIMITATIONS ON SUBCONTRACTING (APR 2016)
3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (OCT 2016)
3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATION
(JAN 2012)
3.6.2-2 CONVICT LABOR (APR 1996)
3.6.2-9 EQUAL OPPORTUNITY (AUG 1998)
3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (JAN 2011)
3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)
3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1996)
3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (AUG 1998)
3.6.2-39 TRAFFICKING IN PERSONS (OCT 2015)
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)
3.6.3-21 EFFICIENCY IN WATER CONSUMING PRODUCTS AND SERVICES (OCT 2016)
3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)
3.6.3-24 ASBESTOS NESHAP COMPLIANCE (OCT 2015)
3.6.4-2 BUY AMERICAN ACT - SUPPLIES (OCT 2014)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.7-1 PRIVACY ACT NOTIFICATION (NOV 2016)
3.7-2 PRIVACY ACT (NOV 2016)
3.9.1-1 CONTRACT DISPUTES (OCT 2011)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1996)
3.10.1-3 PENALTIES FOR UNALLOWABLE COSTS (OCT 1996)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-14 CHANGES - TIME AND MATERIALS OR LABOR HOURS (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)
3.10.2-3 SUBCONTRACTS (TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS) (APR
1996)
3.10.2-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (APR
1996)
3.10.3-1 DEFINITIONS (APR 2012)
3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2012)
3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2012) - ALTERNATE II (APR 2004)
3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (OCT 2014)
3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (OCT 2014) - ALTERNATE IV (JAN 2015)
3.10.6-7 EXCUSABLE DELAYS (OCT 1996)
3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)
3.13-11 PLAIN LANGUAGE (JUL 2006)
3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)
3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(OCT 2012)
3.14-3 FOREIGN NATIONALS AS CONTRACTOR EMPLOYEES (APR 2014)
3.14-5 SENSITIVE UNCLASSIFIED INFORMATION (SUI) (JUL 2013)
3.2.4-34 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)
3.3.1-5 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (MAY
2001) - ALTERNATE II (OCT 1996)
If a labor-hour contract is contemplated, and if no specific reimbursement for materials furnished is intended, the Contracting Officer may add the following paragraph (h) to the basic clause:
The Government shall pay the Contractor as follows upon the submission of invoices or vouchers approved by the Contracting Officer:
(a) Hourly rate.
(1) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the "Schedule" by the number of direct labor hours performed. The rates shall include wages, indirect costs, general and administrative expense, and profit. Fractional parts of an hour shall be payable on a prorated basis. Vouchers may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer), to the Contracting Officer or designee. The Contractor shall substantiate vouchers by evidence of actual payment and by individual daily job timecards, or other substantiation approved by the Contracting Officer. Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise provided in this contract, and subject to the terms of (e) below, pay the voucher as approved by the Contracting Officer.
(2) Unless otherwise prescribed in the "Schedule", the Contracting Officer shall withhold 5 percent of the amounts due under this paragraph (a), but the total amount withheld shall not exceed $50,000. The amounts withheld shall be retained until the execution and delivery of a release by the Contractor as provided in paragraph (f) below.
(3) Unless the "Schedule" prescribes otherwise, the hourly rates in the "Schedule" shall not be varied by virtue of the Contractor having performed work on an overtime basis. If no overtime rates are provided in the "Schedule" and they are required for overtime work that is approved in advance by the Contracting Officer, overtime rates shall be negotiated. Failure to agree upon these overtime rates shall be treated as a dispute. If the "Schedule" provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.
(b) Materials and subcontracts.
(1) Allowable costs of direct materials shall be determined by the Contracting Officer in accordance with the Federal Aviation Administration's (FAA) "Contract Cost Principles" in effect on the date of this contract. Reasonable and allocable material handling costs may be included in the charge for material to the extent they are clearly excluded from the hourly rate. Material handling costs are comprised of indirect costs, including, when appropriate, general and administrative expense allocated to direct materials in accordance with the Contractor's usual accounting practices consistent with FAA "Contract Cost Principles." The Contractor shall be reimbursed for items and services purchased directly for the contract only. Direct materials, as used in this clause, are those materials which enter directly into the end product, or which are used or consumed directly in connection with the furnishing of the end product.
(2) The cost of subcontracts that are authorized under the subcontracts clause of this contract shall be reimbursable costs under this clause; provided, that the costs are consistent with subparagraph
(3) below. Reimbursable costs in connection with subcontracts shall be limited to the amounts incurred by the subcontractor in the same manner as for items and services purchased directly for the contract under subparagraph (1) above; however, this requirement shall not apply to a Contractor that is a small business concern. Reimbursable costs shall not include any costs arising from the letting, administration or supervision of performance of the subcontract, if the costs are included in the hourly rates payable under (a)(1) above.
(3) To the extent able, the Contractor shall-
(i) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and
(ii) Take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of the benefits, the Contractor shall promptly notify the Contracting Officer and give the reasons. Credit shall be given to the Government for cash and trade discounts, rebates, allowances, credits, salvage, the value of any appreciable scrap, commissions, and other amounts that have accrued to the benefit of the Contractor, or would have accrued except for the fault or neglect of the Contractor. The benefits lost without fault or neglect on the part of the Contractor, or lost through fault of the Government, shall not be deducted from gross costs.
(c) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the "Schedule" and the Contractor agrees to use its best efforts to perform the work specified in the "Schedule" and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the "Schedule", the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during performing this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performing this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.
(d) Ceiling price. The Government shall not be obligated to pay the Contractor any amount in excess of the ceiling price in the "Schedule", and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the "Schedule", unless and until the Contracting Officer shall have notified the Contractor in writing that the ceiling price has been increased and shall have specified in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the "Schedule" has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.
(e) Audit. At any time before final payment under this contract the Contracting Officer may request audit of the invoices or vouchers and substantiating material. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices or vouchers, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. Upon receipt and approval of the voucher or invoice designated by the Contractor as the completion voucher or completion invoice and substantiating material, and upon compliance by the Contractor with all terms of this contract (including, without limitation, terms relating to patents and the terms of (f) and (g) below), the Government shall promptly pay any balance due the Contractor. The completion invoice or voucher, and substantiating material, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.
(f) Assignment. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:
(1) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement by the Contractor.
(2) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 2 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.
(3) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.
(g) Refunds. The Contractor agrees that any refunds, rebates, or credits (including any related interest) accruing to or received by the Contractor or any assignee, that arise under the materials portion of this contract and for which the Contractor has received reimbursement, shall be paid by the Contractor to the Government.
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