SIR 697DCK-25-R-00418.pdf
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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 74
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
697DCK-25-R-00418
Period of Performance: 11/01/2025 to 04/30/2030
00001 SNOW REMOVAL SERVICE FOR NY TRACON (ZNY) BASE
YEAR 11/1/2025-4/30/2026
Electronic & IT: 03
Requisition No: ES-25-01861
Delivery: 30 Days After Award
Delivery Location Code: 169239BM
169239BM
69239B DOT FAA
AFSSC 81TB LIBERTY NY TRACON
1515 STEWART AVE
WESTBURY NY 115906612 US
00002 SNOW REMOVAL AND STREET SALTING SERVICES FOR THE
NEW YORK AIR ROUTE TRAFFIC CONTROL CENTER. BASE
YEAR 11/1/2025-4/30/2026
Electronic & IT: 03
Requisition No: ES-25-01875
Delivery Location Code: 1692324M
1692324M
692324 FAA LIBERTY N
AFSSC 811B, MACARTHUR AIRPORT
4205 JOHNSON AVE DELIVER INSIDE A
RONKONKOMA NY 117797339 US
Period of Performance: 11/01/2025 to 04/01/2026
00003 SNOW REMOVAL SERVICE FOR NY TRACON (ZNY) Option
Year 1 PoP 10/1/2026-4/30/2027
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: )
10/01/2026
Delivery: 30 Days After Award
Delivery Location Code: 169239BM
169239BM
69239B DOT FAA
AFSSC 81TB LIBERTY NY TRACON
1515 STEWART AVE
WESTBURY NY 115906612 US
Continued ...
3 74
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
697DCK-25-R-00418
00004 SNOW REMOVAL AND STREET SALTING SERVICES FOR THE
NEW YORK AIR ROUTE TRAFFIC CONTROL CENTER. OPTION
YEAR 1 PoP 11/1/2026-4/30/2027
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Delivery Location Code: 1692324M
1692324M
692324 FAA LIBERTY N
AFSSC 811B, MACARTHUR AIRPORT
4205 JOHNSON AVE DELIVER INSIDE A
RONKONKOMA NY 117797339 US
Period of Performance: 11/01/2026 to 04/01/2027
00005 SNOW REMOVAL SERVICE FOR NY TRACON (ZNY) Option
Year 2 PoP 11/1/2027-4/30/2028
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Delivery: 30 Days After Award
Delivery Location Code: 169239BM
169239BM
69239B DOT FAA
AFSSC 81TB LIBERTY NY TRACON
1515 STEWART AVE
WESTBURY NY 115906612 US
00006 SNOW REMOVAL AND STREET SALTING SERVICES FOR THE
NEW YORK AIR ROUTE TRAFFIC CONTROL CENTER. OPTION
YEAR 2 POP 11/1/2027-4/30/28
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Delivery Location Code: 1692324M
1692324M
692324 FAA LIBERTY N
AFSSC 811B, MACARTHUR AIRPORT
4205 JOHNSON AVE DELIVER INSIDE A
RONKONKOMA NY 117797339 US
Period of Performance: 11/01/2027 to 04/01/2028
00007 SNOW REMOVAL SERVICE FOR NY TRACON (ZNY) Option
Year 3 PoP 11/1/2028-4/30/2029
4 74
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
697DCK-25-R-00418
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Delivery: 30 Days After Award
Delivery Location Code: 169239BM
169239BM
69239B DOT FAA
AFSSC 81TB LIBERTY NY TRACON
1515 STEWART AVE
WESTBURY NY 115906612 US
00008 SNOW REMOVAL AND STREET SALTING SERVICES FOR THE
NEW YORK AIR ROUTE TRAFFIC CONTROL CENTER. OPTION
YEAR 3 POP 11/1/2028-4/30/29
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Delivery Location Code: 1692324M
1692324M
692324 FAA LIBERTY N
AFSSC 811B, MACARTHUR AIRPORT
4205 JOHNSON AVE DELIVER INSIDE A
RONKONKOMA NY 117797339 US
Period of Performance: 11/01/2028 to 04/01/2029
00009 SNOW REMOVAL SERVICE FOR NY TRACON (ZNY) Option
Year 4 PoP 11/1/2029-4/30/2030
Electronic & IT: 03
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Delivery: 30 Days After Award
Delivery Location Code: 169239BM
169239BM
69239B DOT FAA
AFSSC 81TB LIBERTY NY TRACON
1515 STEWART AVE
WESTBURY NY 115906612 US
00010 SNOW REMOVAL AND STREET SALTING SERVICES FOR THE
NEW YORK AIR ROUTE TRAFFIC CONTROL CENTER. OPTION
YEAR 4 POP 11/1/2098-4/30/2030
Electronic & IT: 03
5 74
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
697DCK-25-R-00418
(Option Line Item)
(Expected Exercise Date/Days After Award: ) 0
Delivery Location Code: 1692324M
1692324M
692324 FAA LIBERTY N
AFSSC 811B, MACARTHUR AIRPORT
4205 JOHNSON AVE DELIVER INSIDE A
RONKONKOMA NY 117797339 US
Period of Performance: 11/01/2029 to 04/01/2030
Section A - Solicitation/Contract Form
SA4 VEHICLE ACCESS
In accordance with FAA Order 1900.1G any vehicle that will require access with the fenced area must be registered with the Facility Manager and have identification media affixed to it. All vehicles entering the controlled perimeter of the facility are subject to random inspection by Security Officers (who are authorized and present)
SA5 PHOTOGRAPHS
In accordance with FAA Order 1600.69, Paragraph 319 All employees on this contract are strictly prohibited from taking any photographs during the duration of this contract without prior approval of the Facility Manager.
SA12 INSURANCE
Section B - Supplies or Services/Prices
SA25 PRICES/COSTS FOR SERVICES
Furnish all labor, materials, equipment, transportation, insurance, notifications, licenses, permits, fees and supervision necessary for Snow Removal Service for NY TRACON and NY ARTCC in accordance with the specifications, drawings, contract clauses, and wage rates.
The offered price shall encompass all costs related to (a) direct and indirect labor, fringe benefits, overhead, G&A expenses, profit, material, equipment, other direct costs, insurance, freight, handling, transportation, inspection, testing, operation and maintenance manuals, bonds, etc., (b) federal, state, and local taxes, (c) all applicable fees permits, licenses, and (d) any miscellaneous charges.
An offeror is required to provide a price for each contract line item (CLIN). Failure to comply may result in the rejection of the subject offer. Contracting Officer reserve, the right to award multiple contracts from this solicitation.
There shall be no split award. In the event that the CLIN price for any line item is materially unbalanced, the entire offer may be rejected without discussion with the offeror.
In the event of any disparity between the CLIN price and the total offered price, the CLIN price shall be deemed correct, and the total offered amount shall be revised accordingly, unless available information indicates otherwise.
Effective April 1, 1996, the Federal Aviation Administration (FAA) began operating under the new FAA Acquisition Management System. The l996 DOT Appropriation Act, Public Law 104-50, mandated that the FAA rewrite its acquisition regulations and granted legislative relief from certain laws. The Federal Acquisition Regulations (FAR), Federal Acquisition Streamlining Act of 1994, Small Business Act, and Competition in Contracting Act, are three of these laws.
NY TRACON – Snow Removal and Deicing Services
Base Year:
11/1/2025 – 4/30/2026 (6 months) 2” and below $______________ per occurrence
2”-6” $______________ per occurrence
6.1”-12” $______________ per occurrence
12.1” or more $______________ per occurrence
Sidewalks Sanding/Salting Application $______________ per occurrence
Parking Lot Sanding/Salting Application $______________ per occurrence
Sidewalks Shoveling $______________ per occurrence
Snow Plowing/Salt/ATV equipment sidewalks $______________ per occurrence
Base Year Total Price Estimate $______________
Option Year 1:
11/1/2026 – 4/30/2025 (6 months) 2” and below $______________ per occurrence
2”-6” $______________ per occurrence
6.1”-12” $______________ per occurrence
12.1” or more $______________ per occurrence
Sidewalks Sanding/Salting Application $______________ per occurrence
Parking Lot Sanding/Salting Application $______________ per occurrence
Sidewalks Shoveling $______________ per occurrence
Snow Plowing/Salt/ATV equipment sidewalks $______________ per occurrence
Option Year 1 Total Price Estimate $______________
Option Year 2:
11/1/2027 – 4/30/2028 (6 months) 2” and below $______________ per occurrence
2”-6” $______________ per occurrence
6.1”-12” $______________ per occurrence
12.1” or more $______________ per occurrence
Sidewalks Sanding/Salting Application $______________ per occurrence
Parking Lot Sanding/Salting Application $______________ per occurrence
Sidewalks Shoveling $______________ per occurrence
Snow Plowing/Salt/ATV equipment sidewalks $______________ per occurrence
Option Year 2 Total Price Estimate $______________
Option Year 3:
11/1/2028 – 4/30/2029 (6 months) 2” and below $______________ per occurrence
2”-6” $______________ per occurrence
6.1”-12” $______________ per occurrence
12.1” or more $______________ per occurrence
Sidewalks Sanding/Salting Application $______________ per occurrence
Parking Lot Sanding/Salting Application $______________ per occurrence
Sidewalks Shoveling $______________ per occurrence
Option Year 3 Total Price Estimate $______________
Option Year 4:
11/1/2029 – 4/30/2030 (6 months) 2” and below $______________ per occurrence
2”-6” $______________ per occurrence
6.1”-12” $______________ per occurrence
12.1” or more $______________ per occurrence
Sidewalks Sanding/Salting Application $______________ per occurrence
Parking Lot Sanding/Salting Application $______________ per occurrence
Sidewalks Shoveling $______________ per occurrence
Snow Plowing/Salt/ATV equipment sidewalks $______________ per occurrence
Option Year 4 Total Price Estimate $______________
Combined Estimated Total for Base + 4 Option Years: $_________________________
NY ARTCC – Snow Removal and Deicing Services
Base Year:
11/1/2025 – 4/30/2026 (6 months) 2” and below $______________ per occurrence
2”-6” $______________ per occurrence
6.1”-12” $______________ per occurrence
12.1” or more $______________ per occurrence
Sidewalks Sanding/Salting Application $______________ per occurrence
Parking Lot Sanding/Salting Application $______________ per occurrence
Sidewalks Shoveling $______________ per occurrence
Snow Plowing/Salt/ATV equipment sidewalks $______________ per occurrence
Base Year Total Price Estimate $______________
Option Year 1:
11/1/2026 – 4/30/2025 (6 months)
2” and below $______________ per occurrence
2”-6” $______________ per occurrence
6.1”-12” $______________ per occurrence
12.1” or more $______________ per occurrence
Sidewalks Sanding/Salting Application $______________ per occurrence
Parking Lot Sanding/Salting Application $______________ per occurrence
Sidewalks Shoveling $______________ per occurrence
Snow Plowing/Salt/ATV equipment sidewalks $______________ per occurrence
Option Year 1 Total Price Estimate $______________
Option Year 2:
11/1/2027 – 4/30/2028 (6 months) 2” and below $______________ per occurrence
2”-6” $______________ per occurrence
6.1”-12” $______________ per occurrence
12.1” or more $______________ per occurrence
Sidewalks Sanding/Salting Application $______________ per occurrence
Parking Lot Sanding/Salting Application $______________ per occurrence
Sidewalks Shoveling $______________ per occurrence
Option Year 2 Total Price Estimate $______________
Option Year 3:
11/1/2028 – 4/30/2029 (6 months) 2” and below $______________ per occurrence
2”-6” $______________ per occurrence
6.1”-12” $______________ per occurrence
12.1” or more $______________ per occurrence
Sidewalks Sanding/Salting Application $______________ per occurrence
Parking Lot Sanding/Salting Application $______________ per occurrence
Sidewalks Shoveling $______________ per occurrence
Option Year 3 Total Price Estimate $______________
Option Year 4:
11/1/2029 – 4/30/2030 (6 months) 2” and below $______________ per occurrence
2”-6” $______________ per occurrence
6.1”-12” $______________ per occurrence
12.1” or more $______________ per occurrence
Sidewalks Sanding/Salting Application $______________ per occurrence
Parking Lot Sanding/Salting Application $______________ per occurrence
Sidewalks Shoveling $______________ per occurrence
Snow Plowing/Salt/ATV equipment sidewalks $______________ per occurrence
Option Year 4 Total Price Estimate $______________
Combined Estimated Total for Base + 4 Option Years: $_________________________
Note: Offeror must provide a price on Base Period plus Option Years for all sites below in order to be responsive to this Request for Offer (RFO). The Government does not guarantee to exercise any of the option years under this contract.
(End of Clause)
SA29 SOLICITATION QUESTIONS
All contractors proposing this project desiring an interpretation or clarification of the specifications, drawings, contract terms and conditions, etc., must make the request by e-mail to Jennifer.Walker-Gomez@faa.gov. Telephone questions will not be accepted. The requestor shall provide a company name, point-of -contact name, address and telephone number, as well as a return e-mail address. The Contracting Officer is the only person authorized to make clarifications, interpretations, or changes to this solicitation.
QUESTIONS ARE DUE by: August 22, 2025, at 11:00 AM EST.
SA30 SITE VISIT
There is an optional site visit on:
a. Meeting point.
August 14, 2025, at 9:00 AM EST
New York TRACON 1515 Stewart Avenue, Westbury, NY 11590
August 19, 2025, at 9:00 AM EST
New York ARTCC - AFSSC 811B, MACARTHUR AIRPORT 4205 JOHNSON AVE, RONKONKOMA NY 11779
b. The FAA facility escort has been instructed not to answer any questions about the project during the site visit, please do not ask them any. All questions from the site visit must be submitted in writing according to the RFO's instructions in Section B, Clause B005 Solicitation Questions (above). The FAA assumes no responsibility for any conclusions or interpretations made by the contractor based on the information received by any means other than in writing from the Contracting Officer. The FAA does not assume responsibility for any understanding reached or representation made concerning conditions, which can affect the work, by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in the contract.
c. To attend the site visit, advance notice by email is required by August 11, 2025, at 4:00PM EST to the FAA point of contact listed just below. You are required to provide your company representative's name.
POC: Jennifer Walker-Gomez (Jennifer.Walker-Gomez@faa.gov)
(End of Clause)
Section C - Description/Specifications
Section D - Packaging and Marking
Section E - Inspection and Acceptance
3.10.4-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1996)
3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR
1996)
3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)
Section F - Deliveries or Performance
3.10.1-9 STOP-WORK ORDER (APR 2025)
3.10.1-24 NOTICE OF DELAY (MAR 2009)
SA13 HOLIDAYS
The following Federal holidays are observed by the Federal Aviation Administration.
New Year's Day January 1st
Martin Luther King's Birthday Third Monday in January
Presidents Day Third Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans Day November 11th
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25th
Section G - Contract Administration Data
3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 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.
(End of Clause)
SA14 AUTHORITY OF THE GOVERNMENT
No one other than the Contracting Officer has the authority to authorize or make changes in the terms, conditions, change the scope of work or specifications in the contract, make any commitments or otherwise obligate the Government, or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms and conditions of the contract.
SA36 CORRESPONDENCE
The contracting officer prefers to receive written communication and documents electronically via email at []. All email correspondence to the FAA must state the contract number in the 'Subject' field. Electronic documents must be accompanied by an explanatory email and should be sent in a portable-document-format type file (file extension pdf), such as Adobe Acrobat. Vendors are required to ensure that the quality of the administrative content in electronic files represents a reasonably high business standard. The Government is not responsible for the administrative ordering or legibility of correspondence received electronically. Emailed files/documents may not be in a zipped format. If electronic file sizes (i.e., typically expressed as kilobytes or megabytes) are too large for email attachments, recommend delivery in compact disk (CD) format submitted via hard-copy mail. Any CD mailing or printed-paper, hard-copy correspondence will be sent to the contracting officer at the following address.
(End of Clause)
Section H - Special Contract Requirements
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)
FAA0002 PRESIDENTIAL DIRECTIVE COMPLIANCE (FEB 2025)
FAA shall comply with all Presidential directives. If any clause, provision, term, or condition in this SIR or contract is inconsistent with any Executive Order or Presidential Memoranda issued on or after January 20, 2025, or implementing guidance thereof, FAA will take action it deems appropriate and as permitted by law to correct any such inconsistency to include finding a provision or clause invalid. Applicable Executive Orders include, but are not limited to:
- Executive Order 14148 of January 20, 2025, Initial Recissions of Harmful Executive Orders and Actions.
- Executive Order 14151 of January 20, 2025, Ending Radical and Wasteful Government DEI Programs and Preferencing.
- Executive Order 14154 of January 20, 2025, Unleashing American Energy.
- Executive Order 14168 of January 20, 2025, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
- Executive Order 14173 of January 21, 2025, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
Section I - Contract Clauses
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
https://fast.faa.gov/contractclauses.cfm.
(End of clause)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)
3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (JUL 2018)
3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS (APR 2023)
(a) The policy of the FAA is to avoid doing business with contractors, subcontractors, and consultants who have a conflict of interest or an appearance of a conflict of interest. The purpose of this policy is to maintain the highest level of integrity within its workforce and to ensure that the award of procurement contracts is based upon fairness and merit.
(b) The contractor must provide to the Contracting Officer the following information with its proposal and must provide an information update within 30 days of the award of a contract, any subcontract, or any consultant agreement, or within 30 days of the retention of a Subject Individual or former FAA employee subject to this clause:
(1) The names of all Subject Individuals who:
(i) participated in preparation of proposals for award; or
(ii) are planned to be used during performance; or
(iii) are used during performance; and
(2) The name of each individual, retained in any capacity by the contractor, who was employed by FAA during the five-year period immediately prior to the date of award; and
(3) The date on which the initial expression of interest in a future financial arrangement was discussed with the contractor by any former FAA employee whose name is required to be provided by the contractor pursuant to subparagraph (2); and
(4) The location where any Subject Individual or former FAA employee whose name is required to be provided by the contractor pursuant to subparagraphs (1) and (2), are expected to be assigned.
(c) "Subject Individual" means a current FAA employee's father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, spouse of an in-law, or a member of his/her household.
(d) The contractor must incorporate this clause into all subcontracts or consultant agreements awarded under this contract and must further require that each such subcontractor or consultant incorporate this clause into all subcontracts or consultant agreements at any tier awarded under this contract unless the Contracting Officer determines otherwise.
(e) The information as it is submitted, must be certified as being true and correct. If there is no such information, the certification must so state.
(f) Remedies for nondisclosure: The following are possible remedies available to the FAA should a contractor misrepresent or refuse to disclose or misrepresent any information required by this clause:
(1) Termination of the contract.
(2) Exclusion from subsequent FAA contracts.
(3) Other remedial action as may be permitted or provided by law or regulation or policy or by the terms of the contract.
(g) Annual Certification. The contractor must provide annually, based on the anniversary date of contract award, the following certification in writing to the Contracting Officer:
ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS
The contractor represents and certifies that to the best of its knowledge and belief that during the prior 12 month period:
[ ] A former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement and complete disclosure has been made in accordance with subparagraph (b) of AMS Clause 3.1.7-6.
[ ] No former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement, and disclosure required by AMS Clause 3.1.7-6 is not applicable.
Authorized Representative
Company Name
Date
(h) 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.
(End of clause)
3.2.1.5-4 CONTINUITY OF SERVICES - MISSION CRITICAL CONTRACTS (JAN 2008)
(a) The contractor recognizes that the supplies and/or services under this contract are critical to FAA and must be continued without interruption during times of National Emergency or Incidents of National Significance. Supplies and/or services to be continued without interruption are:
[Description to be entered by Contracting Officer]
(b) National Emergencies or Incidents of National Significance include:
(1) Outbreak of pandemic influenza or infectious disease;
(2) Terrorist attack; and
(3) Natural disaster.
(c) Because the supplies and/or services under this SIR or contract are deemed critical by FAA, the contractor must make every reasonable effort to deliver these supplies and/or services per the contract requirements during times of National Emergency or Incidents of National Significance; however, the presence of this clause does not affect or diminish the Contractor's rights under Default or Termination clauses incorporated into this SIR or contract.
(d) Within [Number of days to be entered by Contracting Officer] days after award, the contractor must submit a Continuity of Contract Performance Plan to the Contracting Officer (CO) for review and acceptance. This plan describes the processes and tools that the contractor will commit to ensure supplies and/or services are delivered as required during times of National Emergency or Incidents of National Significance. This plan must include the following sections:
(1) Plans and Procedures: Detail the plans and procedures in place that will provide for continued contract performance for supplies and/or services during times of National Emergencies or Incidents of National Significance;
(2) Essential Functions: Record functions that are essential to the continuation of mission critical contract performance;
(3) Delegations of Authority, Planned Order of Succession, and Cross-Training: Procedures in place to ensure personnel are available to make key decisions and perform critical services when primary personnel are unavailable;
(4) Alternate Operating Facilities: When the primary facility is unavailable, detail plans to make available other facilities unaffected by the National Emergency or Incident of National Significance. If contract performance allows, this may include alternatives such as telecommute;
(5) Interoperable and Effective Communications: Identify alternate communication systems if primary systems are unavailable;
(6) Critical Records or Data: Identify plans in place to ensure critical records and data are still available to ensure the integrity of contract performance;
(7) Protection of Human Capital: Identify comprehensive plans to protect the overall health and welfare of the workforce in times of National Emergency or Incidents of National Significance;
(8) Testing and Training of the Plan: Detail comprehensive testing and training of the plan to improve the execution of contract performance in times of National Emergency or Incidents of National Significance;
(9) Devolution of Control and Direction: Identify plans and the ability to transfer authority and responsibility of essential functions from the primary location to other sites and employees; and
(10) Reconstitution and Resuming Normal Operations: Identify procedures and processes to expedite the return of contract performance and operations to their normal state.
(e) The Continuity of Contract Performance Plan must be made available by the contractor to all authorized contractor personnel with a "need-to-know" for review and use during the term of the contract.
(f) The Continuity of Contract Performance Plan must be updated as needed.
(End of Clause)
3.2.2.3-33 ORDER OF PRECEDENCE (APR 2024)
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)
3.2.4-34 OPTION TO EXTEND SERVICES (OCT 2019)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder must not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.
(End of clause)
3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (JUL 2021)
(a) The Government may extend the term of this contract by written notice (contract modification) to the Contractor prior to the expiration of the current period of performance provided, that the Government will give the Contractor a preliminary written notice of its intent to extend at least [ Enter number of days] days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract must be considered to include this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, must not exceed [enter number of months] (months) [enter number of years] (years).
(End of clause)
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)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2024)
3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OCT 2024)
(a) Definitions.
(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.
(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.
(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:
(i) The awarding of any Federal contract.
(ii) The making of any Federal grant.
(iii) The making of any Federal loan.
(iv) The entering into of any cooperative agreement.
(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.
(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.
(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.
(7) "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:
(i) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.
(ii) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.
(iii) A special Government employee, as defined in section 202, title 18, United States Code.
(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States Code, appendix 2.
(8) "Person," as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
(9) "Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.
(10) "Reasonable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.
(11) "Recipient," as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
(12) "'Regularly employed," as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person must be considered to be regularly employed as soon as the officer or employee is employed by such person for 130 working days.
(13) "State," as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.
(b) Prohibitions. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal action) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the screening information request (SIR), the offeror must complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and
(3) The offeror will include the language of this clause in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 must disclose accordingly.
(4) This certification and disclosure is a prerequisite for making or entering into this contract imposed by the Act. Any person who makes a prohibited expenditure or fails to file or amend a disclosure form, must be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure.
(c) The prohibitions of the Act do not apply under the following conditions:
(1) Agency and legislative liaison by its own employees.
(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.
(ii) For purposes of subdivision (c)(1)(i) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.
(iii) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:
(A) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.
(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.
(iv) The following agency and legislative liaison activities are permitted where they are prior to the Screening Information Request (SIR) of any covered Federal action:
(A) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;
(B) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and
(C) Capability presentations by persons seeking awards from an agency pursuant to the provisions of a law authorizing such actions;
(2) Professional and technical services.
(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of:
(A) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.
(B) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.
(ii) For purposes of subdivision (c)(2)(i) of this clause, 'professional and technical services' must be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a submittal/offer by a lawyer is allowable.
Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's submittal/offer, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services.
Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a submittal/offer are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.
(iii) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.
(iv) The reporting requirements herein must not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.
(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted under this clause.
(d) Disclosure.
(1) If the Contractor, who requests or receives from an agency a Federal contract, has made or has agreed to make any payment using non-appropriated funds (to include profits from any Covered Federal action), to any person for the purpose of influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with a Covered Federal action, the Contractor must file with that agency a disclosure form, OMB Standard Form LLL, Disclosure of Lobbying Activities..
(2) The Contractor must file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (d)(1) of this clause. An event that materially affects the accuracy of the information reported includes:
(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or
(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or
(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.
(3) The Contractor must require the certification, and if required, a disclosure form by any person who requests or receives any subcontractor exceeding $150,000 under the Federal contract.
(4) All subcontractor disclosure forms must be forwarded from tier to tier until received by the prime Contractor. The prime Contractor must submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor.
(e) Agreement. The Contractor agrees not to make any payment prohibited by this clause.
(f) Penalties.
(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or fails to file or amend the disclosure form to be filed or amended by paragraph (b) must be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.
(2) Contractors may rely without liability on the representations made by their subcontractors in the certification and in the disclosure form.
(g) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.
(End of clause)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 2024)
3.3.1-1 PAYMENTS (JUL 2018)
3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (JUL 2018)
3.3.1-8 EXTRAS (OCT 2024)
3.3.1-10 AVAILABILITY OF FUNDS (OCT 2024)
Funds are not presently available for this contract. The FAA's obligation under this contract 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 until funds are made available to the Contracting Officer (CO) for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the CO.
(End of clause)
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)
3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)
3.3.1-17 PROMPT PAYMENT (OCT 2024)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS
(OCT 2012)
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 ZIP Code.
(4) Company Mailing Address, City, State and ZIP Code (if different from physical street address).
(5) Company Telephone Number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity).
(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.
(e) Processing time should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and…
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