SIR 693KA9-21-R-00001 Audit Services.pdf

SOLICITATION, OFFER AND AWARD

3. SOLICITATION TYPE1. CONTRACT NO. 2. SOLICITATION NUMBER

6. ISSUED BY CODE 7. ADDRESS OFFER TO (If other than Item 6)

5. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

PAGE OF PAGES

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

9. FOR

INFORMATION

CALL

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

(Date)(Hour) local timeuntildepository located in 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

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

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J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

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A

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

10. TABLE OF CONTENTS

17. OFFER DATE16. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

14C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

14B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER14A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

13. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT PAYMENT the designated point(s), within the time specified in the schedule.

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

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

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

OFFER (Must be fully completed by offeror)

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

27. AWARD DATE

(Signature of Contracting Officer)

26. CONTRACT AUTHORITY

24. PAYMENT WILL BE MADE BY

25. NAME OF CONTRACTING OFFICER (Type or print)

CODE 23. ADMINISTERED BY (If other than Item 6)

ITEM

(4 copies unless otherwise specified)

22. SUBMIT INVOICES TO ADDRESS SHOWN IN21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

20. ACCOUNTING AND APPROPRIATION19. AMOUNT18. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by CONTRACT AUTHORITY)

CODE

11/02/2020 X

AAQ410-AFN

AAQ-410 ACQ STRATEGY & PERFORM NISC

Orville Wright Bldg. (FOB10A), Room 406 FAA National Headquarters 800 Independence Ave., SW Washington DC 20591

1400 ES 01/08/2021

Kelly Chappelle 202 kelly.chappelle@faa.go v 267-4631

PAGE(S)

Kelly Chappelle

693KA9-21-R-00001

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Contract Audit Services SIR No. 693KA9-21-R-00001

PART I – SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

The Contractor must furnish all professional, technical, administrative and management support services, as described in Section C (Statement of Work), as ordered by the Government. All work will be ordered on a Time and Materials (T&M) basis pursuant to Task Orders issued hereunder. Individual Task Orders (TOs) will be issued to support funded tasks under the contract.

B.2 TYPE AND TERM OF THE CONTRACT

The FAA contemplates the award of an Indefinite Delivery/Indefinite Quantity (IDIQ) task order contract for contractor support for audit support services to assist in Government contract audits and attestation engagements, and provide an opinion and agreed upon procedures performed in accordance with Generally Accepted Government Auditing Standards (GAGAS). This award will be an IDIQ driven by the award of individual time and materials type task orders. The Offeror will have up to 72 hours, but no less than 48 hours, in which to have the required Task Order proposal submitted to the Contracting Officer or his/her designee. Offerors will be required to submit total cost for each Task Order to include:

1) Labor Categories

2) Number of estimated hours

3) Rates from the master IDIQ contract

4) Any Travel or ODC’s

5) Any General and Administrative Cost

The NAICS code for this procurement is 541211. Contract type for this acquisition is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract with Time and Materials task orders.

The period of performance for the contract is one base year with 4 one-year option periods, if exercised. The Task Orders will describe the actual performance periods for individual orders.

B.3 ESTIMATED MINIMUM/MAXIMUM LEVEL OF EFFORT: The estimated minimum level of effort is $10,000.00 for the contract. The estimated maximum level of effort, in dollars for the entire term of the contract is TBD. The government is not bound to order services beyond its minimum level of effort. The estimates below were used for evaluation purposes only and do not obligate the Government to order beyond the guaranteed minimum amount.

B.3.1 CEILING FOR SERVICES TO BE FURNISHED AND PRICES

Labor Category Hours Rate Price Project Manager 350.00 $ $ Supervisory Auditor 900.00 $ $ Senior Auditor 1,400.00 $ $ Staff Auditor 1,980.00 $ $ Subtotal 4,630.00 $ Travel $ 8,200.00 Base Year Total $

Supervisory Auditor 900.00 $ $ Senior Auditor 1,400.00 $ $ Staff Auditor 1,980.00 $ $ Subtotal 4,630.00 $ Travel $ 8,323.00 Option Year 1 Total $

Supervisory Auditor 900.00 $ $ Senior Auditor 1,400.00 $ $ Staff Auditor 1,980.00 $ $ Subtotal 4,630.00 $ Travel $ 8,447.85 Option Year 2 Total $

Supervisory Auditor 900.00 $ $ Senior Auditor 1,400.00 $ $ Staff Auditor 1,980.00 $ $ Subtotal 4,630.00 $ Travel $ 8,574.56 Option Year 3 Total $

Supervisory Auditor 900.00 $ $ Senior Auditor 1,400.00 $ $ Staff Auditor 1,980.00 $ $ Subtotal 4,630.00 $ Travel $ 8,703.18 Option Year 4 Total $ Total Proposed Price

B.4 PRODUCTIVE LABOR HOURS

For purposes of this contract and specific services as set forth in each task order, the Government will pay only for productive direct labor hours, which are those hours expended by Contractor personnel in performing work under the scope of this contract. The number of hours will be specified in the task order(s). This does not include sick leave, vacation, holidays, jury duty, military leave, or any other kind of administrative leave. “Productive direct labor hours” include hours expended by the Contractor on matters related to contract management and administration only to the extent that such hours are specifically excluded from indirect rates in accordance with the Contractor’s usual accounting practices.

B.5 FIXED, BURDENED HOURLY RATES

The rates provided are fixed, fully burdened hourly rates which include: direct labor, applicable indirect expenses, and profit, but must exclude other direct costs and their associated general and administrative expenses.

The Government may unilaterally reallocate direct labor hours between labor categories.

B.6 TRAVEL EXPENSES

The Travel expense figures in Section B.3 are budgeted amounts that must not be exceeded by the contractor but must be included in the overall contract amount. Travel may have general and administrative expenses applied, but no fee or profit. Other than authorized travel costs, the government will not recognize any additional costs which are not made a part of the fully burdened labor rates. (Travel costs must be specifically identified in a task order in order to qualify as allowable and allocable.) The Government will reimburse the contractor for associated travel cost in accordance with SECTION G.9.

B.7 CEILING PRICES

T&M orders must be subject to agreed upon ceiling prices. The ceiling price must include estimated labor hours by applicable labor category, the fixed labor rate for each such labor category. Contractor must not exceed ceiling prices without the prior written consent of the Government.

End Section B

PART I - SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

This Statement of Work (SOW) is to acquire Contract Audit Services in support of FAA procurement offices to perform a broad range of Contract Audit Services on FAA contractors (i.e. third party entities) that are not audited by the Defense Contract Audit Agency (DCAA).

The intent of these services is to provide FAA with information that will assist in the negotiation, award, administration, re-pricing and closeout of FAA contracts and modifications.

C.2 SCOPE

The services will be performed by contract auditors for FAA contracts where there is no recurring Defense Contract Audit Agency (DCAA) presence. Services that may be ordered include: 1) Government contract audits, and attestation engagements performed on third party entities in accordance with Policy and guidance in the FAA Acquisition Management System (AMS), the Generally Accepted Government Auditing Standards (GAGAS), and the DCAA Contract Audit Manual; and 2) Other professional services, such as financial advisory services or other non‐audit services relating to the third party entities which are not performed in accordance with GAGAS. When services are ordered, FAA will specify whether the contracted services are audit, attestation, or non‐audit services, or are to be performed in compliance with GAGAS.

FAA intends to issue time and materials task orders for this effort.

C.3 REQUIREMENTS

C.3.1 Work Description

The Contractor must provide Contract Audit services in accordance with the Statement of Work and any additional instructions provided at the time the Task Order is issued. The Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities not otherwise provided by the Government as needed to perform all audit services as delineated in each task order and in accordance with the documents cited in section C.3.9, Reference Documents, of this SOW. Contract audit services include, but are not limited to: attestation agreements, examination of price proposals, incurred costs, interim and final contract billings, contract audit closing statements, financial capability, accounting systems, estimating systems, and other internal controls within the contractors’ operational environment. Non‐audit services include, but are not limited to: comparison of accounting practices used for proposals against incurred costs (per Cost Accounting Standard (CAS) 401), verification of labor rate calculations, and verification of proposed or claimed amounts to supporting data which could be performed as agreed-upon procedures engagements. Assisting in investigations or at court proceedings may also be required.

C.3.2 Work Authorization

The work will be ordered on a per task basis as a non‐severable service under the contract. All tasks must be authorized by the contracting officer. The task orders will describe the specific work requirements and objectives; the deliverables that will be required; the period of performance of the work; performance measures and expectations; and any other special requirements (including travel) necessary to perform the work. Prior to work authorization under a task order, the contractor will provide an estimate-to-complete (ETC) for the specific proposed work statement provided by the FAA. The ETC will be reviewed and approved by the CO and be included as estimated ceiling amount for the task order.

C.3.3 Program Management

The Contractor must support the FAA in program management activities at both the program and task level. The program management activities are those activities the contractor (Project Manager) undertakes to successfully monitor, control and direct the activities associated with performance to ensure cost, schedule, scope and quality risks are addressed in a professional manner. Program management activities include, but are not limited to: managing the customer relationship, establishing quality control checks for work products, managing and integrating any teaming/subcontracting efforts with the prime contractor’s effort, and maintaining qualified personnel and efficient levels of staffing throughout the contract performance period, including during periods of work load fluctuation. The nature of the work necessarily involves periods of varying levels of effort.

C.3.4 Reports

C.3.4.1 Audit Reports

Unless otherwise stated in a task order, the contractor must produce reports compliant with GAGAS performance audits or attestation engagements and in a similar format to DCAA reports, with findings and recommendations documented as appropriate for the type of audit or service. Requirements for the engagement process, format, and content of reports are found in the DCAA Audit Manual (DCAAM). The reports are to be addressed to the FAA personnel shown in Section F. After consideration of the Auditee’s written response to the draft report the contractor must produce a report expressing or disclaiming an opinion (when GAGAS applies) or the results of the agreed-upon procedures (for non‐audit services). All drafts and reports must be written in the most recent version of Microsoft Word and submitted electronically in compliance with the agreed to task order schedule for each audit. Drafts and final reports are considered deliverables under this contract. The final approved reports remain addressed to the Manager, Cost and Price Analysis Services AAP-500 with copies to the Contracting Officer (CO) and the Contracting Officer’s Representative (COR). Depending on the requirements of the task assigned, the report may provide either the results of agreed upon procedures, or express an opinion (or disclaimer) on the subject matter of the work performed. The reports will contain schedules and notes as appropriate to fully communicate the results of the work performed.

Reports are expected to be professionally written and edited, mathematically correct and inclusive of supporting rationale. The Contractor agrees that unacceptable work, as determined by the COR, will be corrected at no additional cost to the Government. Final signature authority for the issued report(s) must be made by a Certified Public Accountant (CPA) with an active license employed by a peer reviewed CPA firm.

C.3.4.2 Monthly Status Letter

The Contractor must submit monthly status letters via email to the CO and COR no later than the 15th day (or the next business day) of each month, reporting on activities of the prior month.

These must contain technical progress, schedule status, and any audit concerns for each assigned task order, including the audited vendor name, order number (if applicable), order date, service type (such as incurred cost audit or accounting system review), period of performance start (date task started), and period of performance end (date task ended or is scheduled to end). Schedule status must identify progress against the scheduled completion dates, rationale for any anticipated delays and requested schedule extensions. The monthly status report should identify the reporting period (month and year) and contract number. The monthly status letters will also include tracking of task order funding status to ensure that the ceiling price of each task order as well as the ceiling price of the contract is not exceeded. The first report must be provided in the second month no later than the 15th day (or the next business day) after award.

C.3.5 Working Papers

The contractor must develop and maintain complete and accurate working papers on which each audit report or other assignments are based. The working papers must be available for review with the first draft of each audit report submitted, unless otherwise instructed by the COR. Work papers must be available for review by authorized FAA personnel at all times. All work papers and reports will become the property of the FAA; however, as required under professional standards the independent auditor may retain a complete copy of all work papers to support reports produced under this contract.

C.3.6 Post Award Conference

The contractor must attend a Post Award Conference conducted by the FAA no later than 30 business days after the date of award. The purpose of this conference is to discuss technical and contracting objectives of the contract. The Post Award Conference will be held at the Government’s facility, located in Washington, DC. The meeting will include a review of the contract and will address any contractor/government concerns.

C.3.7 Communication

All technical communication regarding the audit work or other assignments should be through the Program Office and COR with a copy to the Contracting Officer. The Contractor should not communicate directly with the CO of the contract being audited without COR involvement. All contractual questions regarding the performance of this contract should be with the CO of this contract.

C.3.8 REPORTS OF PROBLEMS

In addition to the Monthly Status Reports specified in the Statement of Work, the Contractor shall bring actual or potential problems to the attention of the Contracting Officer and/or COR as soon as they are known. Oral reports shall be followed by written narrative reports to the Contracting Officer within five (5) working days.

C.3.9 Conflict of Interest

The FAA and the contractor will assess potential conflicts of interest between the contractor and the companies to be audited prior to issuance of task orders as they may change over time. All orders will be subject to Organizational Conflict of Interest (OCI) review and the contractor will need to provide disclosure of potential OCI’s or certify that they have no conflicts. In the event a potential OCI exists, the contractor must submit an OCI Mitigation Plan to the Contracting Officer for approval prior to the issuance of the task order. See Attachment J-4 for the current list of potential auditees.

C.3.10 Reference Documents

DCAA Contract Audit Manual (CAM)‐DCAAM 7640.1 available at www.dcaa.mil Under Guidance, select CAM

DCAA standard audit programs available at www.dcaa.mil Under Guidance, select Directory of Audit Programs

Government Auditing Standards (The Yellow Book), issued by the Comptroller General www.gao.gov/yellowbook Under Guidance, select GAGAS/Yellow Book

FAA Acquisition Management System (AMS), Clauses and Guidance, at a minimum are:

• AMS T3.2.3 Cost and Pricing Methods (including Cost Accounting Standards) website:

Fast.FAA.Gov Under Functions, select Procurement Toolbox. Under Policy and Guidance, select Procurement Guidance. Select T3.2.3, Cost and Price Methodology

• AMS T3.3.2 Contract Cost Principles website: Fast.FAA.Gov Under Functions, select Procurement Toolbox. Under Policy and Guidance, select Procurement Guidance. Select T3.3.2, Contract Cost Principles

• AMS T3.10.1 Contract Administration website: Fast.FAA.Gov Under Functions, select Procurement Toolbox. Under Policy and Guidance, select Procurement Guidance. Select T3.10.1, Contract Administration

End Section C http://www.dcaa.mil/ http://www.dcaa.mil/ http://www.gao.gov/yellowbook

PART I - SECTION D

PACKAGING AND MARKING

D.1 PRESERVATION, PACKAGING AND PACKING

Unless otherwise specified herein those items required to be delivered under this contract must be packed for shipment in accordance with the current best commercial practice and in such a manner as to ensure receipt at its destination without damage to shipment.

D.2 MARKING

Shipping Labels – All equipment and associated materials must be preserved, packed and marked in accordance with ASTM-D3951, Standard Practices for Commercial Packaging. All shipped packages must be marked on the outside with the address to which it is being shipped;

a. In addition to information provided with shipping instructions, all deliverables must be marked with the following:

(1) FAA contract number under which the item is being delivered.

(2) Delivery or task order number, as applicable.

(3) Contractor's name and address.

(4) List of contents.

(5) Name and routing symbol of person to whom deliverable is being sent.

D.3 TRANSMISSION OF DELIVERABLES/ELECTRONIC DELIVERY

All deliverable items required by this contract must be shipped Free On Board (FOB) destination, within the consignee’s premises, with all mailing and transport expenses prepaid by the Contractor.

Alternatively, electronic mail transmittal is acceptable. However, the contractor must not send by unencrypted electronic mail any information that:

(a) is classified (at the “For Government Use Only” level or higher), or

(b) the COR or CO has informed the contractor is inappropriate for transfer by unencrypted email.

End Section D

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

PART I - SECTION E

INSPECTION AND ACCEPTANCE

E.1 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (July 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

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

E.2 CONTRACTOR QUALITY ASSURANCE

For the purpose of quality assurance and to monitor compliance by contractor with all applicable requirements hereunder and under all delivery or task orders, the COR or program office technical lead shall perform monitoring and inspection as necessary of all contract services, technical requirements, and deliverables.

E.3 INSPECTION AND ACCEPTANCE

(a) The Contracting Officer (CO) or the Contracting Officer’s Representative (COR), listed in Section G.2, is authorized to perform inspection on behalf of the Government for the purpose of acceptance of all products and services to be provided.

(b) Inspection, review or the anticipation of acceptance/approval of a contract item in the course of its preparation must not be construed as assurance of acceptance of the finished product.

End Section E https://fast.faa.gov/contractclauses.cfm

PART I - SECTION F

DELIVERIES OR PERFORMANCE

F.1. 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (July 2019) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.10.1-9 Stop-Work Order (Oct 1996)

3.10.1-24 Notice of Delay (March 2009)

F.2. PERIOD OF PERFORMANCE

The period of performance for this contract provides for a Base Period of one year with four Option Years.

2021-2022 Base Year 2022-2023 Option Year One 2023-2024 Option Year Two 2024-2025 Option Year Three 2025-2026 Option Year Four

In accordance with 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.

The option provision may be exercised more than once, but the total extension of performance hereunder must not exceed 6 months.

F.3 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 14 days (if a security clearance must be obtained, at least 45 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)

F.4. PLACE OF PERFORMANCE

Services required under this contract shall be performed at the Contractor's facility, Government sites, or other vendor locations as specified in individual task orders.

F.5 DELIVERABLES

Any data deliverable(s) will be identified in each task order. The task order will also contain descriptions of the deliverable(s) and date(s) of delivery.

F.6 PLACE OF DELIVERY

All delivery items must be delivered as specified in Section F.5 or in each Task Order. The address for the Contracting Officer’s Representative (COR) is:

Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

FOB10(B), AAP-500

ATTN: Lynne Newitt, COR

TELEPHONE: (202) 267-0304

E-MAIL: Lynne.Newitt@faa.gov

A copy of the transmittal letter must be delivered to the Contracting Officer at the following address:

Federal Aviation Administration 800 Independence Avenue, SW

Washington, DC 20591

FOB10(A), AAQ-410

ATTN: Kelly Chappelle, CO

TELEPHONE: (202) 267-4631

E-MAIL: Kelly.Chappelle@faa.gov

F.7 WORK AT RISK IS PROHIBITED

a. For purposes of this clause, “work at risk” is defined as work performed and/or costs incurred by the contractor, or any of the contractor’s personnel or subcontractors, that has not been authorized in accordance with a properly issued Order.

b. The contractor must not work any personnel or subcontractor at risk. In addition, Contractor must immediately notify the Contracting Officer of any situation that constitutes, appears to constitute, or potentially constitutes working at risk.

End Section F

PART I - SECTION G

CONTRACT ADMINISTRATION DATA

G.1. GOVERNMENT CONTACTS FOR POST-AWARD ADMINISTRATION

The Contractor must use one of the following Government contacts, as applicable, as the focal point for all matters regarding this contract.

(a) FAA Contracting Officer:

Kelly Chappelle Contracting Officer, AAQ-410 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

FOB10(A), AAQ-410

TELEPHONE: (202) 267-4631

E-MAIL: Kelly.Chappelle@faa.gov

(b) FAA Contracting Officer's Representative (COR):

Lynne Newitt

Contracting Officer's Representative, AAP-500 Federal Aviation Administration 800 Independence Avenue, S.W.

Washington, D.C. 20591

FOB10(B), AAP-500

TELEPHONE: (202) 267-0304

E-MAIL: Lynne.Newitt@faa.gov

G.2 FAA CONTRACTING OFFICER’S (CO) AUTHORITY

The FAA 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, this authority remains solely with the Contracting Officer.

It is the responsibility of the Contractor to contact the CO immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. Work not ordered by the Contracting Officer and/or work outside the scope of the contract will not be reimbursed by the Government. The Contractor must immediately notify the Contracting Officer for clarification when a question arises regarding the authority of any person to act for the Contracting Officer under the contract.

mailto:Kelly.Chappelle@faa.gov mailto:Lynne.Newitt@faa.gov

G.3 3.10.1-22 COTRACTING OFFICER’S REPRESENTATIVE (April 2012)

(a) The Contracting Officer may designate other Government personnel (known as the Contracting Officer's Representative) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

(b) The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

G.4 HOURS OF WORK

For informational purposes, the FAA observes a five (5) day work week. The normal FAA hours of operation are 7:30 A.M. to 5:00 P.M. The Contractor must schedule work hours of its personnel as it deems necessary and appropriate to accomplish its work under this contract.

G.6 CORRESPONDENCE PROCEDURES

To promote timely and effective contract administration, the Contractor must ensure that correspondence, excluding invoices and contract deliverables, submitted under this contract are addressed as follows:

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

(b) Other correspondence, including technical correspondence where patent or technical data issues are involved, and correspondence which proposes or otherwise involves waivers, deviations, or modifications to the contract requirements, terms or conditions must be addressed to the Contracting Officer, with an information copy to the COR.

G.7 SUBMISSION OF INVOICES

(a) The Contractor must prepare and submit invoices and any necessary supporting documentation prepared in accordance with requirements set forth in AMS Clause 3.3.1- 17, Prompt Payment, on a monthly basis via electronic email to the following:

Accounts Payable Support - 9-AMC-AMZ-FAA-APInvoices@faa.gov Lynne Newitt – Contracting Officer’s Representative Lynne.Newitt@faa.gov Kelly Chappelle – Contracting Officer Kelly.Chappelle@faa.gov mailto:vera.irvin@faa.gov

(b) Following verification/certification, the Contracting Officer will forward the invoice to the designated billing office for payment in the amount determined to owe, in accordance with the applicable payment (and fee) clause(s) of this contract.

The Contracting Officer will authorize payments in amounts determined to be allowable in accordance with the FAA AMS Clause, 3.3.2-1, Contract Cost Principles.

(c) There must be a lapse of no more than sixty (60) calendar days between performance and submission of an invoice.

(e) The Contractor must ensure that the invoice contains the following information, as applicable:

(1) Contract Number;

(2) Contractor Name and Address;

(3) Invoice Number/Task Order Number;

(4) Invoice Date;

(5) The Contract Line Item Number, Description, Quantity, Unit of measure, and Unit Price in accordance with Section B. of the contract;

(6) Shipping and Payment Terms (e.g., shipment number, date of shipment, and prompt payment discounts);

(7) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment);

(8) FAA Form 256 or other evidence of acceptance of the items by the

Government;

(9) Delivery date of the item billed;

(10) The following statement signed by an authorized company representative:

“This is to certify that the services set forth herein were performed during the period stated in support of the CLIN number identified.”

(SIGNATURE OF COMPANY REPRESENTATIVE)

(DATE OF INVOICE)

(f) The Contractor’s final invoice must be identified as such, and must list all other invoices previously tendered under this contract.

Costs not invoiced within twelve months of it being incurred by the Contractor are unallowable under this contract.

G.8 ACCOUNTING AND APPROPRIATION DATA

All accounting and appropriation data will be identified on each task order issued against this contract. Each invoice submitted against this contract shall cite the Task order and the appropriate accounting and appropriation data in order to be paid.

G.9 TRAVEL COSTS

Travel may be required for the purpose of the contactor’s efforts under the contract. Travel dates, times, and locations are to be coordinated with the designated FAA COR in advance of incurring any costs.

The Contractor must ensure that:

(1) All travel, whether it is within the continental United States or outside the continental United States, must be accomplished by commercial carrier, privately-owned automobile or auto rental and the cost paid by the Contractor. The Government will reimburse the Contractor for travel on a cost plus general and administrative expense (no fee) basis, in accordance with the General Services Administration's (GSA) "Federal Travel Regulations (FTR)" for domestic transportation if by commercial or Government carrier, and at the going rate per mile, plus road and bridge tolls, when travel is performed by private automobile. Auto rental will be reimbursed at actual cost plus road and bridge tolls.

(2) The travel reimbursable herein includes only that travel (commercial carrier, or private automobile or auto rental) performed in accordance with the Statement of Work. Travel performed for personal convenience, including daily travel to and from work for both limited (i.e., exceeding three days duration in a given month) as well as longer term duration, will not be reimbursed.

(3) Relocation costs and travel costs incident to relocation are not allowable and will not be reimbursed.

(b) Per Diem:

(1) The Contractor will be reimbursed for the expense of meals at the approved M&IE rate (receipts not required), lodging for actual expenses only but not to exceed the Maximum Lodging Amount rate (receipts required), transportation between places of lodging or business and places where meals are taken and any other miscellaneous travel and living expense incurred in the performance of this contract at the per diem rate as set forth in accordance with the FTR.

(2) Per Diem will be payable only when in an authorized travel status. The per diem rate will be established in accordance with the FTR. The Government will not reimburse the Contractor for the costs of lodging, meals, or incidental expenses in excess of the actual costs incurred.

End Section G

PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (July 2018)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

(1) Contracts written on paper and contracts in electronic form;

(2) Pen-and-ink signatures and electronic signatures; and

(3) Other legally-required written records and the same information in electronic form.

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.

(c) Certain documents may need to be provided or maintained in original form, such as large scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA-1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section 5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications: Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

(End of Clause)

H.2 FEDERAL HOLIDAYS OBSERVED

Working hours scheduled shall observe Federal Holidays as follows:

New Year's Day Labor Day Martin Luther King's Day Columbus Day Washington's Birthday Veterans Day Memorial Day Thanksgiving Day Independence Day (July 4th) Christmas Day

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

H.3 NON-PERSONAL SERVICES

The Contractor agrees that this is a non-personal service contract. For the purposes of the contract the Contractor is not, nor must it hold itself out to be, an agent or partner of, or joint venture with, the Government: and that the Contractor must neither supervise, nor accept supervision from, Government employees.

No personal services shall be performed under this contract. No contract employee will be directly supervised by any employees of the Government. All individual contractor employee assignments and daily work direction shall be given by the applicable contractor supervisor. If the contractor believes that any Government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the contractor must promptly notify the Contracting Officer of this communication or action.

The contractor must not perform any inherently governmental actions under this Contract. No contractor employee must hold him or herself out to be a Government employee, agent, or representative. No contractor employee must state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with the contract, contractor employees must identify themselves as contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the contractor employee must state that they have no authority to in any way change the contract and that if the other contractor believes this communication to change the direction of their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

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

H.4 TASK ORDER PROCEDURES

All work performed under this order will be ordered via Task Orders approved by the Contracting Officer. The Task Order will be signed by the Contractor, the COR, and the Contracting Officer. The Task Order will provide a more specific description of the effort required and shall also set forth the delivery schedule for the specific requirement.

The Task Order will be forwarded by the Contracting Officer to the Contractor. The Contractor will provide a proposal to the Contracting Officer in response to the Task Order.

Once the proposed estimate is reviewed by the Contracting Officer, the Task Order will be forwarded to the COR for review and signature. Once the Task Order is reviewed and signed by the COR, the COR will forward the Task Order to the Contracting Officer for final approval.

Upon final Contracting Officer approval, the Task Order will be forwarded to the Contractor.

Task Orders – Task Orders define and authorize the work to be accomplished by the Contractor.

They do not change the terms and conditions of the Contract and shall not be used as a pricing action, change order or a new procurement action.

Issuance Of Task Orders - The Contracting Officer is the only individual authorized to issue Task Orders or revisions to Task Orders. The Task Orders or revisions to Task Orders will specify work to be performed within the general scope of work described in Section C. The Contractor must not exceed the labor hours negotiated for each Task Order or revision to the Task Order. The direct labor hour rates must be in accordance with Section B. It is agreed and understood that a fully executed Task Order or revision to a Task Order signed by the Contracting Officer shall constitute authorization for the Contractor to proceed with the work specified therein. No other costs are authorized without the written consent of the Contracting Officer.

Task Order Limitations - The Contractor must not proceed with any work until he/she is in receipt of a Task Order or revision to a Task Order which is signed bilaterally by the Contractor and the Contracting Officer.

Task Order Contents - Each fully executed Task Order shall contain the following:

• Contract and Task Order numbers;

• A detailed description of the work to be accomplished including, when appropriate, reference to applicable plans and specifications and specifics as to items to be delivered;

• Delivery Schedule;

• The labor categories and hours of each proposed;

• Travel required;

• The applicable appropriation and accounting data, and

• The signatures of the Contractor, the FAA Technical Officer (COR), and the Contracting

Officer.

H.5 LINES OF COMMUNICATION

The contractor shall communicate through the Government’s Contracting Officer and/or the COR regarding all Task Orders and/or work under this contract unless otherwise specifically approved in writing by the Contracting Officer.

H.6 3.13-15 CONFIDENTIALITY OF DATA AND INFORMATION (November 2016)

(a) In performance of this contract, the contractor and any of its subcontractors, may need access to and use various data and information in the possession of the Government. This data and information may have been obtained under conditions which restrict the Government's right to use and disclose this data and information or which may be adverse to the interests of the Government or other parties if it is disseminated or used in a capacity other than in performance of this contract. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless it is already 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 any time 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, provided that the Contractor’s duty to indemnify is contingent upon appropriation of funds by the Maryland General Assembly, for the purpose contemplated in this Paragraph.

(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.