SIR Section H.pdf

PART I – SECTION H – SIR #: DTFAWA-16-R-00016

PART I – SECTION H Page 1

H.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JULY 2011) (AMS 3.1-1)

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 (CO) 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)

H.2 CONTRACTOR WORK AND MANAGEMENT

The Contractor must perform and manage all work under this Contract in a skillful and professional manner. The Contractor is solely responsible for phasing, scheduling, and planning work under the Contract in order to meet all requirements within the established delivery schedule.

H.3 ELECTRONIC COMMERCE AND SIGNATURE (JULY 2013) (AMS 3.1.9-1)

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

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

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

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

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

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

d. The use of electronic signature technology is authorized under this solicitation and the resulting contract. Contractors may use the following means of electronic signature technology: “CO” to enter the means of electronic signature technology authorized to include PIN numbers or passwords, digital signatures, smart cards, etc.

(End of Clause)

H.4 CONFIDENTIALITY OF DATA AND INFORMATION (OCTOBER 2011) (AMS 3.13-15)

a. In the performance of this Contract, the Contractor, its Consultants and/or Subcontractors, may need access to information in the Government’s possession which is encumbered with restrictions on the Government’s rights to use or disclose, or that might preclude dissemination or use other than in the performance of this Contract. By reason of the foregoing, the Contractor agrees that any employee, subcontractor or consultant it uses will comply with all restrictive legends or markings on data, software, or information it uses, and further agrees to not:

(1) Knowingly disclose such data or information to others without written authorization from the Contracting Officer, unless the Government has made data or information has otherwise become available to the public; and http://conwrite.faa.gov/

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(2) Use for any purpose other than the performance of this Contract any data which bears a restrictive marking or legend. For the sole purpose of this clause, “information” means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form. Data processed in such a way that it can increase the knowledge of the person who receives it. Information is the output, or finished goods, of information systems.

b. In the event the work required to be performed under this Contract requires access to proprietary data of other companies, the Contractor must obtain agreement from such other companies for such use unless such data is provided or made available to the Contractor by the Government.

Two copies of any such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use of disclosure and other terms and conditions to be agreed upon between the parties thereto. It is agreed by the Contractor that any such data, whether obtained by the Contractor pursuant to the aforesaid agreement or from the Government, must be protected from unauthorized use or disclosure to any individual, corporation, or organization so long as it remains proprietary.

c. The Contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information, as required above. The Contractor must obtain from each employee engaged in any effort connected with this contract an agreement, in writing, which must in substance provide that such employee will not, during his/her employment by the Contractor or anytime thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual any trade secrets, confidential information, or proprietary/restricted data (to include Government "For Official Use Only") received in connection with the work under this contract. The Contractor shall provide the executed NDAs to the Contracting Officer after contract award as soon as practicable but not later than five (5) working days before the Post Award Conference.

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

e. The Contractor agrees to include the substance of this clause in all subcontracts awarded under this Contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that:

(1) The Contractor considers the application of the prohibition of this clause to be inappropriate and unnecessary in the case of a particular subcontract;

(2) The Contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition;

(3) Use of an alternate subcontract source would unreasonably detract from the quality of effort; and

(4) The Contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances. The Contractor shall provide the Contracting Officer the unwilling subcontractor’s reason for the unwillingness before an exception is considered by and potentially granted by the Contracting Officer.

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

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Contracting Officer 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.

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

H.5 RELEASE OF INFORMATION

The Contractor must not publish, permit to be published, or distribute for public consumption, any information, written or oral, concerning the results or conclusions made pursuant to the performance of this Contract, without the prior written consent of the Contracting Officer. If the Contractor wants to publish or distribute material produced pursuant to this Contract, the Contractor must furnish the CO an advance electronic copy for the CO’s evaluation. The CO’s decision to approve or disapprove publication or distribution is final.

H.6 GOVERNMENT ACCESS

Authorized Government employees and Government contractors may have access to the Contractor’s facilities upon reasonable notice or in case of emergency.

H.7 KEY PERSONNEL AND FACILITILES (MAY 1997) (AMS 3.8.2-17)

a. The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract.

b. Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the

Contractor shall notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

c. No diversion shall be made by the Contractor without the written consent of the Contracting

Officer.

d. The key personnel and/or facilities under this contract are:

Labor Category: Name:

1. Program Manager/Lead Engineer ________________________

2. Contract Administrator ________________________

3. Test Manager ________________________

4. Quality Assurance Lead ________________________

5. Configuration Management Lead ________________________

6. Integrated Logistic Support Lead ________________________

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H.8 EXERCISE OF OPTIONS

The Government may unilaterally exercise Option Years during the base period of the contract or the previous option year for a period not to exceed 12 months per option period.

H.9 INTERPRETATION OR MODIFICATION

No oral statement of any person and no written statement of anyone other than the CO or his/her designated, authorized representative, acting within the limits of the authority specified in such designation, may modify or otherwise affect any provision of this Contract.

H.10 GOVERNMENT-FURNISHED EQUIPMENT AND INFORMATION (GFE & GFI)

The Contractor is responsible for the proper care, maintenance, and use of GFE and GFI in its possession or control IAW sound industrial practice and the terms of the Contract, from the time of receipt until properly relieved of the responsibility. The removal of GFE and GFI to storage, or its contemplated transfer, does not relieve the Contractor of these responsibilities.

H.11 GOVERNMENT PROPERTY REPORTS

a. The Contractor must prepare an annual report of Government property in its possession and the possession of its subcontractors.

b. The Contractor must submit said report to the Contracting Officer not later than September 15th of each calendar year on Form DOT Form 4220.43, Contractor Report of Government Property.

H.12 INCORPORATION OF SECTIONS K, BY REFERENCE

Upon award of a Contract, Section K, Representations and Certifications, and Statements of Offerors (as completed by the Contractor) will be incorporated by reference in the Contract.

H.13 COMMERCIAL EQUIPMENT WARRANTY

a. The Contractor must provide its best commercial warranty for equipment furnished for the Contract. This warranty must include any warranties granted to the Contractor by its subcontractors or vendors regarding any line replaceable unit provided that the Contractor must remain principally liable to the Government to satisfy all warranties granted. With regard to any part and/or subscription for which any vendor or subcontractor offers the Contractor any warranty either broader in scope of protection or of greater duration than the warranty granted in the clause, the Contractor agrees to secure on behalf of the Government that broader warranty.

b. The warranty period will commence upon date of delivery to the Government or Contractor.

H.14 CONTRACT DATA ITEM SUBMISSION REQUIREMENTS

a. Days listed in the CDRL are calendar days. Regarding all CDRLs, if the delivery date falls on a Saturday or Holiday, which is on a day other than a Monday, the deliverable will be considered to have been received by the Government on the preceding workday. If the delivery date falls on a Sunday or a Monday holiday, the deliverable must be received on the following workday.

b. The Contractor must provide Contract Data Items in version compatible with Microsoft Office

2010 unless otherwise specified. The Contractor must embed any and all graphics, figures, and tables in the document. All pages must be 8.5 x 11 inches - exceptions include graphics or tables making content legible in hardcopy. The Microsoft Word format and page size requirement applies to all deliverables on the Contract Data Requirements List unless specifically modified in the CDRL.

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c. The Contractor must submit each CDRL as one file, unless file size or other conditions warrant establishing multiple files and submit the table of contents in the same file as the main body of the CDRL. All CDRL submissions must have a document control number and revision number, if applicable.

d. The Contractor must ensure that all CDRLs submitted are legible.

e. If alterations or attachments made pursuant to this clause increase the cost of maintenance or warranty, the Contractor may request an equitable adjustment in accordance with paragraph (b) of the “Changes--Cost Reimbursement” clause.

H.15 PERIOD FOR FAA REVIEW OF DOCUMENTS

Unless otherwise stated, the FAA requires 30-calendar days to review deliverable data items. Any comments resulting from the review must be incorporated by the Contractor and the revised data item re-submitted within the time specified in the applicable CDRL. The Contractor must schedule submission of technical documentation requiring review and approval accordingly to prevent adverse impact on other related work.

END OF SECTION H