ASIS 2 CCA SIR - Updated - Amendment 0001.docx
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- ASR-9 Serial Interface System (ASIS) 2 Circuit Card Assembly (CCA) SIR Federal contract opportunity
- Solicitation number
- DTFAWA-17-R-00033
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ASIS 2 CCA SIR - Updated - Amendment 0001 (docx)
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SOLICITATION, OFFER AND AWARD
| 1. | THIS CONTRACT IS A RATED ORDER |
| RATING | |
| PAGE | |
| OF PAGES |
| |_| Yes |_| No | |
| 1 | |
| 49 |
| 2. CONTRACT NO. |
| 3. SOLICITATION NO. |
| 4. THIS IS A: |
| 5. DATE ISSUED |
| 6. REQUISITION/PURCHASE NO.. |
| DTFAWA-17-R-00033 |
| SMALL BUSINESS SET-ASIDE |
|X| YES |_| NO
| 7. ISSUED BY: |
| 8. ADDRESS OFFER TO (If other than Block 7) |
Federal Aviation Administration Craig Mayo, AAQ-210 Contracting Officer Room 4W42HS 600 Independence Avenue, S.W.
Washington, D.C.20591 See Section L.10 Submission of Offerors’ Proposals
SOLICITATION
9. Offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place in the depository specified in
| Item 8, or if hand-carried located in |
| See Section L.10 Submission of Offerors’ Proposals |
| until |
| local time |
| (Hour) |
| (Date) |
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L.
| 10. FOR INFORMATION |
| A. NAME |
| B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) |
| CALL: |
11. TABLE OF CONTENTS
| (X) |
| SEC |
| DESCRIPTION |
| PAGE(S) |
| (X) |
| SEC |
| DESCRIPTION |
| PAGE(S) |
| PART I - THE SCHEDULE |
| PART II - CONTRACT CLAUSES |
| |_| |
| A |
| SOLICITATION/CONTRACT FORM |
| |X| |
| I |
| CONTRACT CLAUSES |
| |X| |
| B |
| SUPPLIES OR SERVICES AND PRICES/COSTS |
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.
| |X| |
| C |
| DESCRIPTION/SPECS/WORK STATEMENT |
| |X| |
| J |
| LIST OF ATTACHMENTS |
| |X| |
| D |
| PACKAGING AND MARKING |
PART IV - REPRESENTATIONS AND INSTRUCTIONS
| |X| |
| E |
| INSPECTION AND ACCEPTANCE |
| |X| |
| K |
| REPRESENTATIONS, CERTIFICATIONS AND |
| |X| |
| F |
| DELIVERIES OR PERFORMANCE |
OTHER STATEMENTS OF OFFERORS
| |X| |
| G |
| CONTRACT ADMINISTRATION DATA |
| |X| |
| L |
| INSTRS., CONDS., AND NOTICES TO OFFERORS |
| |X| |
| H |
| SPECIAL CONTRACT REQUIREMENTS |
| |X| |
| M |
| EVALUATION FACTORS FOR AWARD |
OFFER (must be fully completed by Offeror)
12. In compliance with the above, the undersigned agree, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted 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 the designated point(s), within the time specified in the schedule.
| 13. | DISCOUNT FOR PROMPT PAYMENT |
| 10 CALENDAR DAYS | |
| 20 CALENDAR DAYS | |
| 30 CALENDAR DAYS | |
| CALENDAR DAYS |
| (See Section I, Clause No. 3.3.1-6) | |
| % | |
| % | |
| % | |
| % |
| 14. ACKNOWLEDGMENT OF AMENDMENTS |
| AMENDMENT NO. |
| DATE |
| AMENDMENT NO. |
| DATE |
| (The Offeror acknowledges receipt of amendments |
| to the SOLICITATION for Offerors and related |
| documents numbered and dated) |
15A.. NAME
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
| AND | |
| ADDRESS | |
| OF | |
| OFFEROR |
OFFER (Type or print)
15B. TELEPHONE NO. (Include area code)
| 15C. | CHECK IF REMITTANCE ADDRESS | |
| IS DIFFERENT FROM ABOVE - ENTER | ||
| |_| | SUCH ADDRESS IN SCHEDULE | |
| 17. SIGNATURE | ||
| 18. OFFER DATE |
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED
20. AMOUNT
21. ACCOUNTING AND APPROPRIATION DATA
| 22. RESERVED | |
| 23. | SUBMIT INVOICES TO ADDRESS SHOWN IN |
| (4 copies unless otherwise specified) | |
| ITEM |
| 24. ADMINISTERED BY (if other than item 7) |
| 25. PAYMENT WILL BE MADE BY |
| See G.3 Invoicing and Payment |
| 26. NAME OF CONTRACTING OFFICER (Type or print) |
| 27. UNITED STATES OF AMERICA |
| 28. AWARD DATE |
| Craig Mayo (AAQ-210) |
SECTION B
SUPPLIES/SERVICES
Airport Surveillance Radar Model 9 (ASR-9) SERIAL INTERFACE SYSTEM (ASIS) II Circuit Card Assembly (CCA) National Stock Number (NSN) – 5998-01-475-7691
| CONTRACT LINE ITEM NUMBER (CLIN) |
| DESCRIPTION |
| QUANTITY/UNIT |
| FIXED PRICE/UNIT |
| TOTAL |
| 0001 |
| First Article |
| 20 |
| $ |
| $ |
| 0002 |
| Production Quantity |
| 250 |
| $ |
| $ |
| 0003 |
| FAT Plan |
| 1 |
| $ |
| $ |
PART I - SECTION C
SCOPE OF WORK
C.1 Specifications, Drawings, Modifications, and Standards The Contractor must provide all required labor, plant, tools, equipment, fixtures, parts, supplies, materials, appropriate technical data/expertise, transportation, preservation, packaging, packing and marking required to furnish the items specified in Part I – Section B in accordance with (IAW) the terms, conditions, provisions set forth herein. The Contractor will provide to the Government 20ea First Article units and 250 production units for a combined total contract quantity of 270 units. These shall be manufactured, assembled, and tested in accordance to the documentation and attachments provided within the contract. The Contractor will meet drawing and specification identified in the ASIS 2 Manufacturing Specification included herein and in Section J.
The following documents are incorporated as part of this contract and made a part thereof:
1. FAA ASR-ASIS 2 Circuit Card Assembly (CCA) Manufacturing Specification including Parts List
2. List of Government Furnished Items*
* NOTE: The Government furnished items include the schematic, GERBER files, JDEC fuse map and related equipment which shall be furnished to the successful offeror after contract award. See Section C.2.3
3. Factory Acceptance Test Procedures – ASR-9 Serial Interface System (ASIS) Phase 2 C.2 First Article Units C.2.1 ASIS CCA Manufacturing The Contractor must assemble and manufacture ASIS CCA IAW the referenced manufacturing specification, drawings, and other defining documentation provided by the FAA.
C.2.2 Approved Parts Manufacturers The Contractor must make every effort to manufacture and assemble using the specified parts in the manufacturing specification and associated parts list. Substitution of parts is not allowed without prior written consent from the Contracting Officer. If part substitution or design changes are made, the Contractor shall be responsible for updating all pertinent specifications, drawings, parts list and other defining documentation. Electronic copies of updated documents must be submitted with first article units.
C.2.3 Government Furnished Property (GFP) Government Furnished Information (GFI) The FAA (AJW-146) will provide GERBER and JDEC fuse map files required for manufacturing of ASIS CCA as Government Furnished Information (GFI). To expedite production and delivery, the FAA (AJW-146) will also provide Factory Acceptance Test Procedures as Government Furnished Information (GFI) and associated test equipment as Government Furnished Property (GFP). Government Property that will be furnished to the Contractor is listed separately as Attachment 2.
The Government will deliver the identified GFP and GFI to the successful offeror no later than fifteen (15) calendar days after contract award.
The Contractor must utilize the government supplied material, drawings, test procedure and test equipment in manufacturing and testing of ASIS CCA. All government material and equipment must be returned to the FAA (AJW-146) in working condition at the end of the contract via Government Bill of Lading. The shipping cost of government furnished material and equipment, from the FAA (AJW-146) to the Contractor facility will be paid by the FAA.
C.2.4 First Article Test The Contractor must produce twenty (20) ASIS CCA and supply them to FAA (AJW-146) for first article testing and government approval. Once the FAA has verified that the First Articles have passed Physical Configuration Audit (PCA) as well as installation and operation tests, a written approval will be issued to the Contractor by the Contracting Officer IAW AMS Clause 3.10.9-2 First Article Approval – Government Testing (July 2003) and AMS Clause 3.10.4.2 Inspection of Supplies, Fixed Price (November 1997) C.3 Production Units C.3.1 Bulk Material Procurement and Fabrication Upon receipt of first article approval, the Contractor must procure, in bulk, the materials required to manufacture the remaining contract quantity of ASIS CCA.
The Contractor should use caution and not deviate from the materials or manufacturers used in the First Article kit unless such deviation has been previously approved by the Contracting Officer.
C.3.2 Manufacture to Design and Requirements After receiving First Article approval, the Contractor must manufacture and test the required contract quantity of ASIS CCA IAW the FAA-approved specification, drawings and other defining documentation.
C.3.3 Rate of Delivery ASIS Circuit Card Assemblies are to be manufactured at a rate compatible with a minimum delivery schedule of 40ea per month after Government First Article approval.
C.4 Factory Acceptance Testing (FAT) C.4.1 Factory Acceptance Test Plan The Contractor must develop a Factory Acceptance Test (FAT) Plan utilizing the Government furnished Factory Acceptance Test procedures and test equipment. The Factory Acceptance Test (FAT) Plan should address the requirements of factory testing and inspection as stated in the Quality section of manufacturing specification. For each ASIS CCA, electrical continuity & isolation of Printed Circuit Board (PCB) must be performed. For the final ASIS CCA assembly IPC-A-610B class 2 compliance inspections and the Factory Acceptance Testing using Government Furnished Equipment (GFE) and procedure must be performed. Installation, integrity and labeling of the components must be physically verified as part of the Factory Acceptance testing. The Government will furnish the Contractor with test equipment within fifteen (15) calendar days after contract award. The Government will pay for the return of the Government Furnished Property via a Government Bill of Lading. The Contractor must coordinate with the FAA Contracting Officer prior to making shipment.
The Contractor must provide the Factory Acceptance Test (FAT) Plan as a deliverable [CLIN 0003] for FAA (AJW-146) review within 45 calendar days after contract award. The Factory Acceptance Test (FAT) Plan must be reviewed and approved by the FAA prior to its implementation on the First Article units.
C.4.2 Factory Acceptance Test Data The Contractor must test each completed ASIS CCA IAW the approved Factory Acceptance Test (FAT) Plan and using government furnished factory acceptance test procedures, prior to release for shipment to the FAA. The Contractor must include a factory acceptance test data sheet for each ASIS CCA delivered. The factory acceptance test data sheet should include serial number of each CCA, quality conformance inspection result, and the result of functional verification using GFE. Factory Acceptance Test results must be included in the kit’s packaging [CLIN 0001 and CLIN 0002].
C.5 Data Rights The Government (FAA – AJW146) maintains rights to all data, drawings and specifications associated with ASIS CCA as defined in AMS Clause 3.5-13 Rights in Data-General (October 2014). For FAA approved changes, the Contractor must provide updates / redlines to the manufacturing specification and all associated drawings and provide them to FAA (AJW-146) to allow for the FAA to maintain accurate data and assembly drawings for an “as-built” configuration file. The Government will maintain “rights” to the updated “as-built” drawings and associated data IAW AMS Clause 3.5-13.
PART I - SECTION D
PACKAGING AND MARKING
D.1 Packaging, Handling, Storage, and Transportation (PHS&T) All components and equipment shall be packaged to meet American Society for Testing and Materials (ASTM) D3951-10 Standard Practice for Commercial Packaging. Performance testing of packaging will be IAW ASTM D 4169 assurance level II distribution cycle 18.
All items shall be marked IAW MIL- STD-129R “Marking for Shipment and Storage”. Bar coding is required, 2D (PDF417) is preferred; however, (39 Code) will be accepted. Each ASIS II circuit card assembly shall be appropriately packaged in a static-free bag contained in foam cushioned, cardboard, shipping container such as ULINE S-5938. The Contractor shall label the packaging with the following information:
National Stock Number (NSN) – 5998-01-475-7691 Noun –ASIS II circuit card assembly Part Number – ASR9-002.6 Manufacturer – Cage Code – Contract Number -
PART I - SECTION E
INSPECTION AND ACCEPTANCE
E.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE
This Screening Information Request 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 also obtain the full text via the Internet at: http://conwrite.faa.gov (on this webpage, select “Search and View Clauses”, then “Download All Clauses”).
FAA Acquisition Management System Clauses by Reference:
| 3.10.4-1 | Contractor Inspection Requirements (April 1996) |
| 3.10.4-2 | Inspection of Supplies--Fixed-Price (November 1997) |
| 3.10.4-16 | Responsibility for Supplies (April 1996) |
E.2 INSPECTION AND ACCEPTANCE
(a) The Government reserves the right to have its authorized representative inspect the material at the Contractor's plant prior to shipment. To facilitate such inspection, the Contractor must give the Contracting Officer a written notice at least 15 business days prior to readiness for inspection. Such notice must include FAA delivery order number, FAA contract number, and date of proposed inspection. The Contractor must indicate in the following space the location of the plant where the material will be available for inspection.
Plant Location
(b) The Government may waive inspection at Contractor's plant. In such event, final inspection will be at destination.
(c) In the event the Government does choose to inspect at the Contractor's plant, final inspection at destination shall be ONLY for damage in transit, quantity, item substitution, and visual defects.
(d) Final acceptance will be at destination.
(e) In the event First Article/Production units are determined to be nonconforming, the Government shall return said units to the Contractor for repair/replacement at the Contractor’s expense.
The provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled “Inspection of Supplies—Fixed-Price” (AMS 3.10.4-2.)
E.3 FAA Acquisition Management System Full Clauses and Provisions 3.10.4-15 Certificate of Conformance (April 1996)
(a) When authorized in writing by the Contracting Officer, the Contractor must ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case must the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the Contracting Officer, or inspection and acceptance have occurred.
(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the Contracting Officer copy when requested by the Contracting Officer. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.
(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.
(d) The certificate shall read as follows:
'I certify that on ____ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by Contract No. ____ via ____ [Carrier] on .____ [identify the bill of lading or shipping document] IAW all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.'
Date of Execution: ______________________________________ Signature: ______________________________________ Title: ______________________________________
IAW Section B, the following vendors shall be used by the Contractor to acquire components/parts required for the First Article and Production deliverable units:
SEE PARTS LIST FOR PART NUMBERS AND VENDOR INFORMATION
PART I - SECTION F
DELIVERIES OF PERFORMANCE
F.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE
This Screening Information Request 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 also obtain the full text via the Internet at: http://conwrite.faa.gov (on this webpage, select “Search and View Clauses”, then “Download All Clauses”).
FAA Acquisition Management System Clauses by Reference:
| 3.10.1-9 | Stop-Work Order (October 1996) |
| 3.10-1-24 | Notice of Delay ((March 2009) |
| 3.11-34 | F.O.B. Destination (April 1999) |
F.2 DELIVERY SCHEDULE (SUPPLIES)
The period of performance for this contract is 320 calendar days after Contract Award inclusive of all CLINs.
WHEN FIRST ARTICLE TESTING AND APPROVAL IS REQUIRED the Government requires delivery of the supplies under this contract within the number of calendar days stated below beginning on the date the Government approves first articles.
| Line Item |
| Description |
| Qty to be Delivered |
| Proposed |
| Required |
| 0001 |
| First Article |
| 20 |
| In days |
| In 60 days from Award |
| 0002 |
| Production Quantity |
| 250 |
| In days |
| Initial delivery (min 40 units) no later than 90 days after First Article Acceptance. **A minimum of 40 units per month until production Quantity is complete |
| 0003 |
| FAT Plan |
| 1 |
| In days |
| 45 days after Contract Award |
F.3 F.O.B. DESTINATION
The Contractor must deliver items F.O.B. Destination IAW clause 3.11-34 F.O.B. DESTINATION (April 1999).
FIRST ARTICLES, PRODUCTION UNITS, and DATA SHALL BE DELIVERED TO:
C.O.R Name Address: TBD
PART I - SECTION G
CONTRACT ADMINISTRATION DATA
G.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE
This Screening Information Request 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 also obtain the full text via the Internet at: http://conwrite.faa.gov (on this webpage, select “Search and View Clauses”, then “Download All Clauses”).
FAA Acquisition Management System Clauses by Reference:
| 3.3.1-1 | Payments (April 1996) |
| 3.3.1-17 | Prompt Payment (January 2017) |
| 3.3.1-27 | Invoices for Equipment Delivered (March 1997) |
| 3.3.1-34 | Payment by Electronic Funds Transfer- Central Contractor Registration (August 2012) |
| 3.10.1-22 | Contracting Officer’s Representative (April 2012) |
G.2 ACCOUNTING AND APPROPRIATION DATA
Initial obligation at contract award (if applicable):
Procurement Request (PR) XXX-XX $XX
| CLIN 0001 | $TBD |
| CLIN 0002 | $TBD |
| CLIN 0003 | $TBD |
Total $TBD
See individual contract modifications for details on subsequent funding modifications
G.3 INVOICING AND PAYMENT
The Contractor shall submit on a monthly basis, one (1) original of all invoices by electronic submission in a pdf format via email to the billing technician office at the e-mail address provided by the Contracting Officer or in hard copy to the U.S. Mail and FEDEX addresses shown below.
U.S. MAIL
FAA AC ACCTG OFC
DOT/FAA AMZ-110
PO Box 25710 Oklahoma City, OK 73125
FEDEX
FAA Accounts Payable Branch, AMZ-110 6500 S MacArthur Blvd.
Oklahoma City, OK 73169
In addition, in order to expedite the processing of invoices, the Contractor shall submit one (1) copy of all invoices to the Contracting Officer, and one (1) copy to the Contracting Officer’s Representative (COR) in a pdf format via e-mail.
Should the Contractor choose to submit the official invoice submission(s) electronically, in pdf format (via e-mail), to the FAA Accounting Office (AMZ-110), the Contractor must obtain the correct e-mail address from the Contracting Officer to allow for and support electronic submission of official invoices to the FAA Accounting Office (AMZ-110). Should the Contractor choose to submit invoices electronically, the Contractor must ensure that the submitted invoices (pdf files) submitted as attachments to e-mails are of a size that will be permitted access through the FAA e-mail system. Furthermore, the Contractor must ensure that the pdf documents are clearly and easily understandable and decipherable when printed out on 8 ½ inch by 11 inch paper or 8 ½ inch by 14 inch (as that is the format used for the review and for the official file). Electronic invoice submissions that do not meet these constraints shall not be considered to have been received by the FAA.
G.4 ADDITIONAL INVOICING INSTRUCTIONS
(1) For FAA to make payment under a contract, a proper invoice must be submitted to FAA by the contractor. If the invoice does not meet the definition of a proper invoice per section (2) below, it must be rejected within seven (7) days of receipt.
(2) A proper invoice contains the following:
(a) Name and address of contractor;
(b) Invoice date;
(c) Contract number (to include applicable order numbers and Contract Line Item Numbers (CLINs);
(d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;
(e) Shipping and payment terms, to include, when applicable:
(i) Shipment number and date of shipment,
(ii) Bill of lading number and weight (for government bills of lading), and
(iii) Prompt payment discount terms.
(f) Contractor or bank address where electronic payment is to be sent;
(g) Name, title, phone number, and mailing address of person to be notified of a defective invoice;
(h) Other information required by the contract (i.e. certified payrolls, evidence of shipment, etc); and
(i) Invoice number, account number, and/or any other identifying number agreed under the contract.
G.5 FAA CONTRACTING OFFICER’S AUTHORITY
The FAA Contracting Officer assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting; ensuring compliance with terms of the contract and safeguarding the interests of the United States in its contractual relationships. In this regard, the Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the Contracting Officer is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, this authority remains solely with the Contracting Officer.
It is the responsibility of the Contractor to contact the Contracting Officer immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. Work not ordered by the Contracting Officer and/or work outside the scope of the contract shall not be reimbursed by the Government. The Contractor shall immediately notify the Contracting Officer for clarification when a question arises regarding the authority of any person to act for the Contracting Officer under the contract.
G.6 FAA CONTRACTING OFFICER’S REPRESENTATIVE (COR)
The FAA Contracting Officer has designated a Representative to assist in monitoring the work under this contract. The Representative is responsible for the technical administration of the contract, technical liaison with the Contractor and shall be contacted regarding questions and problems of a technical nature.
The performance of work required under this contract shall be subject to the technical direction and surveillance of the designated technical representative. The Representative is not authorized to make any changes which constitute work not within the general scope of this contract, or change any term or condition of this contract, or which constitute a basis for increase in the contract amount or extension of the contract period of performance, or change in delivery schedule.
In no event, however, will any understanding or agreement, modification, change order or other matter, deviating from the terms of this contract be effective or binding upon the Government, unless issued by the Contracting Officer.
The remainder of this page is intentionally left blank
PART I - SECTION H
SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE
This Screening Information Request 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 also obtain the full text via the Internet at: http://conwrite.faa.gov (on this webpage, select “Search and View Clauses”, then “Download All Clauses”).
H.2 FAA Acquisition Management System Full Clauses and Provisions 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 [CO to enter the means of electronic signature technology authorized to include PIN numbers or passwords, digital signatures, smart cards, etc].
H.3 Agreement To Participate In Alternative Dispute Resolution
(a) The Federal Aviation Administration encourages direct communications and negotiations between the Contractor and the contracting officer in an attempt to resolve contract disputes. In those situations where the parties are not able to achieve resolution at the contracting officer level, the agency favors the use of alternative dispute resolution (ADR) techniques to resolve disputes.
| (b) | The parties hereby agree that, prior to referring a contract dispute to the Office of Disputes Resolution as described in contract clause 3.9.1-1 “Contract Disputes”, the parties will discuss whether they are willing to utilize ADR techniques such as mediation or nonbinding evaluation of the dispute by a neutral party. |
| (c) | Upon receipt of a contract dispute from the Contractor, the contracting officer will explore with the Contractor whether the use of ADR techniques would be appropriate to resolve the dispute. Both parties must agree that the use of such techniques is appropriate, and agree to fairly share the associated expenses. If the parties do not mutually agree to utilize ADR to resolve the dispute, the dispute will be processed IAW the procedures set forth in clause 3.9.1-1. |
H4. Warranty Provision
(a) Definitions
(1) Acceptance. The word "acceptance" as used herein means the indication of acceptance at the point in time when the signing of FAA Form 256, "Inspection Report of Material and/or Services" is performed by the FAA Quality Reliability Officer QRO.
(2) Supplies. The word "supplies" as used herein means the end item furnished by the Contractor and any related services, (Except "data"), required under this Contract.
(b) Warranty
(1) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants for a period of 1 year from the date of acceptance at the factory (i.e., after testing and inspection has been completed as evidenced by FAA QRO signature on the FAA Form 256) that all supplies and software furnished under this Contract will be free from all defects in material and workmanship and will conform with all other requirements of this Contract; provided, however, that with respect to Government Furnished Property, the Contractor's warranty must extend only to its proper installation, unless the Contractor performs some modification or other work on such property, in which case the Contractor's warranty must extend to such modification or other work.
(2) Any supplies or parts thereof must be corrected or furnished in replacements at Contractor's discretion, provided that any such correction or replacement must be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty must be equal in duration to remainder of the time period set forth in paragraph (b) above and must run from the date of delivery of the corrected or replaced supplies.
(c) Right to Corrective or Replacement Action
(1) In the event of a breach of the Contractor's warranty in paragraph (b) above, the Government will, at no increase in Contract price: (1) require the Contractor, at the original point of delivery or at the Contractor's plant, to repair or replace, at the Contractor's election ' defective or nonconforming supplies; or (2) require the Contractor to furnish at the Contractor's plant such materials or parts and installation instructions as may be required to successfully accomplish the required correction.
(2) The Contractor must also prepare and furnish to the Government data and reports applicable to any correction required under this clause (including revision and updating of all affected data called for under this contract) at no increase in the total Contract price. If correction or replacement is required and transportation of supplies in connection with correction or replacement is necessary, transportation charges and responsibility for the supplies while in transit will be borne by the Government.
(d) Notification
(1) The Contractor will be notified of any breach of the warranty in paragraph (b) above within six (6) months after acceptance of defective or nonconforming supplies. Within ninety (90) days thereafter, the Contractor must submit to the Contracting Officer a written recommendation as to the corrective action required to remedy the breach.
(2) After the notice of breach, but not later than ninety (90) days after receipt of the Contractor's recommendation for corrective action, the Contracting Officer may, in writing, direct correction or replacement as set forth in paragraph (c) above, and the Contractor must, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with such direction. In the event it is later determined that the Contractor did not breach the warranty in paragraph (b) above, the total price of this contract will be equitably adjusted.
(e) Inability to Correct
The Contractor must not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish such correction or replacement have been made unavailable to the Contractor by action of the Government. The Contractor must promptly notify the Contracting Officer in writing of such non-availability.
f) Waiver of Implied Warranties The warranties expressed herein are in lieu of any implied warranty of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(g) Exceptions The Government's right under this Contract because of latent defects, fraud or such gross mistakes as amount to fraud are not limited by this clause. Disputes arising under this clause will be resolved in accordance with the clause of this contract entitled "Disputes."
(h) Contractor Responsibility The Contractor must not be responsible under this clause for the correction of defects caused by acts of God (e.g., flood, lightning), damage by accident (not induced by a defect in the warranted item), sabotage, vandalism, combat or unauthorized maintenance and other misuse. (Changes in operational conditions, which might affect the reliability of the warranted items or accurate measurement thereof, must not exempt the Contractor from liability under this clause.) The warranty also does not cover liability for loss, damage or injury to third parties or consequential damages.
(i) Failure A failure, which is caused by any of the following, will not be subject to the warranty set forth in paragraph (b) above:
(1) The use of spare parts or assemblies not procured from the Contractor;
(2) Maintenance and upkeep repairs being accomplished other than in accordance with DOT/FAA Technical Manuals for the supplies;
(3) Misuse or mishandling of the supplies or intentional or accidental damage to the supplies; or,
(4) Storage not suitable for electronic supplies
PART II - SECTION I
CONTRACT CLAUSES
3.1-1 Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and Contractors may obtain the full text via Internet at: http://conwrite.faa.gov.
3.1.7-2 Organizational Conflicts of Interest (August 1997)
3.1.9-1 Electronic Commerce and Signature (July 2013)
3.2.2.3-29 Integrity of Unit Prices (July 2004)
3.2.2.3-33 Order of Precedence (March 2009)
3.2.2.3-45 Material and Workmanship (July 2004)
3.2.2.3-73 Shipping Spare Parts (March 2009)
3.2.2.3-83 Prohibition Against Contracting with Inverted Domestic Corporations (October 2015)
3.2.2.7-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (April 2011)
3.2.2.7-8 Disclosure of Team Arrangements (April 2008)
3.2.2.8-1 Material Requirement (April 2009)
3.2.5-1 Officials Not to Benefit (April 1996)
3.2.5-3 Gratuities or Gifts (January 1999)
3.2.5-4 Contingent Fees (October 1996)
3.2.5-5 Anti-Kickback Procedures (October 2010)
3.2.5-8 Whistleblower Protection for Contractor Employees (April 1996)
3.3.1-6 Discounts For Prompt Payment (May 1997)
3.3.1-8 Extras (May 1997)
3.3.1-9 Interest (September 2009)
3.3.1-15 Assignment of Claims (Apr 1996)
3.3.1-20 Providing Accelerated Payment to Small Business Subcontractors (October 2012)
3.3.2-1 FAA Cost Principles (January 2016)
3.4.2-6 Taxes—Contracts Performed In U.S. Possessions Or Puerto Rico (October 1996)
3.4.2-8 Federal, State, and Local Taxes--Fixed-Price Contract (April 2013)
3.5-1 Authorization and Consent (January 2009)
3.5-2 Notice And Assistance Regarding Patent And Copyright Infringement (January 2009)
3.5-3 Patent Indemnity (January 2009) 3.5-13 Rights in Data - General (October 2014)
3.6.1-3 Utilization Of Small, Small Disadvantaged And Women-Owned, And Service-Disabled Veteran Owned Small Business Concerns (March 2009)
3.6.1-4 Small, Small Disadvantaged And Women-Owned And Service-Disabled Veteran Owned Small Business Subcontracting Plan (August 2012)
3.6.2-4 Walsh-Healey Public Contracts Act (October 2014)
3.6.2-9 Equal Opportunity (August 1998)
3.6.2-12 Equal Opportunity For Veterans (January 2011)
3.6.2-13 Affirmative Action For Workers With Disabilities (October 2010)
| 3.6.2-14 | Employment Reports On Veterans (January 2011) |
| 3.6.2-39 | Trafficking in Persons (October 2015) |
3.6.2-44 Notification of Employee Rights Under the National Labor Relations Act (January 2012)
3.6.3-16 Drug Free Workplace (March 2009)
3.6.3-23 Delivery of Electronic and Paper Documents (October 2016)
3.6.4-5 Buy American - Steel And Manufactured Products (July 2010)
3.6.4-10 Restrictions on Certain Foreign Purchases (January 2010)
3.6.5-1 Utilization of Indian Organizations and Indian Owned Economic Enterprises (March 2009)
3.9.1-1 Contract Disputes (October 2011)
3.9.1-2 Protest After Award (August 1997)
3.10.1-7 Bankruptcy (April 1996)
3.10.1-9 Stop-Work Order (October 1996)
3.10.1-12 Changes - Fixed-Price (April 1996)
3.10.1-24 Notice of Delay (March 2009)
3.10.1-25 Novation and Change-Of-Name Agreements (October 2007)
3.10.2-1 Subcontracts (Fixed-Price Contracts) (April 1996)
3.10.2-6 Subcontracts for Commercial Items and Commercial Components (April 1996)
3.10.3-2 Government Property – Basic Clause (October 2014)
3.10.3-2 Government Property - Basic Clause Alternate I (April 2004)
3.10.4-1 Contractor Inspection Requirements (April 1996)
3.10.4-2 Inspection of Supplies--Fixed-Price (November 1997)
3.10.4-15 Certificate of Conformance (April 1996)
3.10.4-16 Responsibility for Supplies (April 1996)
3.10.6-1 Termination for Convenience of the Government (Fixed Price) (October 1996)
3.10.6-4 Default (Fixed-Price Supply and Service) (October 1996)
3.11-34 F.O.B. Destination (Apr 1999)
3.13-5 Seat Belt Use by Contractor Employees (October 2001)
3.13-13 Contractor Policy to Ban Text Messaging While Driving (January 2011)
FAA Acquisition Management System Full Clauses and Provisions
3.3.1-33 System for Award Management (October 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.
(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.
3.5-3 Alternate II Patent Indemnity (January 2009) The following paragraph (c) is added to the clause:
(c) This patent indemnification must cover the following items: ASIS 2 CCA 3.6.2-5 Certification of Nonsegregated Facilities (March 2009)
(a) 'Segregated facilities,' as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.
(b) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the "Equal Opportunity" clause in the contract.
(c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will--
(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the "Equal Opportunity" clause;
(2) Retain the certifications in the files; and
(3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the "Equal Opportunity" clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
3.6.2-6 Previous Contracts and Compliance Reports (May 1997)
The offeror represents that--(a) It [ ] has, [ ] has not, participated in a previous contract or subcontract subject either to the "Equal Opportunity" clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b) It [ ] has, [ ] has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
3.6.2-8 Affirmative Action Compliance (April 1996)
The offeror represents that (a) it [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
3.10.9-2 First Article Approval - Government Testing (July 2003)
a) The Contractor shall deliver 20 unit(s) within 60 calendar days from the date of contract award to the Government at SEE Section F 2 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.
b) Within 45 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.
c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.
d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.
e) Unless otherwise provided in the contract, the Contractor--
(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and
(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.
f) If the Government does not act within the time specified in paragraphs (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.
(g)The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.
(h)Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for a payments, or b termination settlements if the contract is terminated for the convenience of the Government.
(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.
PART III - SECTION J LIST OF ATTACHMENTS
Attachment Description
(1) FAA…
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