SIR_6973GH-25-R-00201_FPO-King Air BE360ER FFS.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

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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.

I

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

F

E

D

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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

08/01/2025

AAQ740-AFN

AAQ-740 TRAINING & AVIATION ACQ

FAA AERONAUTICAL CENTER

PO BOX 25082

BLDG 014-AHQ, ROOM 233A

OKLAHOMA CITY OK 73125

1630 CD 08/18/2025

Helaina K. Germosen 405 Helaina.K.Germosen@faa

.gov 954-7882

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PAGE(S)

Helaina K. Germosen

6973GH-25-R-00201

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-25-R-00201

00001

00002

00003

00004

00005

00006

00007

Period of Performance: 10/01/2025 to 09/30/2032

CLIN 0001 Base Period - PROJECT MANAGEMENT and

PLANNING, & DEVELOPMENT

Electronic & IT: 03

Period of Performance: 10/01/2025 to 09/30/2030

CLIN 0002 Base Period - SIMULATOR PRODUCTION

OBJECTIVES

CLIN 0003 Base Period - SPARE PARTS SUPPORT AND

PROVISIONING

IAW PWS Para 8.0

Electronic & IT: 03

CLIN 0004 - LOGISTIC SUPPORT OPTIONAL GOVERNMENT-

SPECIFIC ENHANCEMENT (TECHNICAL) O&A

TBD

IAW PWS Para 10.0

CLIN 0005 - LOGISTIC SUPPORT OPTIONAL GOVERNMENT-

SPECIFIC ENHANCEMENT (TRAINING) O&A

TBD

IAW PWS Para 10.0

CLIN 0006 - LOGISTIC SUPPORT OPTIONAL GOVERNMENT-

SPECIFIC ENHANCEMENT (XXX) O&A

TBD

IAW PWS Para 10.0

Electronic & IT: 03

CLIN 0007 - Other Direct Costs (ODC) TRAVEL

COST-TYPE

TBD

IAW SECTION C at C.

Electronic & IT: 03

Continued ...

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-25-R-00201

00008 CLIN 0008 Base Period @ Year 3 - LOGISTICS

SUPPORT / O&A

IAW PWS Para 9.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: )

08/15/2027

00009

Period of Performance: 10/01/2027 to 09/30/2030

CLIN 1008 Option Period 1, 3 Years - LOGISTICS

SUPPORT / O&A

IAW PWS Para 9.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award: )

08/15/2028

00010

Period of Performance: 10/01/2028 to 09/30/2032

CLIN 2008 Option Period 2, 2 Years - LOGISTICS

SUPPORT / O&A

IAW PWS Para 9.0

Electronic & IT: 03

(Option Line Item)

(Expected Exercise Date/Days After Award:

08/15/2028

4 62

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6973GH-25-R-00201

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Section A - Solicitation/Contract Form

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Section B - Supplies or Services/Prices Section B - Schedule

B.1 EQUIPMENT PROCURED

The contractor must administer, manage, and provide all resources ((except those expressly stated in this contract as Government Furnished Property (GFP)) necessary to provide an advanced Level D Full Flight Simulator (FFS) for the Beechcraft 360ER (BE360ER) aircraft. The contractor must perform all work in accordance with the Performance Work Statement (Att.J-1 at Section J) and subsequent specifications and drawings.

B.2 DOCUMENT REQUEST

This solicitation is a Request for Proposal (RFP) and Contractor Statement of Work (CSOW) for the procurement of one (1) new advanced Level D Full Flight Simulator (FFS) for the Beechcraft 360ER (BE360ER) aircraft that will be configured for use in supporting Crewmember training. This acquisition is being solicited competitively, and the applicable North American Industry Classification System (NAICS) code is 333310, Commercial and Service Industry Machinery Manufacturing.

B.3 TYPE AND TERM OF CONTRACT

This effort will be executed as a hybrid Indefinite Delivery/Indefinite Quantity (IDIQ) type contract. The hybrid contract will consist, primarily of Firm Fixed Price (FFP) line items. Other CLINs that may be utilized are Cost Reimbursable (CR), Labor Hour and/or Time and Material (T&M) where there is uncertainty in defining the full requirement for the specific task.

B.4 PERIOD OF PERFORMANCE

The Period of Performance will be a five (5) year Base (with two (2) production and installation years and three (3) Logistic Support years.

Additionally, the contract will have two (2) option year periods; one (1) three (3) year logistic support option period and one (1) two (2) year logistic support option period. Option periods will be executed at the discretion of the FAA.

The total estimated period of performance including options if exercised, is ten (10) years. The terms and conditions established under this contract will be applicable for all Delivery Orders (D/O) issued. Individual D/Os may specify additional requirements as agreed upon or allowable unilaterally in accordance with the base contract.

B.4 MINIMUM AND MAXIMUM VALUES

The minimum obligation under this contract is $100,000.00, relevant to Engineering, including that which is Nonrecurring Engineering, and is subject to the availability of funds. This amount (at least) will be obligated on the first D/O, issued concurrently or within ten (10) business days of the contract. The Government has no obligation to order additional supplies or services or issue additional D/Os to the Contractor beyond the minimum obligation specified above. The maximum obligation under this contract will not exceed the final awarded total estimated potential value. Please also note AMS Clause 3.2.4-17, Ordering Limitations (OCT 2019).

B.5 TRAVEL

Travel is not subject to a handling rate unless facilitated through a 3rd party travel agency. The maximum travel handling rate of 5% must be applied to the direct costs for travel at the prime contractor level. “Travel handling” is the fair and reasonable costs necessary for the contractor to provide for travel utilizing a 3rd party travel agency.

Passthrough charges for subcontractor indirect costs or profit associated with the travel are not allowable. The travel handling rate of 5% is not subject to redetermination for contract closeout purposes. See SECTION H for more details on travel reimbursement. Travel expenses that are designated as cost reimbursable shall represent the allowable actual cost at the time of billing. Travel authorization must be coordinated with and approved by the CO.

B.6 CONTRACT PRICING

The Contractor must prepare and present a Price Proposal (Contractor Format) with the Matrix formated MS Excel per the CLIN structure below at a minimum and in accordance with the Terms and Conditions in this contract. A writable submission with cell formating accessable is required. A sample template for cost element details is located at (Att.J-2 at Section J). Obligations shall occur at the D/O level. See Ordering Procedures in Section G.

CLIN X001. Project Management And Planning Objectives – Base Period (1st 2 Yrs) – FFP CLIN X002. Simulator Production and Installation – Base Period (1st 2 Yrs) – FFP CLIN X003. Spare Parts Support and Provisioning - FFP

CLIN X004. Logistics Support [Technical] – Base Period (Last 3 Yrs) – FFP FFP and/or L/H CLIN X005. Logistics Support [Training] – Base Period (Last 3 Yrs) – FFP and/or L/H (Optional) CLIN X006. Logistics Support [Optional Government-Specific Enhancement] – Base Period (Last 3 Yrs) – FFP and/or L/H CLIN X007. Other Direct Costs / Travel - Cost Reimbursement (C/R) CLIN 0008. Option Periods for Support (TBD) FFP and/or L/H CLIN 1008. Option Period 1, 3 Years - Logistics Support / O&A FFP CLIN 2008. Option Period 2, 2 Years - Logistics Support / O&A FFP

B.7 DELIVERY ORDER PROCESSING

a) The CO will issue Task Orders [unilaterally unless determined by the CO to warrant a bilateral signature], which may be periodically updated, during the performance period of the contract. Concurrent accomplishment of more than one task at a time may be required.

b) Delivery Order(s) (D/O) will be issued upon completion of the following sequence of actions:

1) The CO will submit a Request for Quote and at least a Statement of Objectives (SOO) to the contractor.

2) The contractor will submit a requirements memo validating or updating the SOO or requirement document to the CO including:

(i) List of requirements separated by CLIN and task

(ii) A breakdown of the Cost and Hours for the identified requirements

(iii) Proposed travel costs

3) The CO and Program will evaluate the proposed effort.

4) Upon Program, CO, and Contractor agreements, the CO will issue a D/O for delivery of Firm-Fixed-Price (preferred) efforts and/or labor hours tasks

5) The D/O will be signed, dated, and issued by the CO. Each D/O will contain the following information:

(i) An appropriate D/O number and reference to this contract number

(ii) A description of the requirement(s) to be performed presented in the attached contractor requirements memo.

(iii) Period of performance

(iv) Ceiling price for labor hour tasks, price for tasks, and/or Government Not to Exceed (NTE) estimate for travel costs associated with the effort.

c) The Contracting Officer may issue D/Os under this contract at any time within the term of this contract or any extension under the option clause.

Clause List

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

C.1 PERFORMANCE WORK STATEMENT (PWS)

The contractor must furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified) to provide complete performance in accordance with this requirement.

The Contractor will perform in accordance with (IAW) Att.J-1, Performance Work Statement (PWS).

There is a provision set forth in the solicitation for a proposed Contractor Statement of Work (CSOW). The FAA must approve. In the event of approval, the CSOW (or the conversion of it to a Gov’t SOW) will govern the performance.

C.2 BACKGROUND

Flight Program Operations (AJF) is responsible for all agency flight operations, manned and unmanned, and all aspects of FAA Flight Program safety, operations, training, maintenance, and compliance. The organization operates a fleet of FAA-owned aircraft at multiple facilities across the country. AJF is procuring King Air 360ER aircraft.

The simulator will be utilized to conduct training and qualification required under the AJF 14 CFR Part 135 air operator certificate.

C.3 CUSTOMER FURNISHED EQUIPMENT AND INFORMATION

To be determined

Clause List

Section D - Packaging and Marking Clause List

D.1 PACKAGING AND MARKING

Preservation, packaging, and packing must be IAW the industry's standard commercial practices to protect from contamination and damage. The outside of the shipping container shall be marked with the applicable contract number and delivery order number.

AC2110 PRESERVATION, PACKAGING, PACKING, AND MARKING (JUN 2015)

Preservation, packaging, and packing shall be in accordance with the industry's standard commercial practices to protect from contamination and damage. The outside of the shipping container shall be marked with the applicable contract number and delivery order number.

Section E - Inspection and Acceptance Clause List

E.1 INSPECTION AND ACCEPTANCE

A. Source inspection of the material by an authorized representative of the Federal Aviation Administration must be made prior to shipment at the contractor's plant in accordance with the contract terms and conditions. The contractor must give the Contracting Officer notice at least 15 working days prior to readiness for inspection. Such notice shall include FAA contract number and date of proposed inspection. The contractor shall indicate in the following space the location of the plant where the material will be available for inspection.

Manufacturer's Plant: _____________________________________

Location: _______________________________________________

B. Final inspection at destination must be IAW the PWS

C. Final acceptance must be at destination.

D. The provisions above must in no way be construed to limit the rights of the Government under the clause entitled “3.10.4-2 Inspection of Supplies - Fixed Price (November 1997)”.

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

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

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

(End of clause)

3.10.4-2 INSPECTION OF SUPPLIES - FIXED PRICE (NOV 1997)

3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)

AC1908 INSPECTION AND ACCEPTANCE AT DESTINATION (JUN 2015)

(a) Final inspection and acceptance shall be at destination.

(b) Although source inspection by the Government is not anticipated under this contract, the provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled []

AC1906 INSPECTION AND ACCEPTANCE (JAN 1997)

(a) The Government reserves the right to have its authorized representative inspect the material at the contractor's plant prior to shipment. To facilitate such inspection, the contractor shall give the Contracting Officer a written or telegraphic notice at least [insert # of days] working days prior to readiness for inspection. Such notice shall include FAA delivery order number, FAA contract number, and date of proposed inspection. The offeror shall indicate in the following space the location of the plant where the material will be available for inspection.

Plant

Location

(b) The Government may waive inspection at contractor's plant. In such event, final inspection will be at destination.

(c) In the event the Government does choose to inspect at the contractor's plant, final inspection at destination shall be ONLY for damage in transit, quantity, item substitution, and visual defects.

(d) Final acceptance will be at destination.

(e) The provisions of this clause shall in no way be construed to limit the rights of the Government under the clause entitled [insert clause title]

Section F - Deliveries or Performance Clause List

F.1 ACCELERATED DELIVERY

A schedule for delivery or performance may be expedited at the contractor's option at no additional cost to the Government

F.2 COORDINATION OF DELIVERY AND INSTALLATION

(a) Delivery requirements must be formally documented in the Master Program Schedule and/or the Contract Data Requirements List.

(b) The contractor must coordinate the delivery and installation with the Contracting Officer (CO) and the designated Contracting Officer’s Technical Representative (COTR).

(c) The contractor must provide a minimum of 45 calendar days written notice to the CO/COTR of the proposed date of shipment of the new simulator.

F.3 TIME & ITEMS OF DELIVERY

The delivery schedule must list all components to be delivered and a subsequent proposed delivery date. Upon agreement, the proposed schedule will be integrated by acceptance at negotiations and/or a modification to incorporate (preferred).

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

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

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

(End of clause)

3.10.1-9 STOP-WORK ORDER (APR 2025)

3.10.1-9 STOP-WORK ORDER (APR 2025) - ALTERNATE I (APR 2025)

AC0168 AUTHORIZED PERFORMANCE (JUL 2015)

The execution of a contract shall not constitute authority for the contractor to commence performance. Performance shall be ordered by the issuance of a formal delivery order by an authorized Contracting Officer of the Mike Monroney Aeronautical Center. Orders issued orally or by written telecommunications shall reference a formal delivery order number and shall be confirmed by issuance of the formal delivery order.

AC1604 CONTRACT PERIOD (JUN 2015)

The effective period of this contract is 1 year from [].

Section G - Contract Administration Data Clause List

G.1 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be set forth on individual Delivery Orders. Each invoice must identify the period of performance covered by that invoice.

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

(a) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(b) 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 of the scope of the contract. Work not ordered by the CO and/or work outside the scope of the contract must not be reimbursed by the Government.

(c) The contractor must immediately notify the CO for clarification when a question arises regarding the authority of any person to act for the CO under this contract.

G.3 TRAVEL

All Contractor travel must meet at least the following:

1. The contractor must use alternate airports where available and within a reasonable commuting distance if it will result in lower costs.

2. The contractor must conduct a cost analysis prior to the start of travel to determine the overall most cost-effective means, and use the most cost-effective means.

3. The contractor must use discounted hotel rates, marked CRC in the Federal Travel Directory published through GSA monthly.

4. Travel is not subject to a handling rate unless facilitated through a 3rd party travel agency. See B.5. In the event travel services from a 3rd party is utilized, the contractor must advise the CO of such need and may be compensated for the fee associated for up to 5% or $40.00 (which ever is lowest).

5. Pass-through charges for subcontractor indirect costs or profit associated with the travel are not allowable.

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)

AC0116 OPTION TO EXTEND SERVICES (JUN 2015)

The Government may unilaterally exercise its option to extend the term of the contract for performance of specified services pursuant to Section I, AMS Clause 3.2.4-34, Option to Extend Services , by written notice to the contractor not later than the expiration date of the current contract period.

AC0135 INVOICING PROCEDURES - GENERAL (JAN 2017)

(a) In addition to the requirements set forth at AMS Clause 3.3.1-17, Prompt Payment, for the submission of a proper invoice, the contractor shall submit a separate invoice for (1) each month of performance of services, or (2) those items of supplies furnished, as follows:

(1) The original to: 9-AMC-AMZ-FAA-APInvoices@faa.gov (Preferred) or mail to:

DOT/FAA AMK-311/314

P.O. Box 25710

Oklahoma City, OK 73169-0710

(2) One Copy to [] or:

FAA, Mike Monroney Aeronautical Center

Office of Acquisition Services (AAQ-(insert routing symbol))

P.O. Box 25082

Oklahoma City, OK 73l25

(3) One Copy to [] or:

FAA, Mike Monroney Aeronautical Center

P.O. Box []

Oklahoma City, OK 73l25

(b) Each invoice shall highlight the following information:

(1) Contract number and applicable Delivery Order number.

(2) Noun description of services and/or supplies, including applicable line item number(s) and quantity(s) that were provided.

(3) Extended totals for invoiced quantities.

(c) All contractors invoicing services to the FAA in labor hours shall maintain on file, and submit when required for verification or audit, certified time logs showing a daily start and ending work times, the daily total of productive hours charged to the contract, a daily entry for any non-productive work-hours and cumulative totals for each pay period.

AC2604 INCREMENTAL FUNDING (JAN 1997)

(a) The Government reserves the right to incrementally fund this contract on a periodic basis to promote efficiency in the utilization of fiscal allotments through the routine budget process or the use of interim funding measures such as under congressional ""continuing resolution"" procedures.

(b) Delivery orders will be periodically issued to provide a not-to-exceed amount of funds. Such amount will be sufficient to cover contract performance for the period specified in the order, plus an estimated cost for terminating the contract should additional funds not be available to continue performance under the contract.

(c) This clause becomes inoperative when the contract period is fully funded.

AC4530 WARRANTY - COMMERCIAL PRODUCTS (JUN 2015)

(a) The contractor warrants that the products (‘products’ includes equipment, fabrication processes, raw or finished materials, and intermediate assemblies) conform to contract requirements. The contractor also warrants that products are free of design defects (except defects in FAA-provided final designs) and defects in materials or workmanship.

(b) The contractor shall replace or repair any products which fail in operation within 12 months from the date of receipt. The Contracting Officer will give written notice of any defect or nonconformance to the contractor within a reasonable period of time after discovery. Replacements of contract items shall be made promptly and on an FOB destination basis. FAA will install replacements at no expense to the contractor.

(c) Products replaced under the provisions of this warranty shall remain the property of FAA unless the contractor wishes to obtain ownership. In this case, the contractor shall notify FAA of such in writing not later than the date of receipt by FAA of the replacement products. The contractor is responsible for packaging and shipping costs.

(d) The rights and remedies of FAA provided in this clause are in addition to and do not limit any rights afforded to FAA by any other clause of this contract or under applicable Federal or State law, including the Uniform Commercial Code.

AC4546 WAIVER OF WITHHOLDING (JUL 2015)

Funds shall not be withheld from contract payments as described in subparagraph (a)(2) of AMS clause 3.3.1-5 'Payments Under Time-and-Material and Labor-Hour Contracts.'

AC4550 DELIVERIES TO THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (JUL

2015)

(a) Security procedures at the MMAC require that all mail, materials, packages or parcels of any kind be delivered to a central screening point, for inspection by the FAA. This affects mail and other deliveries destined for all organizations located on MMAC property, including government organizations, contractors and permit holders.

After passing security inspection, the mail or material may be handled and delivered by the FAA. FAA will make every reasonable effort to conduct inspections and handle items in a careful manner so as to avoid damage or delay.

(b) This inspection is for the benefit of the FAA only. The FAA makes no representation that any material passing inspection is without hazard, poses no threat, or that it conforms in form, fit, function or quantity to the expectations of the intended recipient.

(c) The FAA shall not be liable for any 1) loss, damage or shortage of any mail or materials, 2) injury, or 3) delay in performance resulting from such inspection and handling, unless liable under the Federal Tort Claims Act (28 U.S.C. 2671-2680).

(d) Any item destined for the contractor that fails to pass inspection remains the property of the contractor, who is responsible for its disposition and coordination with law enforcement agencies as necessary.

Section H - Special Contract Requirements Clause List

H.1 LAW GOVERNING CONTRACT

The provisions of this contract shall be governed by and construed in accordance with the laws of the United States of America.

H.2 MOST FAVORED CUSTOMER

The Contractor warrants that the prices and terms set forth in this contract are as low as those offered to the Contractor's most favored customers for like material and services under comparable conditions, including but not limited to trade-in conditions, firm fixed multi-year pricing, duration of contract and Contractor compliance to the additional contract clauses incorporated by reference to this agreement.

H.3 COMMERCIAL PRACTICES

The basic software, engines, and the avionics selected to be provided under this contract are standard Contractor commercial products built or procured to standard commercial terms and conditions.

H.4 OVER AND ABOVE (O&A) TASKS AND PROCEDURES

This acquisition may require additional services—such as modifications, support activities, or consulting—that are necessary to successfully complete the simulator in alignment with the mission requirements outlined in this contract. These efforts are considered Over and Above (O&A) work and fall within the general scope of the contract, though they are outside the specifically defined baseline requirements.

If such an effort arises, the Contracting Officer will formally request a proposal from the Contractor. All O&A work must be mutually agreed upon and formally incorporated into the contract through a bilateral modification or the issuance of a delivery order.

Initial authorization to proceed with O&A tasks may be provided via letter from the Contracting Officer; however, such authorizations must be subsequently formalized through contract modification or delivery order issuance in order to be binding.

H.4.1 DEFINITIONS

H.4.1.1 THEFT - Parts required because of theft from the simulator.

H.4.1.2 DAMAGE/LOSS - Parts or components either damaged or lost because of negligence or accident on the part of the Government.

H.4.1.3 ACTS OF GOD - Flood, earthquake, lightning strikes, tornadoes, hurricanes, other local emergencies, etc.

H.4.1.4 ADDITIONAL MANUALS, CHECKLISTS, CATALOGS, ETC. - Manuals, tech data, checklists, etc. over and above what are provided with each simulator.

H.4.1.6 TECHNICAL SUPPORT - Specialized technical support after delivery of simulator and above current estimations.

H.4.1.7 ADDITIONAL SPARES AND GOVERNMENT SUPPLIED EQUIPMENT (GSE) - Additional spares and GSE over and above what is initially identified.

H.4.2 CONTRACTOR PROPOSED PROCEDURES

Funding for O&A actions will be provided by separate CLIN within Section B of the contract. Any Contractor or Government driven action that meets the criteria in paragraph H.4 above must be submitted as an O&A. The Contractor must submit to the CO and COR a description of the action, an explanation of why the action should be considered, and, at a minimum, a not-to-exceed (NTE) price, as soon as practical. This must be submitted by electronic mail.

The CO or COR will coordinate the action with the appropriate FAA personnel. The COR will forward a recommendation for approval or disapproval to the CO. The CO is the only individual who can authorize O&A actions.

The Contractor must submit a fixed price proposal within thirty (30) days, if the O&A was authorized based on an NTE, and in the event of need, the action must be definitized in accordance with paragraph H.5.3 of this clause.

H.5 DEFINITIZATION OF O&A ACTIONS

Undefinitized O&A actions that may be issued pursuant to this clause must be incorporated in the contract modification or authorization letter from the CO that directs such O&A tasks, the terms and conditions substantially as shown below:

(a) Limitations of Government Liability: In performing the effort authorized by this contractual document, the Contractor is not authorized to make expenditures or incur obligations in the amount of $____________(TBD). Contractor must have no obligation to proceed with any over and above task exceeding $_____(TBD) or for which no agreement was reached on pricing.

(b) Definitization: The schedule for definitizing this contractual document is set forth below:

Proposal Submission: 10 days Negotiations Complete: 5 days Contract Revision Distribution: 25 days

If the parties are unable to reach agreement on a definitive contractual document to supersede this authorization by the “Negotiations Complete” date referenced above—or within any extension of that date granted by the Contracting Officer—the Contracting Officer may unilaterally determine a reasonable price or fee. This determination shall be subject to the Contractor’s rights of appeal as provided under the Disputes clause of the contract. Notwithstanding the absence of a finalized agreement, the Contractor shall proceed with performance as directed in this contractual action, subject only to the limitations set forth in the clause entitled “Limitation of Government Liability.”

Furthermore, the Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contractual action within the next 60 calendar days—when combined with all costs previously incurred—will exceed 75% of the total amount currently obligated under this contractual action.

The notification shall include an estimate of the additional funding required to continue performance through the contract modification date specified above, or to another date mutually agreed upon by both parties.

H.6 TAXES

The Government will not be responsible for any taxes assessed on the sale to or importation by the Contractor of materials or equipment for incorporation into the simulator (including without limitation brokerage fees and customs processing fees) and any personal property taxes assessed against the simulator or any part thereof on or prior to acceptance of the simulator in accordance with the PWS at Section 7.0 with respect to periods on or prior to such date, for which taxes the Contractor must be solely responsible. For the avoidance of doubt, the Contractor must also be responsible for any taxes imposed on or measured by its net income resulting from the sale of the simulator.

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)

AC0090 ENVIRONMENTAL, SAFETY AND HEALTH (JULY 2016)

(a) The Contractor shall ensure that no person employed on this contract works in surroundings or under conditions that are unsanitary, hazardous, or dangerous to their health or safety. The contractor shall also ensure that all employees receive appropriate and required training for safety, health, environmental, and equipment operations. In fulfilling these requirements, the Contractor shall comply with:

(1) Applicable Federal, State, and local environmental and safety requirements. This includes, but is not limited to, requirements contained in the U.S. Code of Federal Regulations (e.g. 29 CFR, 40 CFR, and 42 CFR) and/or requirements issued by the Oklahoma Department of Environmental Quality and the Oklahoma Corporation Commission.

(2) Supplemental Federal and FAA environmental, safety and health requirements contained in Executive Orders, FAA, and Mike Monroney Aeronautical Center (MMAC) Environmental, Safety and Health Orders, or elsewhere in the contract. Other standards used by the FAA include those sponsored by the National Fire Protection Association (NFPA), the American National Standards Institute (ANSI), the American Society of Testing and Materials (ASTM), etc. This list of standards or laws is not inclusive.

(3) The MMAC Environmental, Occupational Safety and Health Policy states:

-The FAA Mike Monroney Aeronautical Center is fully committed to excellence and leadership in protecting the environment, and the health and safety of our employees and neighbors. It is our policy to ensure that employees, contractors, students, and visitors are provided with workplaces that are free from recognized hazards that may cause death, illness, or injury. Additionally, we will accomplish our mission in a manner that will minimize environmental consequences. All organizations at the Aeronautical Center are responsible to ensure that environmental, safety, and health considerations are integrated into their daily activities and operations. In keeping with this commitment, we will implement, maintain, and continually improve our environmental, safety, and health performance by utilizing a comprehensive Environmental, Occupational Safety and Health Management System which:

-Ensures compliance with all applicable environmental, occupational safety, and health requirements

-Establishes environmental, occupational safety and health metrics

-Prevents injury and illness

-Minimizes pollution and waste; conserves natural resources and improves energy efficiency

-Identifies hazards, assesses risks, and implements controls

Aeronautical Center personnel demonstrate their commitment to this policy by providing products and services in a manner that demonstrates our good stewardship of the environment, and in a manner that ensures a safe and healthy work environment for employees, contractors, students, and visitors.

(4) The environmental requirements of the MMAC Environmental, Occupational Safety and Health Management System (EOSHMS) are modeled after the specifications found in the International Standard for Environmental Management, ISO 14001: 2004. The health and safety requirements of the MMAC Environmental, Occupational Safety and Health System (EOSHMS) are modeled after the specifications found in the Occupational Health and Safety Assessment Series, BS OHSAS 18001: 2007. The MMAC EOSHMS requires that all contractors that provide goods and services that can affect MMAC's environmental, occupational safety and health programs shall, prior to start of performance of work under this contract:

(i) Ensure that all employees supporting the contract work activities are:

-Aware of the MMAC Environmental, Occupational Safety and Health Policy as set forth in paragraph (a)(3) above;

-Aware of and conform with the Operational Control documents referenced as attachments in Section J of this solicitation/contract;

-Competent to perform assigned job functions and maintain appropriate records of training or equivalent experience as identified in the above referenced Operational Control documents. Such records shall be made available to the CO or COR upon request.

(ii) Ensure that employees requiring unescorted access to the site have received the MMAC Environmental, Occupational Safety and Health Management System (EOSHMS) General Awareness Briefing, eLMS course # FAA30050017. This training is available on-line at:

https://ksn2.faa.gov/arc/amc/amp/amppublic/SitePages/Training%20-%20Mandatory%20Training.aspx .

(iii) Complete and sign the 'Certification of Contractor Conformance to the MMAC EOSHMS' included in Section K of this solicitation/contract. Contractor's signature of this certification certifies that the contractor has verified that all MMAC EOSHMS requirements have been or will be met and that work performed hereunder shall be in conformance with the MMAC EOSHMS. Submission of this certification is a prerequisite for contract award.

(b) If the Contractor works more than 1000 employee-hours in one quarter on the MMAC Campus, the Contractor shall prepare and submit an annual report of injury and illness information regarding this workforce as specified in 29 CFR 1904. The report shall be submitted to the Contracting Officer not later than November 30 of each year and contain the following information (Note: the following references to fiscal year refer to the Governmental fiscal year, October 1 through September 30):

(1) The number of employee-hours worked during the preceding fiscal year;

(2) The number of OSHA recordable cases (defined as mishaps that result in fatalities, lost workdays, medical treatment, restricted workdays or a loss of consciousness) that occurred during the preceding fiscal year;

(3) The number of cases which resulted in days away and/or restricted/transferred duty that occurred during the preceding fiscal year.

(c) If there are conflicts between any of the requirements referenced in this contract, the more stringent requirement will prevail.

(d) If the Contractor fails or refuses to promptly comply with any environmental, safety or health requirements stated in this Clause, the Contracting Officer's Representative (COR) will notify the Contractor of any such noncompliance and the Contractor shall take immediate corrective action. Such notice, whether oral or written, when served on the Contractor or any of its employees at the site of the work, shall be deemed sufficient. All oral notices will be followed up with a written notice to the Contractor. If the Contractor fails or refuses to promptly correct the condition, the COR may stop all or any portion of the work. When satisfactory corrective action has been taken, the contractor shall request permission to resume work from the COR. No time extension or additional costs, resulting from the directive to stop work shall be allowed. Failure of the COR to provide notice of noncompliance or to stop work shall not relieve the Contractor of its responsibility for the safe performance of the work.

(e) The Contractor shall require contract personnel to wear personal protective equipment when it is necessary because of the hazards on the job and in most instances will provide the equipment and corresponding training, except that which has been specified to be furnished by FAA. All personal protective equipment worn by contractors shall comply with applicable industry standards.

(f) Contractors shall include a clause in all subcontracts to require subcontractors to comply with this clause.

AC4555 NOTICE OF CONTRACTOR TESTIMONY (SEP 2006)

(a) The contractor shall notify the Contracting Officer promptly in writing of its intention, or the intention of its employees, subcontractors of any tier, or subcontractor employees, either voluntarily or under compulsion of competent authority, to provide sworn testimony on any matter related to or arising under the work required by and/or performed under, this contract. Such written notification at a minimum shall consist of the date and time of the testimony, identification of the court, board, or other body before which the testimony is made, the nature of the testimony to be given to the extent it is known at the time of this report, the nature of the contractor’s involvement in the proceeding and any other circumstances related to the work performed under or related to the contract and the proceeding in which the testimony will be taken.

(b) The contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts executed under this contract and shall require all subcontractors to provide the required report to the contractor.

AC4557 STRIKES OR PICKETING

Notwithstanding any other provision hereof, the Contractor is responsible for delays arising out of labor disputes, including but not limited to strikes, if such strikes are reasonably avoidable. A delay caused by a strike or by picketing which constitutes an unfair labor practice is not excusable unless the Contractor takes all reasonable and appropriate action to end such a strike or picketing, such as the filing of a charge with the National Labor Relations Board, the use of other available Government procedures, and the use of private boards or organizations for the settlement of disputes.

Section I - Contract Clauses Clause List

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 (APR 2023)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.4-5 ALLOWABLE COST AND PAYMENT (OCT 2019)

3.2.4-6 FIXED FEE (OCT 2019)

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)

3.3.1-1 PAYMENTS (JUL 2018)

3.3.1-5 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (OCT

2024)

3.3.1-8 EXTRAS (OCT 2024)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(OCT 2012)

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

3.6.2-39 TRAFFICKING IN PERSONS (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 (JUL 2023)

3.8.9-2 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (JUL 2023)

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 CHANGES - FIXED-PRICE (APR 1996)

3.10.1-13 CHANGES - COST-REIMBURSEMENT (APR 1996)

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

3.10.1-28 CHANGES REQUIRED BY AMS (JAN 2024)

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

1996)

3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (JAN 2020)

3.10.6-3 TERMINATION (COST-REIMBURSEMENT) (OCT 2014) - ALTERNATE IV (JAN 2015)

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

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

2025)

3.3.1-11 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1996)

Funds are not presently available for performance under this contract beyond [enter date]. The FAA's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the FAA for any payment may arise for performance under this contract beyond [enter date], until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JAN 2024)

(a) Definitions. As used in this clause

"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the Unique Identity Identifier (UEI) or the Electronic Funds Transfer indicator, into the SAM database.

"System for Award Management (SAM) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Unique Entity Identifier (UEI)" (also known as the Unique Entity ID) means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

"Electronic Funds Transfer indicator" means a 4-character suffix to the Unique Entity Identifier. This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror must enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the UEI or EFT indicator that identifies the offeror's name and address exactly as stated in the offer. The UEI will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a UEI, it should contact www.sam.gov directly to obtain one.

The offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company Physical Street Address, City, State, and…