SIR_692M15-25-R-00001_20MAR25_FINAL.pdf

692M15-25-R-00001 Page | 1

SECTION A – GENERAL INFORMATION

A.1 GOVERNMENT POINTS OF CONTACT

Contracting Officer:

Federal Aviation Administration (FAA) William J. Hughes Technical Center (WJHTC) for Advanced Aerospace Attn: Alan McCarty, AAQ-630 Atlantic City International Airport, NJ 08405 Phone: (609) 485-5299 Email: alan.mccarty@faa.gov

Supervisory Contracting Officer:

FAA WJHTC for Advanced Aerospace Attn: Christine Yezzo, AAQ-630.

Atlantic City International Airport, NJ 08405 Phone: (609) 485-7381 Email: christine.yezzo@faa.gov

A.2 NOTICE OF SET-ASIDE

This requirement is set-aside for competition amongst Small Economic Disadvantaged Business 8(a) certified vendors and competed using best value trade-off procedures. The North American Industry Classification System (NAICS) code is 541519 (Other Computer Related Services) and the size standard is $34 million.

(End of Section A) mailto:alan.mccarty@faa.gov mailto:christine.yezzo@faa.gov

Page | 2

SECTION B – SUPPLIES OR SERVICES & COST/PRICE

B.1 GENERAL

This Second Level Engineering (SLE) support services procurement is for non-personal services in support of the Federal Aviation Administration (FAA) Program Management Organization’s (AJM-2) Terminal 2nd Level Engineering Group (AJM-24) and En Route & Oceanic 2nd Level Engineering Group (AJM-25).

The Contractor must provide, in accordance with SECTION C and as incrementally requested and authorized in the form of individually issued Task Orders, flexible and responsive technical engineering support services to meet a variety of SLE support needs. The Contractor must provide all management, supervision, labor, facilities, equipment, material supplies, and services (except as may be expressly set forth in this Contract as furnished by the Government) and otherwise do all things necessary for, or incident to, the performance of the required services specified in individually issued Task Orders.

Due to the nature of the anticipated requirements, resources may be required on a fluctuating schedule, less than full-time basis, or even required to provide excess hours (See SECTION B.4.1.4, ‘Application of Excess Hours/Extended Work Week (EWW)’) in support of business needs. The unique aspect of this Contract is the need for a flexible workforce that can rapidly respond to fluctuating mission requirements.

All terms and conditions contained in this document unless otherwise specified, will be applicable to all Task Orders issued against this Contract without any requirement to so state.

B.2 TYPE AND TERM OF CONTRACT

B.2.1 TYPE OF CONTRACT

This SLE requirement is a single-award Indefinite Delivery Indefinite Quantity (IDIQ) Contract (herein stated as Contract). Specific tasks and work to be performed will be identified at the Task Order level.

Work under this Contract will be ordered by placing individual Task Orders against this Contract using the ordering procedures described in SECTION G, ‘Contract Administration Data’. Task Orders may be issued at any time during the term of the Contract and will on a Time and Materials (T&M) basis.

This is a not a personal services contract, as defined in FAA Acquisition Management System (AMS) Policy 3.8.2, ‘Service Contracting’. Inherently governmental functions, as described in AMS Procurement Guidance T3.8.2, ‘Service Contracting,’ are prohibited under this Contract. The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. The Contractor must manage its employees and guard against any actions that are of the nature of personal services or give the perception of personal services. The Contractor must notify the Contracting Officer immediately if it perceives any actions undertaken by the Government constitute personal services. This Contract must not be used to perform any inherently governmental functions. The Contractor must ensure that all its employees working under this Contract are informed of the substance of this clause. This clause must be flowed down to all subcontractors supporting this Contract.

B.2.2 TERM OF CONTRACT

This Contract has a term of seven (7) years, inclusive of seven (7) one-year ordering periods. Task Orders are anticipated to be placed on a yearly basis. The period of performance will be specified within the individual Task Order. See SECTION F.2, ‘Period of Performance’ for further details.

Page | 3

B.3 MINIMUM ORDERING OBLIGATION AND MAXIMUM CONTRACT CEILING

The minimum ordering obligation under this Contract is $100,000.00. The Government has no obligation beyond the minimum ordering obligation specified above, to order additional services or issue additional Task Orders to the Contractor.

The maximum Contract ceiling amount is To Be Determined (TBD) at Contract Award and will be determined based on the total cumulative value of all estimated labor costs, estimated travel costs and estimated other direct cost values identified in SECTION B.4, Contract Line-Item Number (CLIN Structure’.

Task Orders can be either fully or incrementally funded in accordance with AMS clause 3.3.1-37, ‘Limitation on Government’s Obligation’ and AMS clause 3.3.1-39, ‘Funding – Time and Materials and Labor-Hour Contracts’, respectively. The aggregate value of all Task Orders placed against this Contract will not exceed the total maximum Contract ceiling amount identified above.

B.4 CONTRACT LINE-ITEM NUMBER (CLIN) STRUCTURE AND SCHEDULE

The Contractor’s fixed, fully burdened hourly labor rates by ordering period will be used to price the labor on individual Task Orders awarded against this Contract. The schedule for this Contract, by labor category and ordering period, is provided at Attachment B-1, ‘Pricing Schedule’.

The first two digits of the CLIN identify the Ordering Period, as illustrated in Table B.4.1, Contract Line- Item Number (First Two Digits) below:

CLIN Format Performance Period

01xxx Ordering Period One (1)

02xxx Ordering Period Two (2)

03xxx Ordering Period Three (3)

04xxx Ordering Period Four (4)

05xxx Ordering Period Five (5)

06xxx Ordering Period Six (6)

07xxx Ordering Period Seven (7)

Table B.4.1 Contract Line-Item Number (First Two Digits)

The last three digits of the CLIN identify the category of cost, as illustrated in Table B.4.2, Task Order Contract Line-Item Number Categories below and will be used, as applicable, at the Task Order level.

CLIN Description Contract Reference

XX001 Time and Material (T&M) Support Services B.4.1

XX002 Estimated Travel B.4.2

XX003 Estimated Other Direct Costs B.4.3

Table B.4.2 Task Order Contract Line-Item Number Categories

Page | 4

B.4.1 TIME AND MATERIALS (T&M) SERVICES

The fixed, fully burdened hourly labor rates by labor category and by ordering period are set forth in the Attachment B-1, ‘Pricing Schedule’ and apply to all labor hours, regardless of whether the labor hour is expended by the Contractor or by one of its subcontractors or teaming partners. These rates represent the rates that the Government will accept during the life of this Contract and will be used on all Task Orders issued under this Contract.

The fixed, fully burdened hourly labor rate includes wages, profit, indirect costs (i.e. overhead, fringe, etc.) and any year-over-year escalation rate (i.e. the annual percentage change in the cost or price of services). Indirect costs include those costs associated with employees over and above gross compensation or payroll (e.g. payroll taxes and social security deductions, workers’ compensation required by the federal government or the state of performance, health insurance, paid time off, company training, vacation, and sick leave, pension contributions, and other benefits). The Government will not recognize any additional costs which are not made a part of the fixed, fully burdened hourly labor rates or pre-approved on Cost Reimbursable CLINs for Travel and/or Other Direct Costs, as applicable.

By entering into this Contract, the Contractor acknowledges and agrees that the fixed, fully burdened hourly labor rates reflected in the Attachment B-1, ‘Pricing Schedule’ will be fixed throughout the term of the Contract.

Unless otherwise specified in a Task Order, the Contractor may deliver 90% to 110% of the estimated hours specified for each labor category without formal modification to the Task Order as long as the Contractor does not exceed the total obligated funding for the Task Order. All work will be performed in accordance with the SECTION C, Attachment C-1, ‘Statement of Work’ as well as, the Statement of Work(s) (SOWs) provided for each individual Task Order.

In performance of this Contract, the Contractor shall provide the total number of personnel based on the ordered amount of T&M labor hours as specified in the individual Task Order for the associated Contract period. Work under these CLINs will be performed for all SECTION C, Attachment C-1, ‘Statement of Work’ sections, as applicable (as further defined in individual Task Order SOWs). For purposes of this term, labor hours are defined as actual work hours exclusive of vacation, holidays, sick leave and any other absences.

Only those labor categories contained in the SECTION C, Attachment C-2, ‘Statement of Work - Minimum Labor Category Qualifications’ shall be charged to this Contract. The functional descriptions and education and experience requirements for these labor categories are provided in Attachment C-2, ‘Statement of Work - Minimum Labor Category Qualifications’. It is estimated that the T&M labor hours provided at Attachment B-1, ‘Pricing Schedule’ are necessary to accomplish the requirements of this Contract. The FAA reserves the right to increase or decrease the T&M hours for any ordering period depending on requirements. Changes to the number of estimated labor hours will be made in accordance with AMS clause 3.10.1-14, ‘Changes -Time and Materials or Labor Hours’.

B.4.1.1 NO CHANGE TO RATES

The fixed, fully burdened hourly labor rates identified at Attachment B-1, ‘Pricing Schedule’ are not subject to change after the Contract is awarded, even if a Subcontractor is added or removed by the Contractor during the performance period of this Contract.

Page | 5

B.4.1.2 PRODUCTIVE LABOR HOURS

The Government will only pay for productive, direct labor hours, i.e. those hours authorized by the Contracting Officer and applicable Task Order(s), in performing work under this Contract. This does not include sick leave, holiday, vacations, jury duty, military leave, administrative leave, etc., but does include authorized travel (reference SECTION B.4.2, ‘Travel’).

B.4.1.3 GOVERNMENT ON-SITE RATES

Performance under this Contract will utilize Government “on-site” rates. These fixed, fully burdened hourly labor rates must take into account that the Government will provide adequate workspace, software, hardware, utilities, telephone, office supplies, janitorial services, and other FAA provided services necessary to meet the performance requirements.

B.4.1.4 APPLICATION OF EXCESS HOURS/EXTENDED WORK WEEK

For purposes of this Contract ‘Excess Hours’ is defined as “hours worked by a contractor’s employee in excess of forty (40) hours in a week,” resulting in extended work week (EWW) support. Excess hours/EWW support is dictated by task requirements and will not be considered as a means of providing regular support under this Contract.

The Contractor agrees to perform this Contract, so far as practicable, without using excess hours, particularly as a regular employment practice, except when lower overall costs to the Government will result or when it is necessary to meet urgent program needs.

Overtime premiums will not be reimbursed under this Contract. Excess hours worked will be reimbursed at the fixed, fully burdened hourly labor rate established in the Attachment B-1, ‘Pricing Schedule’.

Prior written approval by the Contracting Officer’s Representative (COR) is required to work excess hours in accordance with the ‘Excess Hours Request’ process noted in SECTION C, Attachment C-1 ‘Statement of Work’, paragraph 8.3.1, ‘Excess Hours/EWW Request Process’.

B.4.2 TRAVEL

The Contractor will be reimbursed for allocable, allowable, and reasonable pre-approved travel expenses only at the per diem rates specified in applicable Federal travel regulations and in accordance with FAA AMS Procurement Guidance T.3.3.2, ‘Contract Cost Principles’. Travel reimbursement will be in accordance with AMS clause 3.3.2-1, ‘FAA Cost Principles’ and AMS clause 3.3.2-2, ‘Reimbursement for Travel and Subsistence’. Travel and per diem reimbursement rates are located at:

http://www.gsa.gov/perdiem.

The Government may elect to increase or decrease Travel estimates at its discretion during the performance of the Contract.

Travel must be directly related to and required for performance of this Contract. Travel dates, times, locations and estimated costs must be coordinated and pre-authorized in writing by the FAA COR in accordance with the SECTION C, Attachment C-1, ‘Statement of Work’, paragraph 9.1, ‘Travel Request Pre-Authorization Requirements’.

http://www.gsa.gov/perdiem

Page | 6

The Contractor must include a breakout of all authorized travel expenses and supporting documentation, including submission of the pre-approved travel authorization with submission of the invoices applicable to the travel expense.

Travel costs will be reimbursed on a cost reimbursable basis and must not be burdened with any indirect costs unless specifically allowable in accordance with the Contractor’s usual accounting practices at the rates established, by ordering period, in Attachment B-1, ‘Pricing Schedule’ (if applicable). In no event shall travel costs be burdened with fee/profit.

For travel where use of personal automobile has been specifically authorized, reimbursement must be computed based on actual miles travelled from starting point to destination. Other related miscellaneous expenses, such as tolls and parking fees, incurred in the performance of tasks authorized under this Contract, will be reimbursed.

Car rentals require advance approval of the COR and will be authorized only when consistent with good business practice. Allowable rental car costs must not exceed the actual cost of renting a compact automobile (a maximum of one rental car for four Contractor personnel), unless extenuating circumstances (e.g., excess baggage) require other arrangements and subsequent COR approval is obtained.

Normal commuting and local travel expenses are not allowable travel expenses and will not be reimbursed.

B.4.3 OTHER DIRECT COSTS

Other Direct Costs (ODCs) are not anticipated under this Contract.

ODCs exclude travel costs, which are billed under a separate CLIN.

However, there may be instances in which Task Orders require ODCs on a cost reimbursable only basis.

ODCs are defined as ancillary, incidental expenses that are deemed within scope of the tasks being performed under a specified Task Order. In these instances, the Contractor would be reimbursed in accordance with AMS clause 3.3.2-1, ‘FAA Cost Principles’ for allocable, allowable and reasonable ODC costs.

The Contractor may include a fair and reasonable rate/burden (general and administrative (G&A) rate) on ODCs in accordance with the Contractor’s established accounting practices, but no profit/fee is allowed.

The Contractor’s G&A rates to be applied to this CLIN by ordering period are contained within Attachment B-1, ‘Pricing Schedule’. The G&A rate must not exceed ten (10) percent.

The Contractor must justify and fully support the need for any ODC to complete Contract tasks at the Task Order level. When requested by the Government, ODCs may be proposed using a cost estimating relationship and must include statements of assumptions. The Government will analyze proposed ODCs.

The Government’s analysis is not bound by the estimating methods used by the Contractor. The Government determines the reasonableness and allowability of the costs according to Government cost accounting standards. Reasonableness will be determined by the Government’s assessment that the proposed costs are crucial to complete the Contract tasks, affordable, consistent with the Contractor’s estimating assumptions, and inclusive of all feasible costs estimated to complete the work.

Page | 7

If the Government accepts the proposed ODC, the Contracting Officer will document that acceptance. If the Government does not accept the proposed ODC, the Contracting Officer will document concerns with the proposal and deny or develop a pre-negotiation position for costs covered by the estimate. The Government may conduct negotiations with the Contractor prior to awarding ODCs.

No ODC costs shall be incurred without written approval from both the Contracting Officer and the Contracting Officer’s Representative. Written approval must be obtained via the ODC Approval process identified in SECTION C, Attachment C-1, ‘Statement of Work’, paragraph 10, ‘ODC Approval Request Process’.

Page | 8

SECTION C – DESCRIPTION/SPECIFICATIONS – SCOPE OF WORK

See Attachment C-1, ‘Statement of Work’ See Attachment C-2, ‘Statement of Work - Minimum Labor Category Qualifications’

Page | 9

SECTION D – PACKAGING AND MARKING

D.1 GENERAL

The requirements of SECTION D apply when there are deliveries/deliverables included in a Task Order.

All products delivered must be packaged in accordance with best commercial practices. A Task Order may include additional packaging and marking requirements, other than those enumerated in this Section.

D.2 CONTENT OF DELIVERABLES

Technical reports/plans must be delivered in accordance with the SECTION C, Attachment C-1 ‘Statement of Work’ and as specified in an individual Task Order. The Contractor must provide separate digital images of any photos, figures or drawings used in reports if the images are too large to be contained in the original Microsoft Word files. Technical presentations must be in accordance with best commercial practices.

D.3 MARKING OF REPORTS

The Contractor must mark all reports as follows:

a. Report title

b. Contract number

c. Task Order (TO) number

d. Date submitted

e. Report performance period (i.e. date range pertaining to the relevant information reported)

f. Contractor’s name and address

g. Contractor’s Point of Contact (POC)

h. Applicable Data Rights Notices

i. Distribution list, including name of COR

D.4 DELIVERABLES MEDIA

Unless otherwise directed at the Task Order level, the Contractor must submit deliverables in an editable electronic format and store accepted deliverables in an FAA-approved repository. Documentation must be compatible with the version of commercial applications used by the FAA, which currently includes, but is not limited to:

• Text/Documents/Reports - Microsoft Word

• Spreadsheets - Microsoft Excel

• Presentations/Briefings - Microsoft PowerPoint

• Drawings - Microsoft PowerPoint and/or Visio

• Schedules - Microsoft Project

• Collaboration Solution - Microsoft SharePoint and/or Microsoft Teams

Page | 10

Portable Document Format (PDF) files may be utilized if approved at the Task Order-level by the COR on a deliverable-by-deliverable basis. When requested by the COR, the Contractor must provide the original format (e.g. Microsoft Word, etc.) of the documentation.

The COR will identify the intended repository for each accepted deliverable.

D.5 PRESERVATION, PACKAGING, AND PACKING OF EQUIPMENT AND SUPPLIES

Preservation, packaging and packing for shipment or mailing of all deliverables hereunder must be in accordance with best commercial practices, sufficient to assure arrival at destination in a safe and undamaged condition. Supplies must be shipped prepaid by common carrier, parcel carrier or parcel post (unless otherwise specified on an individual Task Order).

D.6 MARKING AND STORAGE OF EQUIPMENT AND SUPPLIES

A Material Inspection and Receiving Report (DOT-4220.42) with a detailed paper packing list, in an envelope must be conspicuously placed on the outside of the lowest numbered package (one packing list for each shipment), or as specified on an individual Task Order. All marking and storage expenses which are incidental to Contractor’s shipping of the materials under this Contract will be made at the Contractor's expense (and not on a reimbursable basis).

D.7 CONTRACTOR PROPERTY REMOVAL

The Contractor will be solely responsible for removing (at its expense, not on a reimbursable basis) within thirty (30) days after expiration or earlier termination of this Contract, all personal property (e.g., equipment, supplies, etc.) which it has placed at government premises during performance of this Contract (and its applicable Task Orders).

Page | 11

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

The Contracting Officer, or their duly authorized representative, is authorized to perform inspection on behalf of the Government for the purpose of acceptance of all materials, data, or services to be provided.

In this regard, the COR is an authorized representative of the Contracting Officer.

The COR will perform inspection on behalf of the Government for the purpose of acceptance of all services and/or items (deliverables/reports) to be provided as part of this Contract. If the COR determines that there are omissions, errors, and/or deficiencies in the Contractor’s deliverables (excluding equipment), the Contractor must make the necessary corrections that will allow the Government to accept the final product. The COR will provide a written notification of acceptance or rejection within thirty (30) business days of receipt of the final product, or as specified within each Task Order SOW. The Contractor must correct the report or deliverable within fifteen (15) business days unless otherwise specified. The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies and/or services furnished under this Contract conform to contract requirements.

Inspection, review or the anticipation of acceptance/approval of a deliverable during development/creation, must not be construed as assurance of acceptance of the finished product.

Final acceptance of all services and/or deliverable items under this Contract will be made in writing by the COR. Inspection and acceptance will be at destination.

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 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)

3.10.4-5 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (APR 1996)

https://fast.faa.gov/contractclauses.cfm

Page | 12

SECTION F DELIVERIES OR PERFOMANCE

F.1 PERIOD OF PERFORMANCE

a. Contract Term: This Contract has a total term of seven (7) years, inclusive of seven (7) one-year ordering periods. The Contract period of performance is effective upon execution of the Contract by the Contractor and the FAA Contracting Officer.

b. Task Order(s) Term: The term for each Task Order placed under this Contract will be specified in the individual Task Order. Task Orders are anticipated to be placed on a yearly basis. Under no circumstances may a Task Order be placed under this Contract if the Contract has expired or has been terminated or cancelled by the Government.

c. Option periods, are not anticipated, but may be included within individual Task Order awards, when determined in the best interest of the Government, and will be exercised in accordance with the applicable option clause. Task Order options, if included at initial issuance of the Task Order, may be exercised after the expiration date of the Contract. Task Orders may extend past the Contract Term as specified in AMS clause 3.2.4-20, ‘Indefinite Quantity’.

d. This Contract contains both AMS clause 3.2.4-34, ‘Option to Extend Services’ and AMS clause

3.2.4-35, ‘Option to Extend the Term of the Contract’. The Government reserves the right to exercise these option periods unilaterally in accordance with SECTION B and SECTION F of this Contract and at the fixed, fully burdened labor rates and estimated values established in SECTION B.

F.2 PLACE OF PERFORMANCE

Services under this Contract will be performed “on-site” at Government locations. The primary performance location is at the WJHTC for Advanced Aerospace in Atlantic City, NJ, however, support may be at other Continental United States (CONUS) FAA locations (on-site rate). Some tasks may require the Contractor to travel to more than one location in support of the work effort. Refer to SECTION C, Attachment C-1, ‘Statement of Work,’ paragraph 7, ‘Place of Performance’ for additional details.

F.2.1 ACCESS TO GOVERNMENT FACILITIES

Work under this Contract requires performance at Government facilities. The Contractor will be granted access to specified sites. Access to the FAA sites must be coordinated with the FAA COR. The Contractor personnel at the facilities are required to follow all FAA rules and regulations. Contractor employees must wear identification badges that clearly identify them as such.

F.2.2 TELEWORK

Refer to SECTION C, Attachment C-1, ‘Statement of Work’, paragraph 8.4, ‘Telework’.

F.3 HOURS OF OPERATION

The core hours of this Contract are 7:00 AM to 6:00 PM, local times. Work schedules are determined by Task Order requirements and are performance driven. Other hours may be specified at the Task Order level. The Contractor may be required to modify their work schedule to meet Task Order requirements.

Page | 13

Reference SECTION C, Attachment C-1, ‘Statement of Work’, paragraph 8, ‘Work Hours and Work Schedules’.

F.4 STANDARDS FOR SERVICES AND DELIVERABLES

The services required under each individual Task Order must be delivered and received at destination within the time frame specified in each Task Order. All work performed under each Task Order will be at the highest quality applicable and delivered according to the Task Order SOW. Deliveries or performance requirements, such as (1) optional clauses, (2) agency clauses, or (3) specific clauses, may be included in a Task Order.

The Contractor must deliver and perform according to the requirements of the Contract and may be denied further work for substandard performance. General acceptance criteria and standards for deliverables required under this Contract and subsequent Task Orders are provided in SECTION C, Attachment C-1, ‘Statement of Work’, paragraph 6.2, ‘General Acceptance Criteria’, and may be further defined in Task Order SOWs.

Deliverables must also comply with requirements for accessibility at Section 508 of the Rehabilitation Act (29 U.S.C 794d) (Reference Section H.17, ‘Section 508 of the Rehabilitation Act’ for additional information).

F.5 DELIVERY OF SERVICES AND DELIVERABLES

a. All Task Order deliverables and reports; required delivery dates; and destination of delivery and schedule for completion of work to be performed will be specified within individual Task Orders issued under this Contract, as applicable.

b. For purposes of delivery, all deliverables must be made by close of business (COB) 6:00 PM Eastern

Standard Time (EST), Monday through Friday, unless otherwise stated within the individual Task Order.

c. All deliverables submitted in electronic format must be free of any known computer virus or defects.

If a virus or defect is found, the initial deliverable will not be accepted. The replacement file must be provided within two (2) business days after notification of the presence of a virus.

d. Each deliverable must be accompanied by a cover letter from the Contractor on company letterhead.

Multiple deliverables may be delivered with a single cover letter describing the contents of the complete package.

e. In the event the Contractor anticipates difficulty in complying with any delivery schedule, the

Contractor must immediately provide written notice to the Contracting Officer and COR. Each notification must give pertinent details, including the date by which the Contractor expects to make delivery; provided that this data must be informational only in character and that receipt thereof must not be construed as a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

f. In the event the Contractor is non-compliant in submission of deliverables, the Government may reflect the non-compliance in the Contractor Performance Assessment Reporting System (CPARS) report.

Page | 14

g. Deliverables must be submitted to the COR and a courtesy copy submitted to the Contracting Officer and Contracting Specialist (if applicable).

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 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 STOP-WORK ORDER (OCT 1996)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

3.11-34 F.O.B. DESTINATION (APR 1999)

3.8.2-22 SUBSTITUTION OR ADDITION OF PERSONNEL (OCT 2006)

(1) The Contractor must assign only those individuals whose resumes, personnel data, or personnel qualification statements have been submitted and determined by the Contracting Officer to meet the minimum requirements of the contract. The Contractor must not substitute or add personnel except in accordance with this clause.

(2) Substitution of Personnel.

(a) For the first 180 days of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.

(b) If an individual becomes, for whatever reason, unavailable for work under the contract for a continuous period exceeding thirty (30) working days or is expected to devote substantially less effort to the planned work, the Contractor must propose a substitute personnel as required by paragraph (4) below.

(3) Addition of Personnel. If an FAA requirement will increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract, then the Contractor must notify the Contracting Officer to add personnel to the designated labor category. The Contractor must request added personnel as required by paragraph (4) below.

(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least 15 days (if a security clearance must be obtained, at least 30 days) before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete

Page | 15 resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer. Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel.

(5) The Contracting Officer may terminate the contract if the Contractor has not made suitable, timely, and reasonably forthcoming replacement of personnel who have been reassigned or terminated or otherwise become unavailable to work under the contract or the resulting loss of productive effort would impair the successful completion of the contract. Alternatively, if the Contracting Officer finds the Contractor to be at fault for the condition, then the Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor's action.

Page | 16

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER

The FAA Contracting Officer's name and address assigned to this Contract are as follows:

Alan McCarty Phone: (609) 485-5299 Address: FAA WJHTC for Advanced Aerospace Laboratory Services Branch-AAQ 630 Bldg. 300, 4th Floor Atlantic City International Airport, NJ 08405 Email: alan.mccarty@faa.gov

The Contracting Officer assigned to this Contract has responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the Contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this Contract. In addition, the Contracting Officer is the only person authorized to approve changes to any of the requirements under this Contract, and notwithstanding any provision contained elsewhere in this Contract, the said authority remains solely with the Contracting Officer.

No verbal statement by any person, or unwritten statement by anyone other than the Contracting Officer, or his/her authorized representative acting within the scope of his/her authority, shall be interpreted as modifying or otherwise affecting the terms of this solicitation or any resulting contract. It is the responsibility of the Contractor to contact the Contracting Officer and Contract Specialist immediately if there is even the appearance of any technical direction that is or may be outside the scope of the Contract.

Costs incurred that were not authorized by the Contracting Officer and/or work outside the scope of the Contract may be considered unallowable costs and will not be reimbursed by the Government.

G.2 DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR)

Work to be performed under this Contract shall be subject to the technical direction of the FAA CORs listed below:

Contracting Officer Representative:

Name: (TBD AT TIME OF AWARD) Phone: (XXX) XXX-XXXX E-mail: TBD@faa.gov

Contracting Officer Representative (Alternate):

Name: (TBD AT TIME OF AWARD) Phone: (XXX) XXX-XXXX E-mail: TBD@faa.gov mailto:alan.mccarty@faa.gov

Page | 17

The Contracting Officer has the overall responsibility of the Contract and resultant Task Orders. The Contracting Officer is authorized to take actions on behalf of the Government to amend, modify, or deviate from the Contract terms, conditions and requirements. The Contracting Officer may delegate certain other responsibilities to his/her authorized representatives or COR.

The individuals identified above have been appointed as the CORs for the overall Contract. Task Order CORs called “TOCORs” may also be designated by the Contracting Officer for each Task Order issued.

The appointment(s) will be effective until the Task Order is completed or a written, or electronic, notice of termination is received from the Contracting Officer responsible for the Task Order, whichever occurs first. Changes to the COR (if applicable) may be made by the Contracting Officer via electronic mail or by Task Order modification (changes, directed by electronic mail will be confirmed in the next subsequent modification, as applicable).

The COR has the authority to monitor the technical progress of the services that are to be delivered under Task Orders. This includes visits to the place of performance, meetings and telephone conversations with the contractor personnel, acceptance, or rejection of the contracted items and other duties that may be authorized by the Contracting Officer.

The COR cannot authorize or order cessation of work or delete, change, or waive any of the technical requirements or other terms and conditions of the Contract and/or Task Order. Should the Contractor desire a change (monetary or otherwise) to a Task Order, a written request to the Contracting Officer for consideration must be submitted. If appropriate, the change will be incorporated by a contract modification/revision.

Whenever a difference of opinion regarding contractual terms/scope of work between the Contractor and the COR occurs, the Contractor must notify the Contracting Officer immediately.

G.3 CORRESPONDENCE PROCEDURES

The Contractor must assure an electronic means for communicating with FAA personnel and that communications are compatible with the FAA’s electronic mail system which is Microsoft Outlook. The Contractor must also ensure that the Contractor’s electronic mail has the capability to receive and retrieve FAA attachments (currently 10Mb). All correspondence relating to the Contract and applicable Task Orders must include the Contract number and a Task Order number (if applicable).

To promote timely and effective contract administration, correspondence submitted under this Contract (except for invoices and deliverables) is subject to the following procedures:

a. Technical correspondence of a routine nature must be addressed to the designated COR.

b. Other considerations including correspondence proposing or otherwise involving waivers, deviations or modifications to the contract, must be addressed to the Contracting Officer and Contracts Specialist (if applicable), with information copies to the COR.

c. Correspondence regarding schedule changes or problems with performance must be addressed to the

Contracting Officer and Contracts Specialist (if applicable) with a courtesy copy to the COR.

Page | 18

G.4 INVOICE PROCEDURES

The FAA utilizes the Delphi eInvoicing web-portal for processing invoices. Invoicing procedures and payments will be made pursuant to AMS clause 3.3.1-40, ‘Electronic Submission of Payment Requests’ and the terms defined below. Invoices must be submitted with supporting documentation to substantiate the payment request being invoiced.

Invoices must be submitted monthly in accordance with AMS clause 3.2.4-5, ‘Allowable Cost and Payment’. Payment is subject to review, approval and certification by the Contracting Officer and COR.

In the event of questioned costs, the Contracting Officer may withhold any or all invoice amounts until the Contractor provides all required data to the satisfaction of the Contracting Officer.

Invoices must be submitted by individual Task Order. All invoices submitted as attachments in the Delphi eInvoicing web-portal must contain the following:

1. Invoice number and invoice date.

2. Period of performance covered by invoice.

3. Contract number and title.

4. Task Order number and title (if applicable).

5. Amount billed (by CLIN), current and cumulative.

6. Total Labor Hours billed (current and cumulative).

7. Total ($) of billing (current and cumulative).

8. Funds remaining under the Task Order along with an estimated date of expenditure.

9. Name, title, phone number, mailing address, and email address (if available) of person to be contacted in the event of a defective invoice.

If the Contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses. The invoice must include the approved Travel Authorization Request in accordance with Section G.7.1, ‘Travel’.

If the invoice includes authorized ODCs, the invoice must include the approved ODC Request in accordance with Section G.7.2 ‘ODCs’.

If the invoice includes an authorized EWW, the invoice must include the approved EWW request in accordance with Section B.4.1.4, ‘Application of Excess Hours/Extended Work Week’ and Attachment C-1, ‘Statement of Work’. paragraph 8.3.1, ‘Excess Hours/EWW Requests’.

Compliance with these instructions will reduce correspondence and other causes for delay to a minimum and will thus promote prompt payments to the Contractor. Invoices and any required supporting cost documentation must be submitted no more frequently than once per month unless prior written consent is obtained from the Contracting Officer.

G.5 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

Page | 19 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:

i. Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement by the Contractor; and

ii. 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.

G.6 CONTRACTOR’S 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.7 TRAVEL AND OTHER DIRECT COSTS

G.7.1 TRAVEL

Travel may be required to support Task Orders issued under this Contract. Travel must be directly related to and required for performance of this Contract. Travel must be pre-authorized in writing by the FAA COR.

(Reference Section, B.4.2 ‘Travel’ and SECTION C, Attachment C-1, ‘Statement of Work’, paragraph 9, ‘Travel’).

The Contractor will be reimbursed for allocable, allowable, and reasonable pre-approved travel expenses only at the per diem rates specified in applicable Federal travel regulations and in accordance with FAA AMS Procurement Guidance T.3.3.2, ‘Contract Cost Principles’. Travel reimbursement will be in accordance with AMS clause 3.3.2-1, ‘FAA Cost Principles’ and 3.3.2-2, ‘Reimbursement for Travel and Subsistence’. Travel and per diem reimbursement rates are located at: http://www.gsa.gov/perdiem.

Travel costs must not be burdened with any indirect costs unless specifically allowable in accordance with the Contractor’s usual accounting practices at the rate established at the Contract level. In no event shall travel costs be burdened with fee/profit.

G.7.2 OTHER DIRECT COSTS

Authorized ODCs may be required to support Task Orders issued under this Contract (reference Section 4.3, ‘Other Direct Costs’). ODCs are defined as ancillary, incidental expenses that are deemed within scope of the tasks being performed under a specified Task Order. ODCs exclude travel costs, which are billed under a separate CLIN. In these instances, the Contractor would be reimbursed for allocable, allowable and reasonable ODC costs.

No ODC costs shall be incurred without written approval from both the Contracting Officer and the COR.

Written approval must be obtained via the ODC Approval process in SECTION C, Attachment C-1, ‘Statement of Work’, paragraph 10.1, ‘ODC Approval Request Requirements’.

http://www.gsa.gov/perdiem

Page | 20

The Contractor will be reimbursed in accordance with AMS clause 3.3.2-1, ‘FAA Contract Cost Principles.’ Authorized ODCs will be reimbursed on a cost-plus reimbursable basis (no profit). Indirect costs may be applied to ODCs in accordance with the Contractor’s established accounting practices, and at the ceiling percentage rate applied to this CLIN, identified in Attachment B-1, ‘Pricing Schedule’.

G.7.3 GENERAL & ADMINISTRATIVE HANDLING RATE

Travel and ODCs will be reimbursed on a cost plus general and administrative expense (no fee) basis.

Attachment B-1, ‘Pricing Schedule’ contains the G&A rate for Travel and ODCs (as applicable) for each ordering period. The purpose of the G&A rates is to allow the contractor to recoup the indirect costs associated with Travel and ODCs. The G&A rates consist of the percentage that the Contractor may apply against all travel expenses (as applicable) and ODC expenses (G&A rate not to exceed 10%) when invoicing the Government for these expenses under this Contract. The G&A rates for Travel and ODCs shall be the same whether the expense is incurred at the prime contractor or subcontractor level. No additional handling rate will be chargeable in such situations where the subcontractor incurs the travel or ODC expense (e.g., application of a handling rate on top of a handling rate against a travel expense is not allowable).

G.8 ORDERING PROCEDURES

Performance under this Contract is subject to the following:

a. All work to be performed under this Contract must be within the scope of the SECTION C, Attachment C-1, ‘Statement of Work’ and must not commence until so authorized by an authorized Contracting Officer in a specific Task Order awarded under this Contract. All Task Orders issued under this Contract will only be processed by the FAA WJHTC for Advanced Aerospace / Office of Information Technology (AIT) Services Division (AAQ-600).

b. The Contractor must incur costs only in the performance of Task Orders issued in accordance with these ordering procedures. No other costs are authorized under this Contract without the express written consent of the Contracting Officer. Any effort undertaken by the Contractor pursuant to oral or written direction by any individual other than the Contracting Officer will be at the Contractor’s risk and expense.

c. Task Orders may be incrementally funded in accordance with AMS clause 3.3.1-39, ‘Funding - Time-and-Materials and Labor-Hour Contracts’.

d. Task Orders will specify work assignments within the scope of the Contract and will contain the following information, as required:

1. Task Order number

2. FAA COR and TOCOR (if applicable)

3. Period of performance (PoP) (including any Options, if applicable)

4. Place of performance

5. Description of the work to be performed/ Task Order Statement of Work

6. Task Order Ceiling based upon estimated level of effort

Page | 21

7. Labor Mix required, as well as associated obligated funding

8. Contract CLINs associated with the Task Order

9. Estimated Other Direct Costs (ODCs) (if applicable)

10. Estimated Travel (if applicable)

11. Other Requirements (special labor requirements, data rights, etc.)

12. Personnel Security and Security requirements (if required)

13. List of Government Furnished Property, Equipment, and/or Information (GFP/GFE/GFI)

14. Deliverables with required delivery dates and acceptance criteria

G.9 TASK ORDER CLOSEOUT

It is the intention of the FAA to perform closeout procedures on an individual Task Order basis. The Contractor agrees to perform those internal functions necessary to support this process in a timely manner. Task Order closeout will occur as soon as possible.

G.10 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data are included in each individual Task Order.

G.11 REPORTS OF PROBLEMS

In addition to any Task Order reporting requirements, the Contractor must bring actual or potential problems to the attention of the Contracting Officer and COR as soon as they are known. Oral reports will be followed by written narrative reports to the Contracting Officer within five (5) business days.

G.12 APPROVAL OF SUBCONTRACTORS

The Government will approve subcontractors in making the award of this Contract. If a Contractor proposes to use a subcontractor other than one that has been pre-approved at the Contract level at time of award, for work to be performed under a Task Order, the Contractor must obtain written consent from the Contracting Officer and must comply with AMS clause 3.10.2- 2, ‘Subcontracts (Cost-Reimbursement and Ceiling Priced Contracts)’.

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 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.

3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)

Page | 22

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INTERPRETATION OF CONTRACT (NOTICE OF AMBIGUITIES)

a. This written Contract 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.

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

H.2 FAA RIGHT…