ATIS Section H.pdf

DTFAWA-17-R-00032

PART I – SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. AMS CLAUSES 3.1.1 CLAUSES INCORPORATED BY REFERENCE (JULY

2011) This Screening Information Request (SIR) incorporates by reference the provisions or clauses listed below with the same force and effect as if they were provided in full text. The full text of the clauses included in this section is available to view at http://conwrite.faa.gov/.

H.2. AMS 3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JULY 2013)

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

1. Contracts written on paper and contracts in electronic form;

2. Pen-and-ink signatures and electronic signatures; and

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

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

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

d. The use of electronic signature technology is authorized under this solicitation and the resulting contract. Contractors may use the following means of electronic signature technology: digital signatures and date stamp.

(End of Clause)

H.3. REIMBURSEMENT FOR TRAVEL

The contractor will be reimbursed for allocable, allowable, and reasonable travel expenses that are required, approved, and incurred by Contractor personnel traveling outside the commuting range of their assigned work location in performance of this contract.

a. Travel must be funded under the contract/order and then authorized in advance by the

Contracting Officer (CO) before travel costs are incurred and charged as a direct contract cost. All travel-related expenses claimed for reimbursement must be separately identified by individual, by trip. The Contractor must submit proof of its actual purchase price for commercial transportation, lodging, and any other items for reimbursement at actual cost.

Unless directed otherwise, in writing, by the CO, subsistence cost (meals and incidental expenses) will be billed and paid on the per diem basis specified below.

b. Government reimbursements for claimed travel costs, including per diem, will be made in accordance with the Federal Travel Regulations (FTR) and General Services Administration (GSA) schedule. Reimbursement for common-carrier fares will be limited to actual cost of the lowest economy, standard, coach, or equivalent fare offered during normal business hours, plus customary agent fees. Any other common-carrier charges, reimbursement for http://conwrite.faa.gov/ private or corporate air travel, or use of rental cars must be included in an advanced written authorization to travel. Expenses for transportation by private or corporate vehicles must be reimbursed on a mileage basis at the transportation rates specified in the FTR and FAA Acquisition Management System (AMS) contract cost principles for travel costs, or at the total constructive cost of common carrier transportation, whichever is more advantageous to the Government.

c. The Contractor is not entitled to reimbursement for any travel costs associated with

Contractor-directed personnel changes, personnel/labor disputes, for employee convenience, or for travel to and from the normal assigned work locations. All claims for reimbursement are subject to the cost principles contained in the FAA's Acquisition Management System.

d. Travel costs for transportation, lodging, per diem or subsistence, and other related expenses will not be burdened by any profit or indirect costs, with the exception of a nominal handling charge.

H.4. WARRANTY

The Contractor must provide a two (2) year warranty on all ATIS systems, including design defects, upgrades, and spare parts. The warranty period begins upon FAA acceptance of the system and spare parts package provided with the ATIS System. The warranty covers failures that are the result of design defects and defects in materials and workmanship and shipping and installation on each ordered ATIS system and set of spares.

H.5. INTERPRETATION OF CONTRACT (NOTICE OF AMBIQUITIES)

No oral or written statement of anyone other than the Contracting Officer, or his/her designated authorized representative, acting within the limits of the authority specified in such designation, will modify or otherwise affect any provision of this contract. All requests for interpretation or modification must be made in writing to the Contracting Officer.

This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral will be considered to change, modify, or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language, but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

The Contractor is obligated to exercise due diligence to discover and bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with such obligations may be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

H.6. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS

The Contractor and its subcontractors must provide immediate notice to the CO in the event of being suspended, debarred, or declared ineligible by any Federal Government Agency or Department, or upon receipt of a notice of proposed debarment from any Federal Government Agency or

Department during the performance of this contract.

H.7. DISSEMINATION OF CONTRACT INFORMATION

The Contractor cannot publish, permit to be published, or distribute for public consumption any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. This statement includes seminars, professional society meeting/conferences, and meetings with foreign dignitaries from both government and the private sector. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer. The following schedule is established as a guideline for the Contractor when requesting consent (calendar days):

• Written information - 15 calendar days

• Oral information - 15 calendar days

• Congressional information – 10 calendar days

Any Contractors’ proposals for prospective work, exclusive of this contract, for which the Contractor may employ information generated in the performance of this contract, the Contractor is required only to notify the Contracting Officer of its intent to submit a proposal. Such notification must include a brief description of the requirement for which the Contractor is proposing and indicate the Government or business entity to which the proposal is being submitted.

H.8. RELATIONSHIPS, INTERPRETATIONS, AND MODIFICATIONS

The Contractor must provide support to the Government by completing work within the Statement of Work and as assigned under this contract. The Contractor must not provide technical direction of, or assume the Government's responsibility, under any programs. Although the effort under this contract may include recommendations to the Government, specific Government approval and action will be necessary before such recommendations can become effective. The Contractor's efforts must not be binding on other Government contractors. The Contractor must not take any action with respect to other contractors which causes any change in their contract scope of work, cost, or scheduling.

No oral statement of any person, and no written statement of anyone other than the Contracting Officer or the COR, acting within the limits of the authority specified in such designation, will modify or otherwise affect any provision of this contract.

H.9. CONTRACT ACQUIRED PROPERTY

Title to material, equipment, and property that the Contractor is authorized to purchase under this contract as a direct cost to the Government must pass to and vest in the Government upon receipt of the equipment or property by the contractor. This property will be controlled in accordance with AMS Clause 3.10.3-2, Government Property (October 2014). Inspection and acceptance provisions for this property will be identified at the time the purchase is authorized.

H.10. PERSONAL SERVICES/ INHERENTLY GOVERNMENT FUNCTION

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

The Contractor must not perform any inherently governmental actions under this contract. No Contractor employee must hold him or herself out to be a FAA employee, agent or representative.

No Contractor employee will state orally or in writing at any time that he or she is acting on behalf of the FAA. In all communications with third parties in connection with this contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work.

In all communications with other Government contractors in connection with the contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

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

H.11. REPRESENTATIONS AND CERTIFICATIONS

Representations and Certifications provided in Section K and as executed by the Contractor are incorporated herein by reference and made a part of the contract.

H.12. FAA FACILITY REGULATIONS

Contractor personnel, including employees of subcontractors, suppliers, etc., working or visiting an FAA facility, must abide by all appropriate traffic, parking, security, and airport regulations in effect at that facility.

H.13. RESTRICTIONS ON PRINTING AND DUPLICATION

a. The Congressional Joint Committee on Printing does not intend that contractors become prime or substantial sources of printing for department or agencies. Therefore, the inclusion of printing, as defined in this paragraph, within contracts for the manufacture and/or operation of equipment and for services such as architectural, engineering and research, is prohibited unless authorized by the Joint Committee on Printing.

b. This regulation does not preclude the procurement of writing, editing, preparation of manuscript copy, or preparation of related illustrative materials as part of the contract; or administrative printing, e.g., forms and instruction materials necessary to be used by the Contractor to respond to the terms of a contract. Nor does it preclude recording manuscript copy in digital form for typesetting purposes provided coding instructions have been approved by the Central Printing and Publications Management Office. However, the printing of such material for the Government must be accomplished in accordance with printing laws and regulations.

c. A requirement for a Contractor to duplicate less than 5,000 units of only one page, or less than 25,000 units in the aggregate of multiple pages for the use of a department or agency will not be deemed to be printing primarily or substantially for a department or agency.

d. A requirement for a contractor to produce or procure less than 2,500 duplicates from original microform will not be deemed to be printing primarily or substantially for a department or agency.

e. When printed materials required to be furnished under this contract exceed the production unit limits or is otherwise not permitted as specified above, the Contractor must furnish such material with unjustified margins in clear typed text, on one side only, as well as line drawings and photographs which are suitable for camera-ready copy for offset printing.

f. The restrictions set forth above apply to each individual document and are not cumulative under the terms of the contract.

g. All printing funded under this contract must be done in conformance with Joint Committee on Printing regulations as prescribed in Title 44, United States Code, and Section 308 of P.L.

101-163, and all applicable Government Printing Office and DOT regulations.

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