SIR-RFO 6973GH-21-R-00097_041321.pdf

PDF 904 KB Posted Apr 20, 2021

Attached to: AMENDMENT A0002 UPDATE* ODA STC Certification & Association Project Management
Solicitation number: 6973GH-21-R-00097
Issued by: Department of Transportation Federal Aviation Administration Non-Franchise Acquisition Services

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File	Type	Posted
SF-30_A0002_Rev_L-M-051421.pdf	PDF	May 14, 2021
SIR-RFO 6973GH-21-R-00097_051421.pdf	PDF	May 14, 2021
SF-30_A0001_050621.pdf	PDF	May 6, 2021
SF-30_A0001_050521.pdf	PDF	May 5, 2021
SIR-RFO 6973GH-21-R-00097_041321.pdf	PDF	Apr 26, 2021
Attach 1 - ODA STC Contract PWS_210318_Final.pdf	PDF	Apr 20, 2021
Attach 3 - Past Performance Survey.doc	DOC document	Apr 20, 2021
Attach 2 - CDRL A001_ A002.pdf	PDF	Apr 20, 2021

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SIR: 6973GH-21-R-00097

PART I - SECTION B

SUPPLIES/SERVICES AND PRICES/COST

B.1 The contractor must provide all management, supervision, labor, facilities, equipment, material supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for, or incident to, the performance of the requirements set forth in the Performance Work Statement, as incrementally requested and authorized in the form of individually issued task orders. Work requirements set forth are all in accordance with (IAW) the terms, conditions, and provisions herein. Descriptions of the services to be furnished can be found in the Performance Work Statement “Supplemental Type Certificate (STC), Development and Certification and Associated Project Management,” found in Section J, Attachment 1.

B.2 This is an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract with Time & Material (T&M), and Cost Reimbursable line items. A minimum obligation will be issued at time of award. The precise quantities of hours and labor mix are unknown and will be ordered as needed with the issuance of Task Orders.

Estimated requirements are not a representation to an offeror or contractor that the estimated quantity as shown in the schedule will be ordered or that conditions affecting requirements will be stable or normal.

Line item requirements will be fulfilled by placing orders with the contractor. The only person authorized to either issue or modify delivery/task orders under this ID/IQ is the Contracting Officer (CO). The FAA reserves the right to issue task orders as appropriate for the work required in the Performance Work Statement.

B.3 The minimum obligation under this contract will be satisfied through the issuance of the first task order in the base year of the contract. This task order will cover the cost of the initial “kick-off” meeting to include travel and will be invoiced against CLINs 00002 and 00003.

B.4 The maximum dollar value per task order during the contract period must not exceed the annual estimated not to exceed value.

The remainder of this page is intentionally left blank.

BASE PERIOD

<12 Months DARA>

CLIN 00001: Suplemental Type Certification (STC)

LABOR HOUR

Contractor shall perform STC authority and certification effort in accordance with the attached Performance Work Statement (PWS), Sections 2.1.1 – 2.1.3 (Ref: PWS, Section J, Attachment 1) Qualifications and Experience must be in accordance with the attached PWS, Section 9.2 “Qualifications,” Appendix B-1, FAA Order 8100.8D (Ref: PWS Section J, Attachment 1)

Est.

QTY

Unit Unit Price Total Amount

Engineering Unit Members ODA Administration Electrical Engineer Mechanical Engineer Structural Engineer Software Engineer Aerospace Engineer-Icing and Aero Aerospace Engineer-Electrical Wiring Interconnect Sys (EWIS) Aerospace Engineer-Limitation-High Intensity Radiated Fields

(L-HIRF)

Aerospace Engineer-Fatigue Aerospace Engineer-System Safety

Inspection Unit Members Electrical Inspector Structural Inspector Airworthiness Inspector

Test Pilot Unit Member

Total Estimated Not To Exceed Amount:

CLIN 00002: Program/Project Management

LABOR HOUR

Contractor shall provide program and project management support for all related modification projects in accordance with the attached Performance Work Statement (PWS), Section 2.3. (Ref: PWS Section J, Attachment 1) Qualifications and Experience must be in accordance with the attached PWS, Section 9 “Qualifications.”

(Ref: PWS Section J, Attachment 1)

Est.

QTY

Unit Unit Price Total Amount

Project Manager

CLIN 00003: OTHER DIRECT COSTS

COST

TRAVEL

Contractor shall complete in accordance with the attached Performance Work Statement (PWS) Section 7, “Travel;” Section I, AMS Clause 3.3.2-2, “Reimbursement for Travel and Subsistence (Apr 10);” and Section H.2 clause, “Reimbursement of Travel” (Ref: PWS, Section J, Attachment 1, Section H.2, and Section I, AMS Clause 3.3.2-2, )

Not To Exceed

$36,000.00

CLIN 00004: OVER AND ABOVE

This line item will have a fixed annual amount to be executed for unforeseen requirements related to data gathering, materials or shipping costs. Requirements to be invoiced against this line item must be in accordance with the attached Performance Work Statement (PWS) Section 8, “Over and Above” (Ref: PWS, Section J, Attachment 1)

$50,000.00

BASE PERIOD TOTAL ESTIMATED CONTRACT AMOUNT

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OPTION YEAR 1

CLIN 10001: Supplemental Type Certification (STC)

LABOR HOUR

(Ref: PWS Section J, Attachment 1)

Est.

QTY

Unit Unit Price Total Amount

(L-HIRF)

Aerospace Engineer-Fatigue Aerospace Engineer-System Safety

Inspection Unit Members Electrical Inspector Structural Inspector

CLIN 10002: Program/Project Management

(Ref: PWS Section J, Attachment 1)

Est.

QTY

CLIN 10003: OTHER DIRECT COSTS

TRAVEL

CLIN 10004: OVER AND ABOVE

$10,000.00

OPTION YEAR 2

CLIN 20001: Supplemental Type Certification (STC)

LABOR HOUR

(Ref: PWS Section J, Attachment 1)

Est.

QTY

Unit Unit Price Total Amount

(L-HIRF)

Aerospace Engineer-Fatigue Aerospace Engineer-System Safety

Inspection Unit Members Electrical Inspector Structural Inspector

CLIN 20002: Program/Project Management

(Ref: PWS Section J, Attachment 1)

Est.

QTY

CLIN 20003: OTHER DIRECT COSTS

TRAVEL

CLIN 20004: OVER AND ABOVE

OPTION YEAR 3

CLIN 30001: Supplemental Type Certification (STC)

(Ref: PWS Section J, Attachment 1)

Est.

QTY

Unit Unit Price Total Amount

(L-HIRF)

Aerospace Engineer-Fatigue Aerospace Engineer-System Safety

Inspection Unit Members Electrical Inspector Structural Inspector

CLIN 30002: Program/Project Management

(Ref: PWS Section J, Attachment 1)

Est.

QTY

CLIN 30003: OTHER DIRECT COSTS

TRAVEL

OPTION YEAR 4

CLIN 40001: Supplemental Type Certification (STC)

LABOR HOUR

(Ref: PWS Section J, Attachment 1)

Est.

QTY

Unit Unit Price Total Amount

(L-HIRF)

Aerospace Engineer-Fatigue Aerospace Engineer-System Safety

Inspection Unit Members Electrical Inspector Structural Inspector

CLIN 40002: Program/Project Management

(Ref: PWS Section J, Attachment 1)

Est.

QTY

CLIN 40003: OTHER DIRECT COSTS

TRAVEL

CLIN 40004: OVER AND ABOVE

PART 1 – SECTION C – DESCRIPTION/SPECS/WORK STATEMENT

Scope of Work

The contractor shall furnish all labor, tools, materials, equipment, and supplies, necessary to accomplish, and in accordance with, the attached Performance Work Statement, “Supplemental Type Certificate (STC), Development and Certification and Associated Project Management” Aug 29, 2020. (Section J, Attachment 1) The period of performance for this contract is 1 year from date of award with four (4) 1-year option periods to be exercised at the discretion of the FAA.

AC1510 DEFINITION OF CONTRACT TERMS (JANUARY 1997) (Tailored*)

(a) “Contractor's Cost” means the net cost to the contractor (after deducting cash or trade discounts, rebates, commissions and any other allowances and credits available to the contractor, regardless of date purchased, plus properly identified and supported freight or transportation costs) for parts acquired by the contractor for performance under this contract. Also see AMS Clause 3.3.1-5,

(b) “Direct Labor Hours” means those hours of labor which are identifiable as being performed directly on an item of the contract and which serve as the basis for payment of the Daily Rate set forth in Section B.

The method of charging direct labor hours to this contract must conform to the contractor's accepted normal accounting practices and procedures, and allow for verification to the sources of the costs incurred.

The term Direct Labor Hours does NOT include time for the indirect work of overhead and supervisory employees such as officers, engineers, supervisors, foremen, quality control inspectors, material handlers, clerks, typists, timekeepers, watchmen and truck drivers.

**In conjunction with (a),(b)and(c) above, see AMS Clause 3.3.1-5, Payments Under Time-and-Materials and Labor-Hour Contracts, at Section I. Additionally, any reference to subcontracts or material handling costs under these CLINs shall be IAW 3.3.1-5.**

(d) “Hourly Composite Rate” includes direct and indirect labor, indirect material, overhead and profit.

Payment under the applicable item will be computed by multiplying the Direct Labor Hours expended by the Hourly Composite Rate. The amounts payable for fractional parts of an hour may be prorated by fractions or increments not less than one-tenth (1/10) of one hour.

(e) “Indirect Material” means all supplies and materials which do not become an integrated part of the assembly, accessory, or component. Typical items are lubricants, solvents, wiping rags, emery cloth, plating material, safety wire and abrasives. Price of indirect material shall be included in the Hourly Composite Rate.

(f) “Irreparable” means a condition where an item cannot be returned to service in accordance with the applicable manufacturer's overhaul limits and instructions and/or pertinent regulations of the Federal Aviation Administration.

(g) “New, Unused Parts” means serviceable parts that have never been used, which conform to current production standards and which are intended for replacement for like irreparable parts.

(h) “Out-of-Plant Services” means those services performed for the contractor by its vendor, processor or subcontractor, such as special grinding, plating or similar rework processes, on components or parts removed from the Government-owned reparable items.

(i) “Overhaul” means (1) the complete disassembly of the contract items listed in Section B including every assembly, subassembly and part; (2) the cleaning of each part and its inspection for serviceability; (3) the repair or rework of each reparable part and the replacement of each irreparable part; (4) the reassembly, calibration, as necessary, testing and inspection; (5) the marking and finishing of the exterior, where required; and (6) the preservation, packing and packaging, as required.

(j) “Reparable” means the condition of an item which can be returned to service after repair or rework in accordance with procedures, tolerances and limits established by the overhaul and repair instructions issued by the item manufacturer, or as otherwise authorized under the provisions of the Federal Aviation Regulations.

(k) “Serviceable” means the condition of an item in a good state of preservation that can be placed in service in accordance with applicable manufacturer's overhaul limits and instructions and/or pertinent regulations of the Federal Aviation Administration without repair.

(l) “Test” means a test or check of equipment in its operational (or functional) environment, using equipment, procedures, and limits specified in applicable authorized manufacturer publications, manuals, and specifications and technical orders or FAA authorized changes in procedures and limits.

(m) “Material Handling Costs” When included as part of material costs, material handling costs shall include only costs clearly excluded from the labor hour rate. Material handling costs may include all appropriate indirect costs allocated to direct materials in accordance with the contractor’s usual accounting procedures consistent with AMS cost principles.

AC4548 EMERGENCY SITUATIONS AND EXERCISES DURING CONTRACT PERFORMANCE (JUL 2015)

(a) Emergency situations and exercises are temporary exceptions to the prohibition of contractor personnel not being subject to the direction and control of Government personnel when performing non-personal contract services in FAA facilities.

(b) All contractor personnel at a FAA work site or facility during an actual emergency shall conform to the procedures posted or directed by FAA officials responsible for emergency response at that site or facility.

Such officials include evacuation wardens/monitors, security personnel, Emergency Readiness Officers, management, etc.

(c) Contractor personnel shall participate in all emergency exercises, including evacuations, as part of performance under this contract. On rare occasions and based on advance arrangements that are then announced at the time of an exercise, contractor personnel will be excused from evacuations.

(d) Contractor management/supervisors shall ensure that each contractor employee assigned work in FAA facilities possesses a general awareness of emergency and evacuation procedures at all locations where the employees might be during an emergency or exercise. Information on emergency procedures may be requested from the Contracting Officer’s Representative (COR) or a designated FAA contact point at the work site.

AC4563 EMERGENCY SITUATIONS AND EXERCISES DURING CONTRACT PERFORMANCE AT THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (Nov 2015)

(a) Emergency situations and exercises are temporary exceptions to the prohibition of contractor personnel being subject to the direction and control of Government personnel when performing non-personal contract services in Government facilities.

(b) All contractor personnel at a Government work site or facility during an actual emergency must conform to the procedures posted or directed by Government officials responsible for emergency response at that site or facility. Such officials include evacuation wardens/monitors, security personnel, Emergency Readiness Officers, management, Contracting Officer’s Representative (COR), etc.

(c) Contractor personnel must participate in all emergency exercises, including evacuations, as part of performance under this contract. On rare occasions, based on advance arrangements that are then announced at the time of an exercise, contractor personnel may be excused from evacuations.

(d) Contractor management/site supervisors must ensure that each contractor employee assigned to work in Government facilities possesses a general awareness of emergency and evacuation procedures at all locations where the employees might be during an emergency or exercise. Contractor Management/Site Supervisors are responsible for accounting for their employees during an actual emergency or exercise, and are subsequently required to report this information to their COR as soon as practical based on the situation. Information on emergency procedures may be requested from the COR or a designated Government contact point at the work site.

(e) When there are disruptions to Government operations at the Mike Monroney Aeronautical Center, Contractor Management/Site Supervisor should ensure that all employees are aware of the following methods of obtaining the Center’s status:

The Center Status website:

https://employees.faa.gov/org/centers/mmac/employee_services/facility_status/

Status Phone number; 954-0040, and local TV/Radio news channels.

(f) If the Center is OPEN during inclement weather, it’s business as usual. Any need for unscheduled leave is between the contractor employee and their contractor management, not the FAA.

(g) When the Center is OPEN with a Delayed Arrival Time, contractors may allow their employees to arrive at the worksite in accordance with the Delayed Arrival Time under which the Center is operating. However, the government will not pay for hours not worked on other than firm fixed price type contracts and discussions on accounting for time on any other contract type should be between Contractor Management/Site Supervisor and COR or CO.

(h) When the Center is CLOSED, contractor employees should not report to the Center unless they have been informed in advance that they are considered “mission critical” employees or their contractor management/site supervisor has provided other direction. The government will not pay for hours not worked on other than firm fixed price type contracts. Any discussions on accounting for time on any other contract type should be between the contractor management/site supervisor and the COR or CO.

(i) If an alternative duty location is activated that includes contractor employees, all contractor employees will be made aware of that location through their contractor management/site supervisor.

PART I - SECTION D - PACKAGING AND MARKING

Not Applicable

PART I - SECTION E - INSPECTION AND ACCEPTANCE

AC1908 INSPECTION AND ACCEPTANCE AT DESTINATION (JAN 1997)

(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 following AMS clauses, Inspection—Time-and-Materials and Labor-Hour (3.10.4-5)

(c) A Contracting Officers Representative (COR) will be designated for the specific purpose of exercising general surveillance over the contract operation including contractor performance.

AMS 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.

AMS 3.10.4-4 Inspection of Services - Both Fixed-Price & Cost Reimbursement (April 1996) AMS 3.10.4-5 Inspection - Time-and-Material and Labor-Hour (April 1996)

PART I - SECTION F - DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

Services shall be accomplished at an FAA facilities as designated on the project authorization.

F.2 DELIVERY SCHEDULE

All deliverables shall be in accordance with the provisions set forth in the Performance Work Statement and as further defined by the individual task assignments issued during the term of the contract.

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.

AC1137 CHANGE TO INDIVIDUAL DELIVERY ORDER SCHEDULE (JAN 1997)

(a) The delivery schedule(s) of all delivery orders issued hereunder shall be established in accordance with the terms of the contract.

(b) In the event that the Contractor fails to deliver in accordance with the established delivery schedule(s) and if such failure is not due to an excusable delay as defined in the Default clause of this contract, the Government and the Contractor may at the Government's option, negotiate a revised delivery schedule(s) in exchange for adequate consideration to the Government. A contract modification will not be required, but the delivery order(s) shall be amended in writing accordingly.

(c) A delivery order change or amendment made pursuant to this clause shall not affect the delivery schedule(s) of any other delivery order(s) issued under this contract.

(d) This clause shall not limit the Government's rights under the Default clause.

AC1604 CONTRACT PERIOD (JUN 2015)

The effective period of this contract to include base and all option periods at date of award is 60 months, or as may be extended by option issued hereunder.

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

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

(2) Substitution of Personnel.

(a) For the first ninety (90) days of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.

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

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

(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least 30 days (if a security clearance must be obtained, at least 60 days) before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer. Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel.

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

AMS 3.1-1 Clauses and Provisions Incorporated by Reference (JUL 2019)

AMS 3.10.1-9 STOP-WORK ORDER (OCT 1996)

AMS 3.10.1-9 Alt. I STOP-WORK ORDER (OCT 1996)

AMS 3.10.1-24 NOTICE OF DELAY (MAR 2009)

AMS 3.11.34 F.O.B. DESTINATION (APR 1999)

PART I - SECTION G - CONTRACT ADMINISTRATION DATA

AC0116 OPTION TO EXTEND SERVICES (JAN 1997)

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.

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.

AMS 3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APRIL 2012)

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

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

PART I - SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 TASK ORDER PROCEDURES

(a) Project Tasks. The contract effort taken as a whole is considered as engineering and technical services delivered through project tasks. The principle objects of project tasks are support to the Supplemental Type Certificate (STC) services on aircraft certified under 14 CFR Part 23 and 14 CFR Part 25.

(1) New Project Tasks. All new contract project tasks shall be submitted by the COR. As a minimum, the project task will include the project name and number, its scope and purpose, a meaningful description of the project effort and deliverable(s) with estimated completion dates, the funding source and a Government point of contact (POC). Assignment of contractor personnel to projects is a management responsibility of the contractor. Contractor personnel should not be named or requested in project task requests.

(2) COR Review. The COR will review the project description and requirements(s) to ensure the project task is within the scope of the contract and subsequent tasks and sub-tasks. Scope determinations and concurrences/non-concurrences will be forwarded to appropriate management personnel.

(3) Project Assigned. The contractor’s management will review the project descriptions and requirement(s), assess the need for assignment of qualified employees, material purchases, travel and other resource requirements. The contractor will notify the requiring organization of its assessment.

(4) Project Execution. After notification of project task is made, it is necessary for the Government and contractor to fully and openly communicate about issues necessary for successful project completion.

As necessary, it is appropriate for the Government to provide to the contractor technical direction, have routine daily contact regarding the project activities being accomplished and supply feedback on project status. Government personnel are prohibited from actions that create an employer/employee relationship, or the appearance of one.

H.2 REIMBURSEMENT OF TRAVEL COSTS

This clause governs the payment of travel expenses as a direct contract cost, as differentiated from indirect travel cost or Company travel that would be governed by the Contractor’s internal travel policies. The Government will reimburse the contractor for travel costs, as specified in this clause that are required, approved and incurred by contractor personnel traveling outside the commuting range of their assigned work location in performance of this contract.

(a) Travel under this clause must be funded under the contract/order and then authorized in advance by the Contracting Officer (CO), Contracting Officer’s Representative (COR) or the cognizant Team/Branch Manager before travel costs are charged as a direct contract cost. Travel related expenses shall be identified separately, by trip, before claims for reimbursement. The contractor shall submit proof of its actual purchase price for commercial transportation, lodging, and any other items to be reimbursed at actual cost. Unless directed otherwise, in writing, by the CO or COR, subsistence cost (meals and incidental expenses) shall be billed and paid on the per diem basis specified below.

(b) Government reimbursements for claimed travel costs, including per diem, will be made in accordance with the Federal Travel Regulations (FTR), as amended, issued by the General Services Administration (GSA) and maintained on its website, http://www.gsa.gov. Reimbursement for common-carrier fares shall be limited to actual cost of the lowest economy, standard, coach, or equivalent fare offered during normal business hours, plus customary agent fees. However, the lowest costs should be weighed against the incurrence of overtime, extra nights lodging, and lost productivity due to late arrivals. Travelers should discuss these types of situations with the requesting organization’s manager to avoid higher overall travel cost to the FAA. Any other common-carrier charges, reimbursement for private or corporate air travel or use of rental cars must be included in an advanced written authorization to travel. Expenses for transportation by private or corporate vehicles shall be reimbursed on a mileage basis at the FTR transportation rates in effect at the time the travel is accomplished, plus necessary tolls, or at the total constructive cost of common carrier transportation, whichever is most advantageous to the Government. The contractor shall always seek best value approach to travel arrangements.

(c) The contractor shall not be entitled to reimbursement under this clause for any travel costs associated with contractor-directed personnel changes, personnel/labor disputes, for employee convenience, or for travel to and from the normal assigned work locations. All claims for reimbursement are subject to the cost principles contained in the FAA’s Acquisition Management System.

(d) Travel costs for transportation, lodging, per diem or subsistence and other related expenses shall not be burdened by any profit or indirect costs with the exception of a nominal handling charge.

Nominal handling charges may be charged for travel under this clause to the extent specified in Schedule B.

(e) The FAA will not reimburse the contractor for time/travel incurred for personal conveniences.

Examples: hotels further from the work site when there are vacancies available in approved lodging closer to the work site; staying with family or friends that increases commute time or travel expenses; changing original flight itineraries due to personal reasons, and other situations that are for the personal convenience of the contractor and employee.

(f) In some cases, it may be necessary for the contractor to drive to another city to catch an early morning flight. In these situations, the contract employee may stay at a hotel the previous night that is close to the airport.

(g) Price comparisons for drive vs. fly are mandatory in cases when a contract employee wishes to drive to a work location.

(h) When on TDY status, mileage will be reimbursed for contract employees traveling to retail establishments to obtain project material/equipment.

http://www.gsa.gov/

(i) Contractors are forbidden from driving vehicles rented by Government employees. If this occurs, the contractor shall be liable for all costs associated with accidents and injuries. Similarly, Government employees shall not drive contractor rented vehicles.

(j) For travel to locations in foreign countries, copies of credit card statements must be included with the voucher to verify actual charges in US dollars.

(b) This clause does not limit the Government's rights provided by AMS 3.10.6-4, Default, or AMS 3.10.6-1, Termination for Convenience of the Government, clause of the contract.

AC0090 ENVIRONMENTAL, SAFETY AND HEALTH (DEC 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 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 safety and health 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, occupational 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 objectives and metrics

• Prevents injury and illness and protects the environment

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

• Identifies hazards, assesses risks, and implements controls using the hierarchy of controls

• Involves employees and employee representatives in the EOSHMS, as applicable. Aeronautical

Center leadership and 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: 2015. 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/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 there are conflicts between any of the requirements referenced in this contract, the more stringent requirement will prevail.

(c) 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.

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

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

AC3402 FAA FACILITY REGULATIONS FOR MMAC CONTRACTORS (OCT 2018)

Contractor personnel, including employees of subcontractors at any tier, suppliers, etc., working at or visiting the FAA Mike Monroney Aeronautical Center (MMAC) facility, shall abide by all applicable regulations in effect at the MMAC facility governing their conduct, including, but not limited to, those regulations pertaining to traffic, parking, security, and airport matters. A non-inclusive list of such regulations is provided below.

The full text of these are available at the website shown or can be obtained by contacting your Contracting Officer (CO)/Contracting Officer’s Representative (COR).

FAA ORDERS/DIRECTIVES

Contractor & Industrial Security Program FAA Order 1600.72A http://www.faa.gov/documentLibrary/media/Order/ND/1600.72A.pdf Note: All contractors with access to government computer systems are required to take annual Security Awareness Virtual Initiative (SAVI) training. Information on how to accomplish this training is located at: https://my.faa.gov/org/linebusiness/ash/programs/savi.html

Accountability Board FAA Order 1110.125A http://www.faa.gov/documentLibrary/media/Order/1110.125A.pdf

FAA Occupational Safety & Health Program FAA Order 3900.19B http://www.faa.gov/documentLibrary/media/Order/3900.19B.pdf

*FAA Information Security and Privacy Program and Policy FAA Order 1370.121 https://employees.faa.gov/documentLibrary/media/Order/1370.121pdf

*Ground Vehicle Operations to include Taxiing, or Towing Aircraft on Airports Advisory Circular AC 150/5210-20A https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.information/d ocumentID/1028089

*Parking and Traffic AC 1600.21 H Chapter 7 https://ksn2.faa.gov/arc/amc/amp/amppublic/Traffic%20Safety/Forms/AllItems.aspx

*Documents are only available by request from the Contracting Officer.

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 http://www.faa.gov/documentLibrary/media/Order/ND/1600.72A.pdf https://my.faa.gov/org/linebusiness/ash/programs/savi.html http://www.faa.gov/documentLibrary/media/Order/1110.125A.pdf http://www.faa.gov/documentLibrary/media/Order/3900.19B.pdf https://employees.faa.gov/documentLibrary/media/Order/1370.121pdf https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.information/documentID/1028089 https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.information/documentID/1028089 https://ksn2.faa.gov/arc/amc/amp/amppublic/Traffic%20Safety/Forms/AllItems.aspx 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.

AC4556 PERSONNEL AND SUPERVISION (JUL 2015)

The contractor shall designate sufficient supervisory personnel to meet task outcomes. Contract supervisors will provide day-to-day supervision of contract personnel including, but not limited to, work monitoring, payroll records, leave, etc. At no time will FAA personnel assume any responsibility for the supervision of contractor personnel. Government assistance will be available to provide technical and policy guidance through the assigned Contracting Officer’s Representative (COR).

AC4557 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT WORK (SEP 2006)

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

AMS 3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)

(a) The…

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