SIR-692M15-26-R-00008_Grounds_Maintenance_and_Snow_Removal_Services.pdf

FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS

13. ACKNOWLE DGEMENT OF AMENDMENTS AMENDMENT NO.

amendment s to the SOLICITATION for offerors

CODE FACILITY

1 B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

14C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

1. CONTRACT NO. 5. REQUISITION/PURCHASE NUMBER

692M15-26-R-00008

6. ISSUED BY AAQ650-AFN

SOLICITATION, OFFER AND AWARD

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

SOLICITATION

8. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the depository located in until local time

(Hour) (Date)

CAUTION: LATE Submissions, Modifications and Withdrawals. All offers are subject to all terms and conditions contained in this solicitation.

9. FOR

INFORMATION

CALL

A. NAME

Kenneth W. Hitchens

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

ken.hitchens@faa.gov AREA CODE

NUMBER

485-6125

EXT.

10. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 2 X I CONTRACT CLAUSES 18

X B SUPPLIES OR SERVICES AND PRICE/COST 3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 5 X J LIST OF ATTACHMENTS 55

X D PACKAGING AND MARKING 6 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 7 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 8

X G CONTRACT ADMINISTRATION DATA 9 X L INSTR., CONDS., AND NOTICES TO OFFERORS 66

X H SPECIAL CONTRACT REQUIREMENTS 13 X M EVALUATION FACTORS FOR AWARD 75

OFFER (Must be fully completed by offeror)

NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period .

11. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above , to furnish any or all items upon which prices are offered at the price set opposite each item , delivered at the designated point(s), within the time specified in the schedule.

( 30 CALENDAR DAYS (%) CALENDAR DAYS

DATE AMENDMENT NO.

15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

16. SIGNATURE 17. OFFER DATE

AWARD (To be completed by CONTRACT AUTHORITY)

18. ACCEPTED AS TO ITEMS NUMBERED 19. AMOUNT 20. ACCOUNTING AND APPROPRIATION

21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 22. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

23. ADMINISTERED BY (If other than Item 6) CODE 24. PAYMENT WILL BE MADE BY CODE

25. NAME OF CONTRACTING OFFICER (Type or print) 26. CONTRACT AUTHORITY

(Signature of Contracting Officer)

27. AWARD DATE

IMPORTANT - Award will be made on this Form, or by other authorized official written notice.

mailto:ken.hitchens@faa.gov

Section A - Solicitation/Contract Form

Government Points of Contacts:

Contract Specialist

FAA William J. Hughes Technical Center (WJHTC)

Attn: Kenneth Hitchens, AAQ-650

Atlantic City International Airport, NJ 08405

Email: Ken.Hitchens@faa.gov

Supervisory Contracting Officer (CO):

FAA William J. Hughes Technical Center (WJHTC)

Attn: Eric L. Waterman Atlantic City International Airport, NJ 08405

Email: Eric.L.Waterman@faa.gov mailto:Ken.Hitchens@faa.gov mailto:@faa.gov

Section B - Supplies or Services/Prices

Section B - Schedule

B.1 IDENTIFICATION OF SERVICES

This contract is for Grounds Maintenance and Snow Removal Services at the Federal Aviation Administration's

(FAA) William J. Hughes Technical Center for Advanced Aerospace (WJHTC), and the tenant organizations within the Frank A. LoBiondo National Aerospace and Security Campus co-located at the Atlantic City

International Airport, New Jersey. A single, Fixed Price contract will be awarded for Grounds Maintenance and Snow Removal Services. The contract will be five years from date of award, a 12-month base year with four 12-month option periods.

The procurement is set aside for Small Businesses under the North American Industry Classification Code

(NAICS) 561730 Facilities Support Services, with a size standard of 10 million.

The Contractor must provide all services as specified in Section C, Statement of Work, (SOW), and as ordered by the FAA through the issuance of task orders. The only person authorized to either issue or modify task orders under this IDIQ contract is the Contracting Officer.

B.2 MINIMUM ORDERING OBLIGATION AND MAXIMUM ORDERING OBLIGATION

The minimum ordering obligation under this contract is $114,743.92. This amount is estimated to be obligated on the initial Task Order to be issued concurrently with the contract. The Government has no obligation to order additional supplies or services or issue additional task orders to the contractor beyond the minimum ordering obligation specified.

B.3 SERVICE CONTRACT ACT WAGES

The Department of Labor (DOL) conducts periodic labor wage survey determinations by geographic location under the

Services Contract Act (SCT). SCA establishes standards for prevailing compensation and safety and health for employees

Performing work for contractors and subcontractors on service contracts entered into with the Federal Government. The

Contractor is required to comply with all terms and conditions of the Service Contract Act of 1965, as amended. Each employee employed in the performance of this contract must be paid not less than the minimum monetary Wage and fringe benefits will be furnished in accordance with the wages and fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative. The Contractor will be responsible for staying abreast of changes to wage determinations that may impact Contractor personnel utilized by the Government on this contract.

The Wage determination for this procurement: No:2015-4189 Revision No.34. See Section J, Attachment J-B-002. The latest revision for this wage determination will be incorporated at time of award.

The page has been intentionally left blank.

Section C - Description/Specifications

Scope of Work

The Contractor must provide at their expense all labor, personnel, operators, management, supervision, professional services, tools, supplies, parts, general and specialized equipment, transportation and other items and services necessary to perform specified Grounds maintenance service and Snow removal service at the FAA, William J.

Hughes Technical Center for Advanced Aerospace. See Section J, Attachment C-001, Statement of Work.

Clause List

The remainder of this page has been intentionally left blank.

Section D - Packaging and Marking

NOT APPLICABLE

Section E - Inspection and Acceptance

3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR

1996)

3.10.4-11 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS

(APR 1996)

Section F - Deliveries or Performance

3.10.1-9 STOP-WORK ORDER (APR 2025)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

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 90 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 [CO to insert information] days (if a security clearance must be obtained, at least [CO to insert information] 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 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.

(End of clause)

Section G - Contract Administration Data

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

G.1 DESIGNATION OF CONTRACTING OFFICER AND CONTRACT SPECIALIST

The FAA CO's name and address assigned to this contract are as follows:

Eric L. Waterman-(609) 485-4456

FAA, William J. Hughes Technical Center for Advanced Aerospace (WJHTC) Services Branch - AAQ-650

Bldg. 300, 4th Floor

Atlantic City International Airport, NJ 08405 Email:Eric.L.Waterman@faa.gov

The FAA CS's name and address assigned to this contract are as follows:

Kenneth Hitchens - (609) 485-6125

FAA, William J. Hughes Technical Center for Advanced Aerospace (WJHTC) Services Branch - AAQ-650

Bldg. 300 4th Floor

Atlantic City International Airport, NJ 08405 Email: Ken.Hitchens@faa.gov

The Contract Specialist identified above, has been authorized by the CO to assist in the administration of contractual matters under the Contract. All correspondence regarding contract administration should be addressed to the CS with a courtesy copy sent to the CO.

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 CO.

No verbal statement by any person, or unwritten statement by anyone other than the CO, 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 CO and CS immediately if there is even the appearance of any technical direction that is or maybe outside the scope of the Contract. Costs incurred that were not authorized by the CO and/or work outside the scope of the Contract maybe considered unallowable costs and will not be reimbursed by the Government.

G.2 DESIGNATION OF CONRACTING OFFICER'S REPRESENTATIVE (COR)

Work to be performed under this Contract shall be subject to the technical direction of the FAA COR Listed below: (TBD at time of award):

Attn: (TBD)

Routing Symbol/Mail Stop:(TBD)

Phone: (TBD)

E-mail: (TBD) mailto:Ken.Hitchens@faa.gov

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

The COR identified above has been appointed for the overall IDIQ contract. Task Order CORs may also be delegated by the CO 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 CO responsible for the Task

Order, whichever occurs first. Changes to the COR/Task Order COR (if applicable) may be made by the CO 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/Task Order 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 CO 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/Task Order COR occurs, the Contractor must notify the CO immediately.

G.3 CORRESPONDENCE PROCEDURES

The Contractor must assure an electronic means for communicating with FAA personnel. The Contractor must also ensure that the Contractor’s electronic mail has the capability to receive and retrieve attachments. All correspondence relating to the Contract and applicable Task Orders must include the Contract number and Task

Order number (if applicable).

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

(a) Technical correspondence of a routine nature must be addressed to the designated COR with an information copy of the correspondence to the CO and CS;

(b) Other considerations including technical correspondence involving technical issues and correspondence proposing or otherwise involving waivers, deviations, or modifications to the contract, must be addressed to the CO and CS, with information copies to the COR; and,

(c) Correspondence regarding schedule changes or problems with performance must be addressed to the CO/CS with a courtesy copy to the COR.

G.4 INVOICE PROCEDURES

The contractor must submit invoices in accordance with AMS Clause 3.3.1-40 Electronic Submission of

Payments Requests (INTERIM December 2025)

G.5 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 at the conclusion of TO performance.

G.6 ACCOUNTING AND APPROPRIATION DATA

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

Section H - Special Contract Requirements

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)

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 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)

3.8.2-17 KEY PERSONNEL AND FACILITIES (JUL 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.

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

(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:

Labor Category Individual’s Name

Project Manager TBD

Quality Control Manager TBD

Landscape Architect/Horticulturist TBD

Commercial Herbicide/Pesticide Operator TBD

(End of clause)

3.13-15 CONFIDENTIALITY OF DATA AND INFORMATION (NOV 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 publically available; or (2) use for any purpose other than the performance of this contract any data or information which bears a restrictive marking or legend which the contractor has gained access to through the performance of this contract, or information that should be marked according to FAA Order 1600.75 "Protecting Sensitive Unclassified Information (SUI)". For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form.

(b) In the event the work required to be performed under this contract requires access to proprietary data and information of other companies, the contractor must obtain agreement from such other companies for such use unless such data are provided or made available to the contractor by the Government. Two copies of such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use and disclosure of the proprietary data and information as well as any other terms and conditions to be agreed upon between the parties thereto. It is agreed by the contractor that any such data or information, whether obtained by the contractor pursuant to the aforesaid agreement or from the

Government, must be protected from unauthorized use by or unauthorized disclosure to any individual, corporation, or organization so long as it remains proprietary.

(c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information as required above. The contractor must obtain from each employee in connection with this contract a signed Non-Disclosure Agreement. This agreement must provide that the employee will not, during employment or anytime thereafter, disclose or use for current or future benefit of any party any of the data (to include any form of Sensitive Unclassified Information (SUI) described in FAA Order 1600.75) or information not publically available received in connection with the work under the contract.

(d) The contractor agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third party data or software by the contractor, its employees, subcontractors, or agents.

(e) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The

Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that: (1) the contractor considers this clause to be inappropriate and unnecessary in the case of a particular subcontract; (2) the contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition and the reason why; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the contractor provides the

Contracting Officer timely written advance notice of these and any other extenuating circumstances.

(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.

H.1 ORDERING PROCEDURES

(a) All work to be performed under this Contract must be within the scope of the SOW, Section C, and must not commence until authorized by the CO under a specific Task Order issued. Task Orders will be issued on FAA's

Award for Supplies or Services form and will provide the funding for the contract work effort.

All Task Orders issued will cover specific work assignments within the scope of this Contract. Each Task Order will be numbered. All Task Orders will contain the following information, as applicable:

1. Task Order number;

2. FAA technical point-of-contact;

3. Description of work to be performed;

4. Period of performance and delivery schedule for required services to be performed;

5. Ceiling Price;

6. Labor categories and labor hours required as well as associated obligated funding;

7. Contract CLINs associated with the Task Order;

8. ODCs as applicable;

9. Start and completion dates, with major milestones;

10. Deliverables with required delivery dates;

11. Personnel and Security requirements, if applicable; and

(b) Delivery of supplies, services, written documents, etc. (including required formats and delivery locations) will be in accordance with the Task Order requirements.

(c) The Contractor must incur costs only in 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 CO.

(d) The following procedures may be applicable for the issuance of certain Task Orders that require the CO to request a proposal (RFP) from the Contractor prior to the issuance of a Task Order:

1. CO will provide RFP to the Contractor. The RFP will include as applicable:

a. A detailed Task Order SOW;

b. The desired delivery schedule and/or required date(s), milestones, reporting requirements and list of deliverables as applicable.

c. The date and time by which a response is due.

d. The type of effort that the Task Order will be performed under (FFP; and,

e. Any special instructions, conditions, notices, performance measures, etc. applicable to the Task Order.

2. The Contractor must provide an RFP response to the CO. The Contractor will generally be given a minimum of five (5) business days and maximum of ten (10) business days (unless circumstances of the effort dictate a quicker response time) to prepare and provide a proposal to the CO. If a technical and/or management approach is required for an individual Task Order, additional time may be granted as negotiated and agreed to by the CO.

3. For pricing purpose, the Contractor may not exceed the fully burdened rates incorporated in Attachment J-B-001

A mutual agreement between the Government and Contractor must be reached. Task orders may require the signature of the Contractor and the CO.

H.2 NOTIFICATION OF DEBAREMENT/SUSPENSION STATUS

The Contractor and its subcontractors 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.3 HOLIDAY AND GOVERNMENT AUTHORIZED LEAVE

(1) For informational purposes, the Government observes holidays below:

a. Federal holidays listed on the Office of Personnel Management (OPM) website: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

b. Any other day designated by Federal Statute.

c. Any other day designated by Executive Order.

d. Any other day designated by Presidential proclamation.

e. Any other day designated by the Center Director.

The Government will not pay for any holiday unless actual work on such holiday has been authorized in writing by the COR or the Contracting Officer. When so approved, the work must actually be performed on the holiday no overtime/premium pay is applicable.

(2) When the Federal government grants excused leave to its employees, Contractor personnel may also be dismissed at the discretion of the COR or the Contracting Officer. However, the Contractor will not be reimbursed for hours of excused absence. The Government will reimburse the Contractor only for the actual https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ hours worked at the normal compensation rate by its employees.

(3) It is understood and agreed by the Government and the Contractor that observance of such days by

Government personnel shall not otherwise be a reason for an additional period of performance.

(4) Information about Center delayed openings or closings may be obtained by calling (609) 485-6100.

H.4 HOURS OF WORK

The FAA observes a five (5) day work week normal hours of operation are between 6 a.m. and 6 p.m. The contractor will observe and schedule work hours for personnel as required to support the required tasks in accordance with the SOW, Section C 8.2. Occasionally, weekend work and work outside of normal hours will be required. The contractor shall adjust work schedules so as to avoid anybody over 40 hours in a week unless overtime was previously approved by the COR and/or CO.

H.5 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when difficulty is anticipated in complying with the contract delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, the Contractor must immediately notify the

Contracting Officer and the COR, in writing, giving pertinent details, provided that this data must be informational only in character and that this provision must not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this Contract.

H.6 RELEASE OF INFORMATION

The FAA's Office of Communications must review and approve all marketing materials, including press releases and articles about the work being performed under the contract on behalf of the agency, prior to release. Media inquiries about work being performed under the contract on behalf of the agency must be referred to the FAA Contracting

Officer and FAA's Office of Communications at pressoffice@faa.gov.

mailto:pressoffice@faa.gov

Section I - Contract Clauses

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)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (OCT 2015)

3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (INTERIM JAN 2026)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.5-1 OFFICIALS NOT TO BENEFIT (OCT 2024)

3.2.5-3 GRATUITIES OR GIFTS (OCT 2024)

3.2.5-4 CONTINGENT FEES (OCT 2024)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 2024)

3.2.5-5 ANTI-KICKBACK PROCEDURES (INTERIM JAN 2026)

3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (October 2024)

3.2.5-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (INTERIM JAN 2026)

3.2.5-14 DISPLAY OF HOTLINE POSTER (s) (INTERIM January 2026)

3.3.1-1 PAYMENTS (JUL 2018)

3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (July 2018)

3.3.1-8 EXTRAS (OCT 2024)

3.3.1-10 AVAILABILITY OF FUNDS (October 2024)

3.3.1-17 PROMPT PAYMENT (October 2024)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(OCT 2012)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD

MANAGEMENT (OCT 2024)

3.3.2-1 FAA COST PRINCIPLES (OCT 2019)

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

3.4.1-12 INSURANCE (OCT 2019)

3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (October 2019)

3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED, WOMEN-OWNED, SERVICE-

DISABLED VETERAN OWNED, AND HUBZONE SMALL BUSINESS CONCERNS (APR 2025)

3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME

COMPENSATION (INTERIM JAN 2026)

3.6.2-2 CONVICT LABOR (APR 2025)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (INTERIM JAN 2026)

3.6.2-13 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (INTERIM JAN 2026)

3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APRIL 2025)

3.6.2-28 SERVICE CONTRACT LABOR STANDARDS (APR 2025)

3.6.2-30 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS -

PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (APR 2025)

3.6.2-39 TRAFFICKING IN PERSONS (INTERIM JAN 2026)

3.6.2-46 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (April 2025)

3.6.3-7 WASTE MANAGEMENT AND POLLUTION PREVENTION (APR 2025)

3.6.3-8 ALTERNATIVES TO PRODUCTS CONTAINING OZONE DEPLETING SUBSTANCES

AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (APR 2025)

3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (OCT 2024)

3.6.3-16 RESERVED (APR 2023)

3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)

3.6.6-1 DRUG FREE WORKPLACE (APR 2023)

3.6.6-2 SEAT BELT USE BY CONTRACTOR EMPLOYEES (APR 2023)

3.6.6-3 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (INTERIM JAN 2026)

3.8.2-10 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (JULY 2019)

3.8.2-11 CONTINUITY OF SERVICES (OCTOBER 2018)

3.8.9-2 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (JUL 2023)

3.8.9-8 PROHIBITION ON PROCUREMENT OR OPERATION OF COVERED UNMANNED

AIRCRAFT SYSTEMS (INTERIM December 2025)

3.9.1-1 CONTRACT DISPUTES (JAN 2020)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-12 Alternate I CHANGES - FIXED-PRICE (APR 1996)

3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)

3.10.1-28 CHANGES REQUIRED BY AMS (JAN 2024)

3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2022)

3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT

1996)

3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (JAN 2020)

3.11-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE

(APR 1999)

3.11-62 PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS (APR

2025)

3.13-10 CONTRACTOR ATTENDANCE AT FAA SPONSORED TRAINING (JAN 2003)4

3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (INTERIM JAN 2026)

3.2.4-16 ORDERING (OCT 2024)

(a) Any supplies and services to be furnished under this contract must be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract. Such orders may be issued from [CO must insert dates] through [CO must insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of a conflict between a delivery order or task order and this contract, the contract must control.

(c) If mailed, a delivery order or task order is considered "issued" when the FAA deposits the order in the mail.

Orders issued by facsimile, email or other electronic commerce methods are considered "issued" when the FAA sends the order. Orders may be issued orally only if authorized in the contract.

(End of clause)

3.2.4-17 Order Limitations (October 2019)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $114,743.92, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of (insert dollar figure or quantity);

(2) Any order for a combination of items in excess of (insert dollar figure or quantity); or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract, the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor must honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the

Government may acquire the supplies or services from another source.

3.2.4-20 INDEFINITE QUANTITY (OCT 2019)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance must be made only as authorized by orders issued in accordance with the "Ordering" clause. The Contractor must furnish to the Government, when and if ordered, the supplies or services specified in the

Schedule up to and including the quantity designated in the Schedule as the maximum. The Government will order at least the quantity of supplies or services designated in the Schedule as the minimum.

(c) Except for any limitations on quantities in the "Order Limitations" clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period must be completed by the Contractor within the time specified in the order. The contract must govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor must not be required to make any deliveries under this contract after [insert date].

(End of clause)

3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2019)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder must not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within the period specified in the Schedule.

3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (JUL 2021)

(a) The Government may extend the term of this contract by written notice (contract modification) to the Contractor prior to the expiration of the current period of performance provided, that the Government will give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract must be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, must not exceed 6 months.

(End of clause)

3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (INTERIM JAN 2026)

(a) Definitions.

(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.

(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and

104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.

(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:

(i) The awarding of any Federal contract.

(ii) The making of any Federal grant.

(iii) The making of any Federal loan.

(iv) The entering into of any cooperative agreement.

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan

Natives.

(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

(7) "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:

(i) An individual who is appointed to a position in the Government under title 5, United States

Code, including a position under a temporary appointment.

(ii) A member of the uniformed services, as defined in subsection 101(3), title 37, United States

Code.

(iii) A special Government employee, as defined in section 202, title 18, United States Code.

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal

Advisory Committee Act, title 5, United States Code, appendix 2.

(8) "Person," as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(9) "Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the

Federal Government.

(10) "Reasonable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

(11) "Recipient," as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(12) "'Regularly employed," as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person must be considered to be regularly employed as soon as the officer or employee is employed by such person for 130 working days.

(13) "State," as used in this clause, means a State of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered

Federal action) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the screening information request (SIR), the offeror must complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) The offeror will include the language of this clause in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 must disclose accordingly.

(4) This certification and disclosure is a prerequisite for making or entering into this contract imposed by the Act. Any person who makes a prohibited expenditure or fails to file or amend a disclosure form, must be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure.

(c) The prohibitions of the Act do not apply under the following conditions:

(1) Agency and legislative liaison by its own employees.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.

(ii) For purposes of subdivision (c)(1)(i) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(iii) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:

(A) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(iv) The following agency and legislative liaison activities are permitted where they are prior to the Screening Information Request (SIR) of any covered Federal action:

(A) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(B) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(C) Capability presentations by persons seeking awards from an agency pursuant to the provisions of a law authorizing such actions;

(2) Professional and technical services.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of:

(A) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(B) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(ii) For purposes of subdivision (c)(2)(i) of this clause, 'professional and…