R-00025 Section H.pdf

693KA8-21-R-00025

PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 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)

H.2 PERSONAL SERVICES

No personal services shall be performed under this contract. No contract employee will be directly supervised by any employees of the Government. All individual 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 Contracting Officer 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 communication with third parties in connection with the 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. In such a circumstance, if the other Contractor believes any communications may change the direction of their contract, they should notify the Contracting

Officer for that contract and not carry out the direction until a clarification has been issue by the

Contracting Officer.

The Contractor must inform all of its employees working on this contract of the substance of this clause. Nothing in this clause will limit the Government’s rights to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier.

H.3 REDUCTION OF SERVICES

The Government may decrease, as requirements dictate, the quantity of services called for in the

Schedule at the unit price specified. The Government will provide thirty (30) days’ notice to the

Contractor prior to any termination under this contract. Performance of the remaining items must continue as required by the contract. The Government also reserves the right to return the terminated site(s) to the contract with thirty (30) days’ notice to the Contractor. Notification(s) for such actions will be in written form from the Contracting Officer.

H.4 ACCESS TO GOVERNMENT PROPERTY AND FACILITIES

(a) In performance of this contract, the Contractor may be required to attend meetings or site visits at various FAA buildings including the Federal Aviation Administration Headquarters Building, Washington, D.C. The Contractor will be granted access to the building at all times during normal work hours in performance of the contract.

(b) While Contractor personnel are at any 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 employee conduct with respect to health and safety, not only as they relate to themselves but also to other Government employees or agents of the Government. The

Contractor must also exercise proper care of all property at the Government site regardless of whether title or such rests with the Government or not.

(c) The Contractor employees requiring access must be processed through the appropriate local security office. Although the Contractor must not be required to handle classified data, security precautions are required for access to Government computer resources. Contractor employees who require computer access will be assigned user accounts, which require user specific passwords for entry.

(d) The property or facilities to which Contractor personnel will have access will remain in the

Government’s custody and will not be considered as property or facilities furnished to the

Contractor.

(e) The Government facilities to which Contractor personnel will have access under this Contract will be made available during the entire contract performance period.