EMARIS SIR 693KA9-22-R-00002 21Oct21.pdf
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EMARIS SIR 693KA9-22-R-00002
Section A – Standard Form 33
Reserved
Section B – Supplies or Services and Price/Costs
Brief Description of Supplies or Services
This contract combines requirements for environmental management, analysis, research, and support for the Federal Aviation Administration’s (FAA) Office of Environment and Energy (AEE) and other FAA offices including National Engagement and Regional Administration (ARA), Airport Planning and Environmental Division (APP-400), ATO (Air Traffic Organization) Airspace Rules and Regulations (ATO/AJV-P21), ATO/AJV Environmental, Occupational, Safety, and Health (EOSH) Planning and Requirements Group (PRG), Flight Standard Service (AVS/AFS), and Unmanned Aircraft Systems
(AVS/AUS).
The FAA’s Office of Environment and Energy (AEE) develops, recommends, coordinates, and implements national aviation policy relating to environmental and energy matters. AEE conducts analyses and studies of aircraft and airport operations, air traffic procedures, and airspace to develop programs with the potential for reducing adverse impacts on the environment while improving the efficiency and capacity of the National Airspace System (NAS). AEE provides technical support and policy guidance to FAA Lines of Business on environmental review of FAA actions, compliance with environmental requirements and initiatives to reduce energy consumption and waste. AEE works with domestic and international partners, (e.g., International Civil Aviation Organization), to develop international environmental standards and recommended practices, guidance, research, and best practices. AEE also coordinates with the Department of Transportation’s Office of the Secretary and other agencies to develop and implement domestic aviation-related environmental and energy policies, goals, and priorities.
Other FAA offices may require similar environmental management, analysis, and research contract support to fulfill their missions. The support need areas may include: environmental management systems, environmental reviews, community involvement, modeling research and development, modeling analysis, operations research, environmental cleanup, and environmental compliance
B.1. BASE AND OPTION PERIODS
The term of this contract includes a one year base period and four twelve-month option periods for a total period of performance of up to five years.
B.2. INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT
(a) This contract is an IDIQ contract. Work under this contract will be ordered by placing Task Order (TO) awards against this contract using the ordering procedures described in Section G, Contract Administration Data.
(b) The types of TOs issued against this contract will be determined by the contracting officer on a task order by task order basis in accordance with AMS T3.2.4 -Types of Contracts, and task orders are expected to include Time-and-Materials and Firm Fixed Price types of contracts, or a hybrid. Each Request for Task Order Proposal issued under this contract will identify the Government's determination of task-order type.
(c) Task Orders may include options as defined in AMS T3.2.4 - Types of Contracts 9: Options
B.3. GUARANTEED MINIMUM QUANTITY OF WORK
The Government guarantees that it will order at least $10,000.00 of work (the “Minimum Guaranteed Value”) during the term of this contract (the “Minimum Order Guarantee”). The Government has fully met the Minimum Guarantee once the aggregate dollar value of the TOs placed on this contract equals or exceeds the Minimum Guaranteed Value. The Government is not obligated to order above the minimum amount established for this contract.
B.4. OVERVIEW OF PRICING SCHEDULES
Contract Line Item Numbers (CLIN) Summary CLIN numbers for the five-year (60-month) order period, including any potential options, are as follows.
Description Base Period (Year 1)
Option Year 1 (Year 2)
Option Year 2 (Year 3)
Option Year 3 (Year 4)
Option Year 4 (Year 5)
Labor 1001A 2001A 3001A 4001A 5001A ODCs 1001B 2001B 3001B 4001B 5001B Travel 1001C 2001C 3001C 4001C 5001C
CLIN 1001A – 7001A [Labor] Descriptions of and requirements for each labor category in the labor schedule are included in Attachment J001.
CLINS 1001B –5001B [Other Direct Costs (ODCs)] and 1001C –5001C [Travel] The ODC and Travel schedule below contain the estimated Not-to-Exceed (NTE) amounts inclusive of any applicable rates for all five years of performance.
Period Travel
CLIN
Travel Value ODC
CLIN
ODC Value
Base Period (Year 1)
1001B $170,104.31 1001C $33,790.00
Option Year 1 (Year 2)
2001B $179,801.53
2001C $34,634.75
Option Year 2 (Year 3)
3001B $179,801.53
3001C $34,634.75
Option Year 3 (Year 4)
4001B $179,801.53
4001C $34,634.75
Option Year 4 (Year 5)
5001B $179,801.53
5001C $34,634.75
ODCs include:
1. Materials purchased specifically for performance of work under the EMARIS contract that are not part of the Contractor’s burden rates. (e.g. training, supplies)
• Incidental services directly related to and necessary for the performance of work under the EMARIS contracts. (e.g. computer hosting services).
Pricing Terms
Labor
1. The fully burdened hourly rates in the labor schedule in B.3 include hourly rates and all indirect costs, including fringe benefits, overhead, and general and administrative cost, as applicable, and profit.
2. The rates in the labor schedule in B.3 are ceiling rates and will apply to all direct labor hours regardless of whether the labor hour is performed by the Contractor or by one of its subcontractors.
3. The Contractor may elect to propose resources at hourly rates less than the ceiling rates on a task order by task order basis.
ODCs and Travel
1. Where Other Direct Costs (ODC) and Travel are required to fulfill individual Task Order requirements, the FAA will reimburse them at cost plus applicable indirect burdens. Profit is not allowed on ODCs or travel.
2. FAA will only reimburse the Contractor for ODCs and Travel proposed and approved in accordance with the contract.
Section C – Statement of Work
C.1 Statement of Work The work to be performed under this contract must be within the general scope of this Statement of Work (SOW) as described herein. All work to be performed under this contract must be ordered pursuant to procedures established below. The Contractor must furnish and make available all personnel, supplies, equipment, material, data, facilities, and services necessary to ensure that all work is performed as prescribed and according to the terms and conditions of this contract.
Environmental Management FAA Environmental Management and Energy Support
The Contractor must provide technical assistance in support of compliance with environmental requirements and initiatives to reduce energy consumption and waste and to enhance resiliency and climate adaptation of FAA facilities. Support activities will be focused on facilitating Agency compliance with relevant Executive Orders, DOT directives, and the Energy Independence and Security Act (EISA) of 2007, and they must include, but not be limited to:
• Support for planning, evaluating, and implementing environmental and energy initiatives consistent with relevant Executive Orders, DOT directives and statutes;
• Gathering Agency-wide data on a recurring basis to support reporting and assessing compliance with Federal requirements, and managing supporting data records;
• Advising on, collaborating with, administering, and performing analysis, or other work, to support compliance with current policies, regulations, laws, and administration goals;
• Providing specialized knowledge on related topics such as GHG emissions, energy efficiency, water conservation, pollution prevention, electronics stewardship, sustainable acquisition, high performance sustainable buildings, handling and remediation of hazardous substances and state, regional, and local environmental requirements and programs;
• Providing program management, development, and reporting support and;
• Supporting the development and review of agency and departmental level policy, guidance, and strategies.
• Supporting AEE and other FAA offices oversight and implementation of Environmental
Management Systems (EMS).
Environmental Review Support The contractor must provide support to AEE and other FAA offices by providing technical assistance to aid in FAA’s development, evaluation, and application of environmental policy and guidance with respect to the National Environmental Policy Act (NEPA), special purpose environmental statutes, related regulations, and Executive Orders related to FAA environmental review and infrastructure permitting. The contractor also must provide support to FAA lines of business in implementing AEE policy and guidance and taking steps to comply with NEPA, special purpose environmental statutes, related regulations, and Executive Orders related to FAA environmental review and infrastructure permitting. This assistance must include, but not be limited to:
• Support for development, implementation and assessment of initiatives intended to expedite environmental reviews and improve intergovernmental and interagency coordination;
• Technical, research and analytic support for environmental review of proposed actions subject to
NEPA;
• Advising on, collaborating with, administering, and performing analysis, or other work, to support compliance with agency policy, orders, and administration goals pertaining to climate change from aviation emissions and activities;
• Design, develop, and conduct environmental analyses of aviation requirements, policies and strategies. This could include, but not be limited to, analyses of environmental impacts and economic tradeoffs, sustainability and resilience measures, mitigation strategies, and cost-benefit assessments;
• Provide technical expertise to develop, review, and edit environmental policies, regulations and orders, program guidance, supporting documentation, and other resource materials; and
• Provide support to develop or assess methodologies for new or emerging technology or new or amended environmental review requirements;
Community Engagement The Contractor must provide support to FAA by providing assistance in community outreach on noise and other environment issues. This assistance must include, but not be limited to:
• Supporting FAA’s community engagement and noise complaint initiative;
• Development, implementation and assessment of guidance and training for effective community engagement;
• Providing program assistance in the development and management of reporting tools;
• Supporting the development and review of agency and departmental level policy, guidance, and strategies;
• Providing specialized knowledge and advice in strategic communications;
• Providing internal and external meeting support;
• Advising on, collaborating with, administering, and performing analysis, or other work, to support compliance with agency policy, orders, and administration goals; and
• Planning, evaluating, and implementing program changes as directed by FAA.
C 1.1.4 Modeling Research, Development, and Analysis Support The Contractor must provide support to FAA in performing research, model development and analysis covering all the aspects of the aviation system that are related to the operational, environmental, and economic performance of the system, its infrastructure, and its users. The work will fall under the following three overarching categories: modeling research support, model and data development and support, and analysis support.
C 1.1.5 Modeling Research Support The Contractor must provide expertise and support to FAA in developing, conducting, and assessing research focused on improving the understanding of the aviation system and infrastructure operation, their environmental consequences, impacts and mitigation options, and their economic behaviors and performance. The work will be aimed to the advancement of the science for the implementation in tools and use in analysis. The work will include, but not be limited to the following activities:
• Provide independent expertise in aeronautical engineering and NAS operations to support and assess modeling requirements identified by research laboratories such as MITRE Corporation, National Aeronautics and Space Administration (NASA), Volpe National Transportation Systems Center, and Massachusetts Institute of Technology Lincoln Laboratories and provide technical recommendations of research laboratory projects; and
• Support the development and enhancement of NAS operational, environmental, and economic models using data from sources such as ASPM, ETMS, TFMS, PDARS, AEDT-TT, OAG, BTS, NTML, NCDC, etc. and applying statistical analysis techniques such as exploratory data analysis, Analysis of Variance (ANOVA), hypothesis testing, and regression analysis in combination with Geographical Information System (GIS) software to discern patterns and characterize the behavior of various NAS actors, processes, and systems.
Model and Data Development and Support The contractor must provide expertise and support to FAA in the development of data and tools used to perform research and analysis of the aviation system and infrastructure operation, their environmental impacts and mitigation options, and their economic behaviors and performance. The work will be aimed to the development of techniques and tools that are either self-contained or are to be integrated in other software as capability improvement or expansion. The developed tools will also be accompanied with the appropriate documentation and technical support as required. The work will include, but not be limited to the following activities:
• Design, develop, implement, and maintain computer databases and related software tools including geospatial applications for the storage and analysis of operational, infrastructure, environmental, and economic data;
• Design and develop new software applications to conduct NAS environmental, operational, and economic assessments. The Contractor must provide aeronautical engineering, air traffic control, operational, and economic expertise to investigate candidate enhancements to improve model accuracy and relevance to aviation operations;
• Maintain and enhance current AEE models such as the Aviation Environmental Design Tool (AEDT), the Aviation environmental Portfolio Management Tool (APMT), the Fleet Evolution, Estimation and Evaluation Builder (FLEET-Builder);
• Develop and maintain web-based geospatial tools that facilitate integration of system planning and environmental data for decision-making, leveraging available data and services on FAA’s Enterprise Information Management (EIM) systems;
• Conduct reviews of third party tools and algorithms slated for integration into AEE tools such as, but not limited to, updates to Environmental Protection Agency-sanctioned emission and dispersion algorithms for integration with AEDT, and participate in the activities related to tools and data validation and verification;
• Develop tools and capabilities for data management, analytics, and visualization within the Federal Cloud Service environment, including through cloud based resources available through AEE as well as through the FAA Enterprise Information Management System;
• Develop user documentation, training materials and sessions, and technical support to facilitate and promote proper use of the tools and data and ensure accurate interpretation of the results.
• Maintain and enhance the IFP Environmental Prescreening Filter Tool by implementing occasional new features by request, and providing maintenance as needed, including timely response to bug reports and requests for support; and
• Maintain the IFP Environmental Prescreening Filter Tool database, including updates to airport lists, navaids, and other relevant data.
Analysis Support The contractor must provide expertise and support to FAA in developing, conducting, and assessing analysis work aimed at informing the understanding of the aviation system and infrastructure operation, their environmental impacts and mitigation options, and their economic behaviors and performance. The work will include, but not be limited to the following activities:
• Design, plan and conduct technical environmental consequence, interdependences, and tradeoffs studies for aviation noise, emissions, and fuel burn for airports and airspace projects using operational data and aviation environmental models such as the Aviation Environmental Design Tool (AEDT);
• Design, plan and conduct environmental impact studies for the domains of aviation noise, air quality, and climate on scales ranging from a single airport to the globe and using operational data and aviation environmental impact models such as the Aviation environmental Portfolio Management Tool (APMT);
• Design, plan and conduct environmental and operational analyses of aviation technology, operations, policies, standards, and strategies. These analyses will include, but not be limited to, environmental impacts and economic tradeoffs, cost-effectiveness and cost-benefit, impacts of proposed alternatives on airline schedules and airline policy changes, and assessments of the impacts of NAS modernization;
• Plan and conduct studies on airport capacities using operational data and airport models such as TAAM, ACM, AirTOp, Runway Simulator, etc.;
• Assess environmental benefits of aircraft (airframe and engine) technologies, operational concepts, and fuel composition changes at the aircraft and fleet levels and evaluate policy and incentive options that could facilitate their use;
• Conduct analyses to quantify the environmental, economic, and social sustainability of alternative jet fuels, including life cycle GHG emissions and land, air and water impacts, of candidate alternative jet fuel pathways as well as techno-economic analyses of candidate alternative jet fuel pathways to evaluate their economic cost of fuel production;
• Conduct analyses to support state and regional feedstock-to-finished alternative jet fuel supply chains and deployment efforts; and
• Conduct research and analyses related to airport sustainability and resilience to inform FAA advisory circular guidance, tools, outreach/training, or program initiatives.
C.9 Operations Research Support The Contractor must provide technical support to FAA on research into Air Traffic Management, Surface Management, Collaborative, and Operational procedures that show potential to reduce noise exposure and/or improve energy efficiency. Support will be used to systematically identify areas where research is needed, establish formal processes and procedures for identifying, conducting, evaluating and transitioning research for implementation, and create an effective process for managing the broader ATM/Ops Research Portfolio from ideation to transition for implementation. Support activities must include, but not be limited to:
• Provide independent aviation operations technical expertise and input to ongoing and future research projects;
• Explore, develop and demonstrate, via simulation, flight control algorithms and models that have the potential to improve aircraft and fleet environmental performance;
• Design and develop software/analytical tools, as needed, to support aviation environmental operations research activities; and
• Support ongoing, liaison activities, attending meetings, assisting with coordination and logistics, and providing technical review for reports, and analyses.
C.10 International Environmental Program Support The Contractor must provide technical support to AEE on activities involving the International Civil Aviation Organization (ICAO) and the Committee on Aviation Environmental Protection (CAEP), as well as its working groups and task forces. The contractor must also provide technical support to AEE activities involving other international standards organizations and committees and coordination with other international agencies. Support activities must include, but not be limited to:
• Provide research; technical and policy analysis; regulatory impact analysis (RIA); and noise, emissions, market-based measures, alternative fuels, aviation activity forecasting, and modeling expertise in support of AEE’s continued work on compliance with ICAO Annex 16 Volumes 1, 2, 3, and 4, as well as maintaining and revising the associated Environmental Technical Manual guidance documents;
• Conduct analyses to support FAA/AEE decision making on new and revised international environmental priorities;
• Evaluating environmental and economic impacts of technical and policy choices at ICAO and within CAEP;
• Provide technical and liaison expertise, attend meetings, and assist with coordination and logistics in support FAA/AEE international environmental outreach activities and coordination efforts; and
• Provide research and technical analysis and support to FAA/AEE in engaging activities involving other standards organizations such as SAE international and ASTM International, and in coordinating with international agencies including, but not be limited to, the European Union Aviation Safety Agency (EASA), European Organisation for the Safety of Air Navigation (Eurocontrol), and German Aerospace Center (DLR).
C.11 Environmental Cleanup (ECU) Support
• The Contractor must provide PRG Project Implementation Manager (PIM) and Engineering Service (ES) onsite ECU field support and administrative programmatic technical support to ensure compliance with ECU program policy goals and priorities. Activities may include, but not be limited to:
• Execute onsite investigative ECU activities in compliance with program requirements
• Implement national aviation policy relating to ECU program onsite efforts
• Support the development of site-specific guidance documents focused on reducing adverse impacts to the environment
• Implement ECU program environmental goals and priorities
• Support PRG initiatives related to ECU project reflection in the Corporate Work Plan (CWP) and
Data Driven Decision (3D) Budget Labor Unit evaluation of ECU projects
• Ensure overall onsite scope compliance and contractor efficiency, review and assess potential
ECU project change order issues
• Provide technical scope oversight involving non-ES ECU program implementation
• Reduce FAA adverse impacts to the environment and foster site-specific project stakeholder community well-being
• Support Service Area (SA) Federal Environmental Automated Tracking System (FEATS) site inclusion/ECU decision document preparation and technical review
• Provide ECU project estimates in compliance with ECU program policies using approved program tools
• Support strategic ECU program SA spend plan forecasting and monitoring focused on the reduction of ECU program liability
• Support PIM and ES in assessing proposed ECU program project impacts under NEPA
• Evaluate, analyze, administer ECU program activity to ensure compliance with all applicable policies, regulations, and laws
• Spearhead technical interface with other FAA groups outside of PRG - including Engineering
Services (ES), ECU HQ (Headquarters) technical support staff, Tech Operations Staff (SECMs), AEE, and Facilities Decommissioning
• Support ECU PIM regarding the management, development, and reporting in support of FAA AEE’s environmental programs
• Provide independent expertise in the planning and implementation of EMS (Environmental Management System) ECU goals and objectives
• Ensure implementation success of ECU-specific EMS goals, targets, and objectives
• Provide support to aviation-related environmental issues, including the integration of environmental protections objectives
• Provide FAA-wide Greening Initiative implementation support
C. 12 Environmental Compliance Support The Contractor must provide subject matter expert support to the FAA regarding environmental compliance in areas such as Energy, Hazardous Materials, Solid and Hazardous Waste, Wastewater, Drinking Water, Fuel Storage Tanks, Lead, PCB, and Air Emissions. Within these areas contractor must support policy review, evaluations and audits, environmental sampling, data collection, tracking and reporting and use of FAA and other software programs. Activities must include, but not be limited to:
• Execute onsite Comprehensive Environmental Compliance Audits as outlined in applicable FAA Orders. Provide post audit reporting and suggested corrective action(s)
• Support non-routine tasks that include client-initiated environmental compliance regulatory questions, research, meeting support, and guidance
• Support active environmental projects to facilitate regulatory compliance and the resolution of other identified requirements
• Develop periodic environmental compliance briefings, general report writing and presentation development for meetings and conferences
• Perform environmental compliance and cleanup site visits/inspections and capture findings using the appropriate check sheets and reporting format, and
• Developing and maintaining Environmental Compliance dashboards on SharePoint sites to manage goals, deadlines, and milestones.
C. 13 Additional Program Support The Contractor must provide additional program support to other FAA environmental and energy efforts such as policy review and development, advanced operational procedure development, data tracking and reporting, development, operation, aircraft environmental certification, and maintenance of FAA environmental tracking systems and databases, support meeting logistics and communications, and internal performance tracking efforts. Activities must include, but not be limited to:
• Coordinate activities and manage processes for engaging stakeholders from aviation, energy industry, academia and government to support a broad exchange of information, and advance use and deployment of alternative jet fuels;
• Fostering effective AEE collaboration and integration with other FAA offices, including the Air Traffic Organization, Aviation Safety (e.g. AIR, AFS, AUS), and the Office of Airports, on cross-cutting environmental management initiatives;
• Develop and maintain FAA research, FAA policy, and FAA tools roadmaps;
• Provide program management support to the research portfolio, including project tracking, expert review, and portfolio development;
• Support FAA with aircraft and engine environmental certification activities;
• Develop training and outreach materials to support and ensure success of initiatives;
• Develop tools and mechanisms to support AEE environmental reporting and tracking requirements, including, but not limited to, nationwide commercial aviation alternative jet fuel production and usage;
• Support FAA severe weather resiliency and adaptation actions;
• Support FAA/AEE’s annual meetings, as requested, such as the Environmental Forum and the
Aviation Emissions Characterization (AEC) Roadmap meetings.
• Support FAA with broad policy review activities, including developing and implementing strategic planning, meeting facilitation, and change management.
Section E – Inspection and Acceptance
E.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JULY 2019)
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: https://fast.faa.gov/contractclauses.cfm. (End of clause)
3.10.4-2 3.10-4-5 3.10.4.16
Inspection of Supplies-Fixed Price Inspection- Time-and-Material and Labor-Hour Responsibility for Supplies
November 1997 April 1996 April 1996 https://fast.faa.gov/contractclauses.cfm
Section F – Deliveries or Performance
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JULY 2019)
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:
https://fast.faa.gov/contractclauses.cfm.
(End of clause)
3.10.1-9 3.10.1-24 3.11-34
Stop-Work Order Notice of Delay F.O.B. Destination
October 1996 March 2009 April 1999
Section G – Contract Administration Data
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JULY 2019)
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: https://fast.faa.gov/contractclauses.cfm. (End of clause)
3.10.1-22 Contracting Officer's Representative April 2012
Agreement Administration
Contracting Officer (CO):
FEDERAL AVIATION ADMINISTRATION
Attn: Stephen Mostow, AAQ-420 800 Independence Avenue, S.W., Washington, DC 20591 Phone (202) 267-8494 Email: stephen.mostow@faa.gov
Contracting Officer’s Representative (COR):
FEDERAL AVIATION ADMINISTRATION
Attn: Gonca Birkan, APM-220 800 Independence Avenue, S.W., Washington, DC 20591 Phone (202) 267-3654 Email: gonca.birkan@faa.gov
G.1 Contracting Officer’s Representative and Technical Lead
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 agreement administration functions, which do not involve changes to the scope, price, schedule, or terms and conditions of the agreement. 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 agreement. Such designation will not contain authority to sign Contractual documents, order agreement changes, modify agreement terms, or create any commitment or liability on the part of the Government different from that set forth in the agreement.
b) The Technical Lead will serve as the chief daily point of contact with the contractor, will receive deliverables and recommend approval or disapproval of deliverables to the Contracting Officer’s Representative.
c) The Contractor must 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 agreement.
G.2 Interpretation or Modification No verbal statement by any person, and no written statement by anyone other than the Contracting Officer (CO), or his/her authorized representative acting within the scope of his/her authority, must be interpreted as modifying or otherwise affecting the terms of this solicitation or resulting agreement. All requests for interpretation or modification must be made in writing to the CO.
mailto:stephen.mostow@faa.gov
G.3 Procedures for Submission of Invoices
a) The Contractor must submit invoices no more frequently than monthly. The Contractor must place the following statement on each invoice, signed by an authorized company representative:
This is to certify that the services set forth herein were performed during the period stated, and that incurred costs billed were actually expended.
Signature of Contractor’s Date of Invoice Authorized Representative
b) The invoice package must include a properly completed commercial invoice in suitable format. For each invoice submitted for payment, the Contractor must include the agreement number, invoice number and both the Project Data and Accounting Information for each agreement line item number (CLIN) contained in the instant request for payment. Project Data and Accounting Information is included for each agreement line item number (CLIN) in the schedule for equipment and/or services in the award document. If the Project Data and Accounting Information is the same for all CLINs, the Contractor may capture the data only once on the invoice. However, if the Project Data and Accounting Information are different for any of the CLINs in the award schedule, the Contractor must identify the appropriate Project Data and Accounting Information along with the CLIN and CLIN invoice amount for each CLIN which has different data. Invoices submitted without the benefit of this data will be considered incomplete and may result in rejection of the request for payment.
c) The Contractor must submit one (1) electronic copy of the invoice to:
FAA Accounts Payable Attn: To be provided at time of award
d) Concurrent with submission to the FAA Accounts Payable Branch, the Contractor must submit one
(1) copy of the invoice to the Contracting Officer’s Representative (COR) and the Contracting Officer (CO) for review:
Federal Aviation Administration Attn: To be provided at time of award
e) Each invoice must reference the agreement number, the period of performance, the services delivered, and, if applicable, costs for labor and Other Direct Costs (ODC), including travel.
f) The Contracting Officer will authorize payments in amounts determined to be allowable in accordance with the Federal Aviation Administration “Contract Cost Principles” at AMS Guidance T3.2.3.3.
g) In the event of termination or expiration of this Agreement, any FAA funds which have not been spent or obligated for allowable expenses prior to the date of termination, and are not reasonably necessary to cover termination expenses must be returned to the FAA.
G.4 Correspondence Procedures To promote timely and effective administration, correspondence (except for invoices and reports) submitted under this agreement must be subject to the following procedures:
a) Correspondence Preparation: All correspondence must contain a subject line, commencing with the agreement number as follows:
SUBJECT: Contract Award Number; (Insert Brief Explanation of Correspondence)
b) Other correspondence including technical correspondence where patent or technical data issues (if any) are involved, and correspondence which proposes or otherwise involves waivers, deviations, or modifications to the agreement requirements, terms or conditions, etc., must be addressed to the Contracting Officer (see G.1), with an information copy of the correspondence to the COR.
c) All correspondence regarding agreement administration must be addressed in accordance with this clause, unless otherwise requested by the Contracting Officer.
G.5 Travel Costs
Travel may be required for the purpose of the contractor’s efforts under the agreement.
Travel dates, times, and locations are to be coordinated with the designated FAA COR.
Travel charges will be reimbursed on an actual cost incurred, plus the contractor’s accepted general and administrative expense (no fee) basis, and must not be part of the fixed monthly invoice.
Travel:
(a) The Contractor must ensure that:
• All travel, whether it be within the continental United States or outside the continental
United States, must be accomplished by commercial carrier, privately-owned automobile or auto rental and the cost paid by the Contractor. The Government will reimburse the Contractor for travel on a cost plus general and administrative expense (no fee) basis, in accordance with the General Services Administration's (GSA) "Federal Travel Regulations (FTR)" for domestic transportation if by commercial or Government carrier, and at the going rate per mile, plus road and bridge tolls, when travel is performed by private automobile. Auto rental will be reimbursed at actual cost plus road and bridge tolls.
• The travel reimbursable herein includes only that travel (commercial carrier, or private automobile or auto rental) performed in accordance with the Statement of Work. Travel within a Government installation where Government transportation is available, and travel performed for personal convenience, including daily travel to and from work, will not be reimbursed.
• Relocation costs and travel costs incident to relocation are not allowable and will not be reimbursed.
(b) Per Diem:
• The Contractor will be reimbursed for the expense of meals at the approved M&IE rate (receipts not required), lodging for actual expenses only but not to exceed the Maximum Lodging Amount rate (receipts required), transportation between places of lodging or business and places where meals are taken and any other miscellaneous travel and living expense incurred in the performance of this agreement at the per diem rate as set forth in accordance with the FTR found here.
• Per Diem will be payable only when in an authorized travel status. The per diem rate will be established in accordance with the FTR. The Government will not reimburse the Contractor for the costs of lodging, meals, or incidental expenses in excess of the actual costs incurred.
Release of Government Obligation The Contractor, and each assignee under an assignment entered into under this agreement and in effect at the time of final payment under this agreement, must execute and deliver, at the time as a condition precedent to final payment under this agreement, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this agreement, subject only to the following exceptions:
http://www.gsa.gov/portal/content/104877?utm_source=OGP&utm_medium=print-%20radio&utm_term=perdiem&utm_campaign=shortcuts
(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 agreement, 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 6 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.
ORDERING PROCEDURE
(i) Performance under this contract must be subject to the ordering procedure discussed below.
(ii) All work to be performed under this contract must be within the scope of the Statement of Work (SOW) contained in Section C, and must not commence until so authorized by the CO under a specific TO issued under this contract. The Contractor must incur costs only in the performance of TOs issued in accordance with these ordering procedures. No other costs are authorized under this contract without the express written consent of the Contracting Officer.
(iii) From time to time during the period of performance of this contract, the FAA CO will request Task Plans from the Contractor for proposed TOs.
(iv) The Contractor must submit, within fourteen (14) calendar days after receipt of each proposed TO document provided by the CO, a Contractor Task Plan on forms specified and/or provided by the Government. On an individual TO basis, the CO may allow for more or less time to submit the Task Plan. The Task Plan is the Contractor’s overall estimate for the completion of the TO and must include the following:
(1) Contractor’s approach to accomplishing the proposed TO;
(2) Date of commencement of work, and any necessary revisions to the schedule of performance;
(3) Identification of any potential Organization Conflict of Interest (OCI); if no OCIs are identified, a certification that the Contractor is not aware of any potential OCI;
(4) Direct Man-hours, on a monthly basis, by applicable labor category, and total Man-hours, including those in (6) below, estimated to complete the task;
(5) Rationale for Man-hours, by applicable labor category, estimated in (4) above;
(6) The travel, material cost, and other direct cost estimate, including rationale for each;
(7) A cost estimate for subcontractors and consultants that support the subcontractor and consultant man-hours in (4) above;
(8) The total estimated cost for completion of the TO, including cost element breakdown of total estimated cost.
(v) The Contractor’s Task Plan is subject to the review of the Government and approval of the
Contracting Officer. A TO will be issued by the Contracting Officer once an acceptable Task Plan has been provided to the Government.
(vi) Once a TO is issued, the Contractor is not authorized to incur cost or expend level of effort (man-hours) in excess of those established in the Task Plan without written approval of the Contracting Officer. After a TO is issued, if any revision becomes necessary to the estimated cost or level of effort, the Contractor must promptly submit to the Contracting Officer a revised Task Plan with explanatory notes. Revised Task Plans submitted by the Contractor are subject to the review and approval of the Contracting Officer.
(vii) All TOs will be issued in writing by the Contracting Officer to cover specific work assignments within the scope of the contract. The TOs will be issued on forms specified and provided by the Government. The TOs will be numbered. A revision to a TO will be identified by an alpha designation after the existing TO number, indicating the revision sequence. All TOs must contain the following information:
• TO number;
• FAA technical point-of-contact;
• Period of performance;
• Description of the work to be performed;
• Estimated Cost;
• Estimated labor hours/mix;
• Anticipated Travel requirements;
• Start and completion dates, with major milestones;
• Deliverables with required delivery dates;
• Personnel Security and Security requirements; and
• List of Government Furnished Property, Equipment, and/or Information (GFP/GFE/GFI).
G.8 RELEASE OF GOVERNMENT OBLIGATION
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, must execute and deliver, 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:
Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement by the Contractor; and
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 one (1) year after the date of the release or the date of any notice to the Contractor that the FAA is prepared to make final payment, whichever is earlier.
If the release contains such exceptions, whether to accept it and issue final payment is within the sole discretion of the FAA Contracting Officer
G.9 CONTRACTORS REMITTANCE ADDRESS
Contractor’s remittance address and banking information is contained in the Contractor’s System for Award Management (SAM) records. Contractor is responsible for maintaining the currency of this information.
G.10 REPORTS OF PROBLEMS
The Contractor must bring actual or potential problems to the attention of the Contracting Officer and/or COR as soon as they are known. Oral reports must be followed by written narrative reports to the Contracting Officer within 5 working days.
Section H – Special Contract Requirements
3.1.9-1 Electronic Commerce and Signature (July 2020)
CLAUSE:
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.
e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA-1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section
5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.
f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications: Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.
(End of Clause)
3.8.2-17 Key Personnel and Facilities (July 2019)
CLAUSE:
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 must notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and must submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.
c) No diversion will be made by the Contractor without the written consent of the Contracting Officer.
d) The key personnel and/or facilities under this contract are:
[List key personnel and/or facilities]
3.13-15 Confidentiality of Data and Information (November 2016) CLAUSE:
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)…
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