OES SIR Sect H.pdf

693KA8-23-R-00004

PART I – THE SCHEDULE

SECTION H – SPECIAL CONTRACT REQUIREMENTS

FOR

SCREENING INFORMATION REQUEST

Solicitation Number: 693KA8-23-R-00004

Ontario Engineering Services (OES)

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

TABLE OF CONTENTS

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H.1. FAA ACQUISITION MANAGEMENT SYSTEM (AMS) CLAUSES AND

PROVISIONS

H.1.1 FAA AMS CLAUSES PROVIDED IN FULL TEXT

H.2. STANDARDS OF CONDUCT FOR CONTRACT PERSONNEL

H.3. CHANGES IN SKILL MIX AND PLACES OF PERFORMANCE

H.4. SPECIAL STANDARDS FOR FAA WORK

H.5. ACCESS TO GOVERNMENT PROPERTY, FACILITIES OPERATED

BY THE GOVERNMENT, AND FACILITIES THAT HOUSE

GOVERNMENT EQUIPMENT, BUT ARE NOT OPERATED BY THE

GOVERNMENT

H.6. WORK PERFORMED AT AIRPORTS

H.7. GOVERNEMNT FURNISHED PROPERTY

H.7.1 GENERAL

H.7.2 VEHICLES

H.8. TECHNICAL SUPPORT – DIRECT CHARGES (CLINS X002B)

ADDITIONAL INFORMATION

H.8.1 ANTICIPATED CLIN X002B DIRECT CHARGES

H.8.2 GENERAL REQUIREMENTS

H.8.3 TRAVEL

H.8.4 COSTS THAT ARE PERSONAL IN NATURE

H.9. PERSONAL SERVICES AND INHERENTLY GOVERNMENTAL

FUNCTIONS PROHIBITED

H.10. APPROVED SUBCONTRACTORS

H.11. SUPPORT CONTRACTORS

H.12. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS

H.13. PERIOD FOR FAA REVIEW OF DOCUMENTS

H.14. INTERPRETATION OF CONTRACT (NOTICE OF AMBIGUITIES)

H.15. REMOVAL OF CONTRACTOR-PROVIDED EQUIPMENT

TABLE OF CONTENTS

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H.16. OBSERVANCE OF LEGAL HOLIDAYS

H.17. RELEASE AND DISSEMINATION OF INFORMATION

H.18. DEOBLIGATION OF INACTIVE OBLIGATIONS AND CANCELLED

FUNDS

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H.1. FAA ACQUISITION MANAGEMENT SYSTEM (AMS) CLAUSES AND

PROVISIONS

H.1.1 FAA AMS CLAUSES PROVIDED IN FULL TEXT

3.1.9-1 Electronic Commerce and Signature (July 2020)

(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)

3.2.4-1 Type of Contract (April 1996)

The FAA contemplates award of a ____________ [Contracting Officer insert specific type(s) of contract] contract resulting from this Screening Information Request.

(End of provision)

3.8.2-17 Key Personnel and Facilities (July 2019)

(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.

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(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:

Program Manager TBD

Inventory/Warehouse Manager TBD

Rack Fabrication Production Manager TBD

Installation Support Managers (2) TBD

Lead Installation/Electronics Technicians (3) TBD

Senior Electronics Engineer TBD

There are no Key Facilities.

(End of Clause)

3.13-15 Confidentiality of Data and Information (November 2016)

(a) In performance of this contract, the contractor and any of its subcontractors, may need access to and use various data and information in the possession of the Government. This data and information may have been obtained under conditions which restrict the Government's right to use and disclose this data and information or which may be adverse to the interests of the Government or other parties if it is disseminated or used in a capacity other than in performance of this contract. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless it is already publicly 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

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(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information described above obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company. The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed. The FAA reserves the right to audit the deletion. The FAA must provide notice of the audit 10 calendar days prior to the audit.

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

(End of clause)

H.2. STANDARDS OF CONDUCT FOR CONTRACT PERSONNEL

Contractor personnel assigned to perform work under this Contract must at all times be under the control of the Contractor. The Contractor must be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and must be responsible for taking such disciplinary actions.

In addition to meeting legal and corporate requirements relating to standards of conduct matters, all personnel working on this Contract must adhere to the FAA Accountability Board standards and procedures relating to employee harassment and/or allegations of such behavior. These standards may pertain to the following areas: (or any additional areas as defined by the FAA Accountability Board):

sexual harassment, sexual orientation, race, gender, national origin, and disability. In addition, the Contractor must ensure that each person having more than minimal involvement on this contract annually takes the FAA training in these areas. “Minimal involvement” is considered to be anything less than 200 hours per year. The training will take approximately 1 hour.

H.3. CHANGES IN SKILL MIX AND PLACES OF PERFORMANCE

The mix of labor categories provided by the Contractor under the contract, including the work distribution among these categories, may vary considerably from the initial labor mix and distribution estimated by the Government or proposed by the Contractor. The labor category variances actually utilized in contract performance or in job performance sites must not cause any adjustment of the Not to Exceed (NTE) authorized for any contract performance period in Section B. See Attachment J5 for labor category descriptions.

H.4. SPECIAL STANDARDS FOR FAA WORK

There are situations where the FAA has imposed standards that are more stringent than those imposed by laws, regulations, or commonly accepted by industry or the marketplace. Whenever work under this Contract will involve those more stringent standards, they will be identified in the task order, which authorizes performance of the work or submission of a work plan. Attachment J3 contains a list of references, standards, and directives which are applicable to work performed under the OES contract.

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H.5. ACCESS TO GOVERNMENT PROPERTY, FACILITIES OPERATED BY

THE GOVERNMENT, AND FACILITIES THAT HOUSE GOVERNMENT

EQUIPMENT, BUT ARE NOT OPERATED BY THE GOVERNMENT

The majority of the support efforts, installations, site surveys and engineering services required under this Contract will be performed at Government property and facility sites operated by the Federal Aviation Administration (FAA). However, some facilities may house Government equipment, but are not operated by the Government. While Contractor personnel are at a Government site, they are required to comply with all rules and regulations in effect at that site. Contractor personnel must comply with rules and regulations governing health and safety, not only as they relate to themselves, but to Government employees and agents of the Government. The Contractor must also exercise proper care of all property at the Government site regardless of whether title to the property vests with the Government or not.

Facilities to which Contractor personnel have access will remain in the Government’s custody and must not be considered as property or facilities furnished to the Contractor.

The Contractor will be granted ingress and egress at specific Government sites where work is to be performed by the Contractor. Prior to commencing work under the terms of this contract, access to the sites must be coordinated with the Contracting Officer’s Representative (COR) or other designated Government authorities. The Contractor must contact the COR or Contracting Officer (CO) where work is required and obtain all necessary passes/access badges for persons employed by the Contractor who will require access to specific Government sites. Contractor employees and subcontractor employees without passes who enter the worksite for any reason will be subject to such actions and fines as described in the local security regulations and procedures. While at a Government facility or site, all Contractor personnel must wear Government-issued badges that identify the wearer as a Contractor (non-Government) employee.

The facility site availability will be scheduled to permit timely performance of contract requirements.

However, Contractor personnel must be prepared to work outside the normal daytime shift if conditions at the facility site do not permit such work to take place during regular working hours. In the event the facility site to which the Contractor is to have access is not made available as scheduled, the CO will, upon timely written request made by the Contractor, make a determination of the delay, if any, and will equitably adjust the delivery or prices(s) affected by such delay, in accordance with the procedures set forth in the "Changes" clause of this contract.

The Government facilities to which Contractor personnel have access will be made available during the entire Contract performance period.

H.6. WORK PERFORMED AT AIRPORTS

When performing work at airports the prime Contractor and all subcontractors must determine and comply with all rules, regulations and security requirements imposed by airport authorities. In addition, no work must be performed at an airport location until all insurance required by airport authorities has been obtained by the Contractor.

H.7. GOVERNEMNT FURNISHED PROPERTY

H.7.1 GENERAL

The AMS clause 3.10.3-2 Government Property – Basic Clause (April 2022) (incorporated into Section I, below) sets forth definitions and requirements related to GFP. In addition to the requirements set forth in that clause, the following requirements apply to GFP provided under this contract:

1. The Contractor has the primary responsibility for exercising reasonable care and control of Government property in its possession and for maintaining property records in accordance with this contract. Government property must only be used for the purpose set forth in the Contract.

The Contractor is accountable for all Government property furnished until relieved of that responsibility in accordance with the terms of the contract. Responsibility for reasonable care and

H-5 control of Government property provided under the Contract and in the possession of a subcontractor remains with the prime Contractor.

2. The Contractor is accountable for all Government property in their custody. The Contractor must not accept any GFP without FAA Form 4650-12, Materiel Requisition/Issue/Receipt, to transfer custodianship to the Contractor. When property is returned to the Government, FAA Form 4650- 12 must be used.

3. The Contractor must be responsible for interfacing with the Government Property Administrator.

The CO will designate a Government Property Administrator for the contract.

4. The Contractor must provide and maintain a Property Management System (PMS) that will adequately control, preserve, protect, and maintain all Government property. The Contractor must

a. Designate a property management point of contact for the contract.

b. Report within ten (10) working days any lost, stolen, damaged, destroyed, maintenance need, or excess property to the CO, COR, and applicable Government Property Administrator.

5. For the purposes of this Contract all items are accountable.

6. Property no longer required under the Contract is to be reported to the appropriate Government Property Administrator using SF1428 to begin disposition procedures in accordance with Agency procedures.

7. A Report of Survey, FAA Form 4630-8, must be submitted by the Contractor to the CO and COR for forwarding to the Property Administrator of all cases of missing, stolen, or damaged accountable Government property when the facts become known. This includes property under the control of a subcontractor. The CO and Government Property Administrator must review the Report of Survey to determine the Contractor's liability. (See FAA Order 4630.3, Survey of Lost, Damaged, or Destroyed Government Personal Property). The report must also include the following information:

a. The Contractor's name and the contract number.

b. Description of items missing, stolen, damaged, or unreasonably consumed to include where appropriate, the FAA bar code number, manufacturer's name, model, and serial numbers, last known condition, acquisition date, and cost. Cost of repairs in instances of damaged items. Date, time, and cause of origin of the loss, damage, destruction, or consumption. Insurance, if any, covering the Government property and whether a replacement item was purchased.

c. Actions taken by the Contractor to prevent further loss, damage, destruction, or unreasonable consumption and to prevent recurrence of similar incidents; and other facts or circumstances relevant to the determination of liability and responsibility for repair or replacement. Copies of the law enforcement agency reports providing circumstances surrounding the incident must also be submitted, if any.

H.7.2 VEHICLES

In general, the Contractor is responsible for providing transportation to, from and between work sites.

However, the FAA may – at its discretion - furnish vehicles to facilitate the progress of work. Each task order will specify any vehicles that FAA will furnish. Types of vehicles that FAA may furnish include, but are not limited to:

1. Interagency Fleet Management System (IFMS) Vehicles and Specially Equipped Trailers (May have special airport identifications or serve a special purpose);

2. Mobile Communications Vehicles (May be provided for AGVC projects); and

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3. Special Purpose Vehicles (This category may include, but is not limited to - aerial tramway, boat, airplane, snow tractor or plow, and all-terrain vehicles necessary to access a work site)

As directed in Request for Task Order Proposal (RFTOP) instructions for each task order, the Contractor may describe its requirements for vehicles (type, date needed, duration) in its task order proposal.

The Contractor must only use these vehicles for official use (as specified in the FAA and/or DOT orders pertaining to the use of Government Vehicles). Any misuse of the Government vehicles may be grounds for removal from this contract. When driving special purpose or Interagency Fleet Management System (IFMS) vehicles, the Contractor and all subcontractors must comply with the requirements of FAA Order 4670.10, “Motor Vehicle Management.” (See Attachment J3.). The Contractor must ensure that it – and all sub-Contractors - carry appropriate insurance in accordance with the applicable clauses incorporated into Section I of this contract, including (but not limited to ) AMS Clause 3.4.1-12 Insurance (October 2019). The Contractor must include both the Section I clause and this paragraph in all subcontracts if the subcontractor’s employees will drive special purpose and/or IFMS vehicles.

H.8. TECHNICAL SUPPORT – DIRECT CHARGES (CLINS X002B)

ADDITIONAL INFORMATION

Task Orders issued under this contract may require the contractor to incur other costs billable under CLINS X002B (Technical Support Other Costs). If a task order involves other costs billable under CLINS X002B, the task order will include a ceiling for those costs. In addition to the general requirements below, the Government may specify unique requirements pertaining to CLINS X002B for an individual task order.

H.8.1 ANTICIPATED CLIN X002B DIRECT CHARGES

The FAA anticipates that the Contractor will incur other costs during the performance of this contract, such as:

CLINs X002B.1: Travel (See H.8.3);

CLINs X002B.2: Materials (See definition in the AMS Clause 3.10.3-2 Government Property – Basic Clause (April 2022) incorporated into Section I);

CLINs X200B.3: Miscellaneous costs, which include but aren’t limited to:

o Fuel for vehicles and equipment;

o Routine vehicle maintenance for (i.e., oil changes, filters, inspection, licensing, etc.);

o Short term (less than 1 year) leases/rentals for equipment, such as: portable bathroom facilities; storage units; heavy duty equipment for boring, concrete work, trenching, etc.;

o CAD paper; and o Short-term rentals for construction/installation projects (vehicles, tools, equipment, etc.).

CLINs X002B.4: Contractor Acquired Property (See definition in the AMS Clause 3.10.3-2 Government Property – Basic Clause (April 2022) incorporated into Section I);

CLINs X002B.5: Rack shipping;

CLINs X002B.6: Long-term (1 year or longer) vehicle leases;

CLINs X002B.7: Trailers; and

CLINs X002B.8: Subcontracts (See H.10).

H.8.2 GENERAL REQUIREMENTS

The COR must pre-approve the purchase of any single item whose cost exceeds $2,500 or is not American Made as described in AMS Clauses 3.6.4-2 Buy American Act – Supplies (2023), 3.6.4-5

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FAA Buy American Preference – Steel and Manufactured Products (April 2022), 3.6.4-15 Buy American Act Certificate January2023), and 3.6.4-18 Certificate Regarding Steel and Manufactured Products (April 2022). In addition, the COR must preapprove other costs for any construction or installation site when the cumulative charges for that site exceed $2,500. The COR must also preapprove repetitive (e.g., monthly) costs on an annual basis. For the purposes of developing Control Account Plans and EVM reporting for Floating Crew activities, the entire amount of any of these ODCs must be allocated, as appropriate, to the construction/installation support tasks performed during the year in which the costs are accrued. The Contractor must track any Contractor Acquired Property in its Property Management System in accordance with the AMS Clause 3.10.3-2 Government Property – Basic Clause (April 2022) incorporated into Section I, below.

H.8.3 TRAVEL

Task orders issued under this contract may require travel. The Federal Travel Regulation (FTR) is the regulation that implements statutory requirements and Executive branch policies for travel by Federal civilian employees and others authorized to travel at Government expense (including Contractors). The FTR can be found at https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr and applies to this contract.

In addition to the requirements set forth in the FTR, the following requirements apply to travel undertaken during performance of this contract:

The Contracting Officer, the FAA Program Manager and the COR must approve travel prior to its occurrence.

As noted in Section C.4.4.5, the Contractor must submit a Trip Report (CDRL A1015) for each trip.

The Contractor must identify travel costs in such a way that they can be allocated to the specific construction/installation site control account.

Travel costs must not exceed the Government Per Diem rates per person per day while in travel status as defined in the FTR. Trip reports must include applicable documentation to support actual costs incurred (e.g., airfare and hotel/lodging receipts). When beneficial to the government and available, the contractor must use a government vehicle.

As ordered by the Government, the construction/installation support effort will be at Government facilities in various locations throughout the NAS. The workstation of each construction/installation Floating Crew support must be identified and approved in writing by the FAA prior to the start of work.

The Contractor must not travel without a fully executed Task Order authorizing travel.

H.8.4 COSTS THAT ARE PERSONAL IN NATURE

Except as required by AMS or other statute, the FAA will not reimburse the Contractor for costs that are personal in nature. These costs include, but are not limited to:

Cell phone service charges;

Personnel Protection Equipment (PPE) (such as heavy weather gear, gloves, hats, boots, pants, etc.); and

Construction/Installation personnel small hand tools and toolbox.

H.9. PERSONAL SERVICES AND INHERENTLY GOVERNMENTAL

FUNCTIONS PROHIBITED

This is not a personal service contract. The Contractor must not perform any personal services under this contract. No Government employee will directly supervise any Contractor employee. All individual

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Contractor employee assignments, and daily work direction, must be given by the applicable Contractor supervisor. If the Contractor believes that any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the CO of this communication or action.

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

No Contractor employee must state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

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

H.10. APPROVED SUBCONTRACTORS

If the contractor has not yet identified subcontractors, the contractor must identify any part of the work that it intends to subcontract in accordance with the AMS Clauses 3.10.2-1 Subcontracts (Fixed-Price Contracts) (January 2019) and 3.10.2-3 Subcontracts (Time-and-Materials and Labor-Hour Contracts) (April 1996) incorporated into Section I of this contract. The CO must approve the subcontractors in accordance with those AMS clauses before the contractor signs them. The contractor must require subcontractors listed in the contract to provide cost and schedule estimates, plans, and status that will support the contractor’s Earned Value Management System (EVMS).

The Contractor must flow down applicable subcontracting requirements under the prime contract to all subcontractors (except small businesses). The Contractor is responsible for flowing down the applicable requirements of the higher-level quality standard in subcontracts.

The CO must approve subcontractor EVMS plans before they begin work in accordance with the AMS Clause 1.13-2 Earned Value Management System (July 2016) incorporated into Section I of this contract.

H.11. SUPPORT CONTRACTORS

1. The FAA reserves the right to use support contractors to assist in technical reviews of Contractor performance and deliverable products under this contract. Employees of support contractors may attend meetings between the Contractor and the FAA, observe and participate with FAA personnel in function and performance tests, and have access to the Contractor’s facilities as related to any effort under this contract. However, no support contractor has or will have authority to issue directions to the Contractor, or to change the contract.

2. The Contractor agrees to cooperate with support contractor personnel by engaging in technical discussions and permitting access to information and data relating to technical matters concerning this contract (including cost and schedule information) to the same degree such access is accorded to FAA personnel.

3. When required in the performance of their assignments, support contractor personnel will also have access to deliverable data and software, subject to the same limitations and restrictions imposed on FAA personnel under this contract.

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H.12. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS

The Contractor must provide immediate notice to the CO in the event of being suspended, debarred or declared ineligible by any Federal Government Agency or Department, or upon receipt of a notice of proposed debarment from any Federal Government Agency or Department during the performance of this contract.

H.13. PERIOD FOR FAA REVIEW OF DOCUMENTS

Unless otherwise specified in a task order or this contract, the FAA requires 30 calendar days to review deliverable data items. The Contractor must incorporate any comments resulting from the review and resubmit the revised data item within the time specified in the applicable CDRL. The Contractor must schedule submission of technical documentation requiring review and approval to prevent adverse impact on other related work.

H.14. INTERPRETATION OF CONTRACT (NOTICE OF AMBIGUITIES)

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

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

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

H.15. REMOVAL OF CONTRACTOR-PROVIDED EQUIPMENT

The Contractor must remove any contractor-provided property to which the FAA does not have title from Government facilities within thirty (30) days of the conclusion of performance or termination of the contract. In addition, the Contractor must coordinate site access with the Government’s designated site points-of-contact at least seven (7) calendar days prior to visiting the site to remove the equipment.

H.16. OBSERVANCE OF LEGAL HOLIDAYS

Contractor staff assigned to work at an FAA facility must observe these Federal holidays and closures:

1. New Year’s Day

2. Martin Luther King's Birthday

3. President’s Day

4. Memorial Day

5. Juneteenth

6. Independence Day

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7. Labor Day

8. Columbus Day

9. Veterans' Day

10. Thanksgiving Day

11. Christmas Day

When one of the above-designated holidays falls on a Sunday, the following Monday will generally be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday generally is observed as a holiday.

In addition to the days designated as holidays, the Government observes the following days:

1. Any other day designated by Federal Statute

2. Any other day designated by Executive Order

3. Any other day designated by the President’s Proclamation

H.17. RELEASE AND DISSEMINATION OF INFORMATION

There must be no dissemination or publication, except in and between the Contractor and any subcontractors as necessary for performing this contract, of information (including photographs, films, public announcements, and denial or confirmation of same) contained in reports to be furnished pursuant to this contract without prior written approval of the CO.

The Contractor must not refer to the supplies or services furnished pursuant to the provisions of this contract in any publication, advertisement, or news release, without the prior written consent of the CO.

H.18. DEOBLIGATION OF INACTIVE OBLIGATIONS AND CANCELLED FUNDS

1. Inactive Obligations. At a minimum of once a calendar year, the FAA will deobligate inactive obligations automatically through a system-generated modification for obligations that meet the following criteria:

a. Obligations that have at least 365 days of inactivity and a total line item obligation balance with an absolute value of $250 or less; or

b. Obligations that have 730 days or more of inactivity and a total line obligation balance with an absolute value of $750 or less.

2. Cancelled Funds. The FAA will deobligate cancelled funds automatically through a system-generated modification. System-generated modifications for cancelled funds –

a. Will include a description in the modification text that the purpose of the modification is to deobligate cancelled funds and will cite AMS Procurement Guidance T3.3.1A.18 as the modification authority;

b. Can occur at any time and the FAA payment office will adjust all financial records to reflect the fact that no undisbursed obligation balance remains on the line item.

3. The FAA payment office will adjust all financial records to reflect that no undisbursed obligation balance remains on the line item for deobligation of inactive obligations and canceled funds.

4. Any valid invoices received by FAA after the deobligation of inactive obligations or canceled funds will be paid out of appropriate available funding.

End of Section H