DTFAWA-08-R-00003
INVESTMENT MANAGEMENT TOOL
SIR/RFP – REQUEST FOR PROPOSALS
As a Contracting Officer for the FAA, I hereby issued, on December 21, 2007, a Request
for Proposals (RFP), for the FAA’s Investment Management Tool requirement. The RFP
is issued with the intention of awarding an Indefinite Quantity contract for the purchase
of a COTS software tool and related support services. The RFP includes the following
sections:
Section B: Supplies or Services
Section C: Specification
Section D: Packaging and Packing
Section E: Quality Assurance
Section F: Deliveries or Performance
Section G: Contract Administration
Section H: Special Contract Requirements
Section I: Contract Clauses
Section J: List of Attachments (separate attachments)
Attachment J-1 Previous Contracts List
Attachment J-2 Evaluation Survey of Contractor’s Past Performance
Attachment J-3 Past Performance Questionnaire Record
Attachment J-4 Cost Template (will be issued via Amendment 1)
Section K: Representations and Certifications
Section L: Instructions, Conditions, and Notices to Offerors
Section M: Evaluation Factors for Award
Offerors are required to submit proposals pursuant to the directions provided at Section L
(including completion of all representations and certifications noted at Section K). The
due date for proposal submission is noted at Section L.6.d. Proposals will be evaluated as
described at Section M, Evaluation Factors for Award.
If you have any questions, they will be considered only if submitted in writing (via e-
mail) on or before COB January 2, 2008. The government will endeavor to respond to
questions received after this date but makes no commitment that it will. Please submit
any questions to: Jim.McNulty@faa.gov. The government intends to issue an
amendment to the solicitation on or about January 8, 2007, to publish the questions and
FAA’s responses.
Jim McNulty
Contracting Officer, ATO-A
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SECTION B
CLINs AND PRICES
This is an indefinite quantity contract that includes fixed price CLINs for COTS software
products (on a fixed unit price basis for Server Software Licenses and Client Software
Licenses) and labor categories for related support services (priced per fully loaded hourly
rates). The government may issue orders under this contract for the products and services
noted below at the fixed unit prices as shown.
BASE CONTRACT PERIOD (from date of award through 12 months thereafter)
The CLIN numbers, CLIN prices and CLIN descriptions are provided below:
001 SERVER SOFTWARE license (if not included in the Client $_________
License) for the Online Editable Repository of Business Case
Data software as described in the Specification. The fixed price
for this CLIN does NOT include software maintenance. The
fixed price for this CLIN includes the following list of COTS
software products as per the contractor’s proposal:
____________________
____________________
_____________________
002 CLIENT SOFTWARE license (if not included in the Server $___________
License) for the Editable Repository of Business Case Data
Software as described in the Specification. The fixed price for
this CLIN does NOT include software maintenance. The fixed
price for this CLIN includes the following list of COTS products
as per the contractor’s proposal:
____________________
____________________
_____________________
003 SOFTWARE MAINTENANCE: _________%
The contractor shall deliver software maintenance as defined per the specification
included in this contract. With respect to the price for this software maintenance, for all
of the software licenses that the FAA may purchase under this contract, the contractor
agrees that the prices of software maintenance for each 12-month period of maintenance
shall be determined as a percentage of the purchase price of the licenses. At the time of
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contract award, the actual number of licenses that may be purchased is/was unknown.
The contractor agrees to sell 12 months of software maintenance (as defined in the
specification) for ______% of the actual software license purchase price as reflected in
the software license CLINs in this contract. The parties agree that this stated percentage
will be applicable regardless of the number of software licenses purchased and regardless
of which CLINs, as specified in this contract, that the government invokes for purposes
of purchasing software licenses under this contract. At the government’s discretion, less
than 12 months of software maintenance may be ordered (in increments as small as one
month of software maintenance). The price for one month shall be determined as 1/12 of
the price of a full year of software maintenance; and the price for two months of software
maintenance will be determined as 2/12 of the price of a full year of software
maintenance. etc. (a purely mathematical calculation).
RELATED SUPPORT SERVICES
The Labor Categories and labor rates identified below are provided for use in the
task orders issued under this contract. The government has the right to place
orders for support services that are related to the software that may be purchased
hereunder. The period of performance for work ordered hereunder may extend
through five years from date of contract award. Section F.4 describes the order
issuance process.
The labor rates are fully burdened “sell” rates. These rates shall be used on all task
orders issued under this contract vehicle, no other labor rates will be recognized unless
lower rates are offered or unless the parties negotiate additional labor categories and
rates. Other than authorized travel costs, the government will not recognize any
additional costs which are not made a part of the fully burdened labor rates. (Travel costs
must be specifically identified in a task order in order to qualify as allowable and
allocable.) The fully burdened labor rates shall include all fee and profit as well.
All rates shall be for the Washington, D.C. metropolitan area with performance occurring at the
government’s facility.
FULLY LOADED LABOR RATES (as per labor category definitions at
Contract Section H.10):
004 Senior Product Usage Consultant $_________
005 Senior Manager $_________
006 Senior Product Implementer $_________
007 Senior Portfolio Management Office Operations $_________
008 Portfolio Management Office Operator $_________
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009 Senior Data Exchange/Customer Reports Programmer: $_________
010 Senior Trainer $_________
ADMINISTRATIVE HANDLING RATE for this period: __________%
When specified per individual task order, the contractor may be required to perform
services that require travel (other than local travel). Such travel and hardware/software
expenses shall be considered Other Direct Costs (ODC) for the purposes of this contract.
Section B includes a separate and unique “Administrative Handling Rate” for each
contract period (base contract and each individual option year). The purpose of the
“Administrative Handing Rate” is to allow the contractor to recoup the costs associated
with scheduling and managing all identified travel costs. The “Administrative handling
Rate" shall consist of a single percentage that the contractor may apply against all travel
expenses when invoicing the Government for reimbursement of this travel. The
"Administrative Handling Rate" shall be specified by percent to the nearest hundredth.
The government will not consider changing the Administrative Handling Rates during the
life of the contract except should the contractor propose to lower the rates. The
Administrative Handling Rate shall be the same whether the expense is incurred at the
prime contractor or subcontractor level. No additional handling rate will be chargeable in
such situations where a subcontractor incurs the travel expense (e.g., application of a
handling rate on top of a handling rate against a travel expense is not allowable). This
Administrative Handling Rate applies only to authorized travel expenses; it does NOT
apply to the fixed price software license CLINs included in this contract.
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FIRST OPTION PERIOD (an additional 12 months thereafter)
The CLIN numbers, CLIN prices and CLIN descriptions are provided below:
1-001 SERVER SOFTWARE license (if not included in the Client $_________
License) for the Online Editable Repository of Business Case
Data software as described in the Specification. The fixed price
for this CLIN does NOT include software maintenance. The
fixed price for this CLIN includes the following list of COTS
software products as per the contractor’s proposal:
____________________
____________________
_____________________
1-002 CLIENT SOFTWARE license (if not included in the Server $___________
License) for the Editable Repository of Business Case Data
Software as described in the Specification. The fixed price for
this CLIN does NOT include software maintenance. The fixed
price for this CLIN includes the following list of COTS products
as per the contractor’s proposal:
____________________
____________________
_____________________
1-003 SOFTWARE MAINTENANCE: _________%
The contractor shall deliver software maintenance as defined per the specification
included in this contract. With respect to the price for this software maintenance, for all
of the software licenses that the FAA may purchase under this contract, the contractor
agrees that the prices of software maintenance for each 12-month period of maintenance
shall be determined as a percentage of the purchase price of the licenses. At the time of
contract award, the actual number of licenses that may be purchased is/was unknown.
The contractor agrees to sell 12 months of software maintenance (as defined in the
specification) for ______% of the actual software license purchase price as reflected in
the software license CLINs in this contract. The parties agree that this stated percentage
will be applicable regardless of the number of software licenses purchased and regardless
of which CLINs, as specified in this contract, that the government invokes for purposes
of purchasing software licenses under this contract. At the government’s discretion, less
than 12 months of software maintenance may be ordered (in increments as small as one
month of software maintenance). The price for one month shall be determined as 1/12 of
the price of a full year of software maintenance; and the price for two months of software
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DTFAWA-08-R-00003
maintenance will be determined as 2/12 of the price of a full year of software
maintenance. etc. (a purely mathematical calculation).
RELATED SUPPORT SERVICES
The Labor Categories and labor rates identified below are provided for use in the
task orders issued under this contract. The government has the right to place
orders for support services that are related to the software that may be purchased
hereunder. The period of performance for work ordered hereunder may extend
through five years from date of contract award. Section F.4 describes the order
issuance process.
The labor rates are fully burdened “sell” rates. These rates shall be used on all task
orders issued under this contract vehicle, no other labor rates will be recognized unless
lower rates are offered or unless the parties negotiate additional labor categories and
rates. Other than authorized travel costs, the government will not recognize any
additional costs which are not made a part of the fully burdened labor rates. (Travel costs
must be specifically identified in a task order in order to qualify as allowable and
allocable.) The fully burdened labor rates shall include all fee and profit as well.
All rates shall be for the Washington, D.C. metropolitan area with performance occurring at the
government’s facility.
FULLY LOADED LABOR RATES:
1-004 Senior Product Usage Consultant $_________
1-005 Senior Manager $_________
1-006 Senior Product Implementer $_________
1-007 Senior Portfolio Management Office Operations $_________
1-008 Portfolio Management Office Operator $_________
1-009 Senior Data Exchange/Customer Reports Programmer: $_________
1-010 Senior Trainer $_________
ADMINISTRATIVE HANDLING RATE for this period: __________%
When specified per individual task order, the contractor may be
required to perform services that require travel (other than local
travel). Such travel and hardware/software expenses shall be
considered Other Direct Costs (ODC) for the purposes of this
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DTFAWA-08-R-00003
contract. Section B includes a separate and unique
“Administrative Handling Rate” for each contract period (base
contract and each individual option year). The purpose of the
“Administrative Handing Rate” is to allow the contractor to
recoup the costs associated with scheduling and managing all
identified travel costs. The “Administrative handling Rate" shall
consist of a single percentage that the contractor may apply
against all travel expenses when invoicing the Government for
reimbursement of this travel. The "Administrative Handling
Rate" shall be specified by percent to the nearest hundredth. The
government will not consider changing the Administrative
Handling Rates during the life of the contract except should the
contractor propose to lower the rates. The Administrative
Handling Rate shall be the same whether the expense is incurred
at the prime contractor or subcontractor level. No additional
handling rate will be chargeable in such situations where a
subcontractor incurs the travel expense (e.g., application of a
handling rate on top of a handling rate against a travel expense is
not allowable). This Administrative Handling Rate applies only to
authorized travel expenses; it does NOT apply to the fixed price
software license CLINs included in this contract.
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SECOND OPTION PERIOD (an additional 12 months thereafter)
The CLIN numbers, CLIN prices and CLIN descriptions are provided below:
2-001 SERVER SOFTWARE license (if not included in the Client $_________
License) for the Online Editable Repository of Business Case
Data software as described in the Specification. The fixed price
for this CLIN does NOT include software maintenance. The
fixed price for this CLIN includes the following list of COTS
software products as per the contractor’s proposal:
____________________
____________________
_____________________
2-002 CLIENT SOFTWARE license (if not included in the Server $___________
License) for the Editable Repository of Business Case Data
Software as described in the Specification. The fixed price for
this CLIN does NOT include software maintenance. The fixed
price for this CLIN includes the following list of COTS products
as per the contractor’s proposal:
____________________
____________________
_____________________
2-003 SOFTWARE MAINTENANCE: _________%
The contractor shall deliver software maintenance as defined per the specification
included in this contract. With respect to the price for this software maintenance, for all
of the software licenses that the FAA may purchase under this contract, the contractor
agrees that the prices of software maintenance for each 12-month period of maintenance
shall be determined as a percentage of the purchase price of the licenses. At the time of
contract award, the actual number of licenses that may be purchased is/was unknown.
The contractor agrees to sell 12 months of software maintenance (as defined in the
specification) for ______% of the actual software license purchase price as reflected in
the software license CLINs in this contract. The parties agree that this stated percentage
will be applicable regardless of the number of software licenses purchased and regardless
of which CLINs, as specified in this contract, that the government invokes for purposes
of purchasing software licenses under this contract. At the government’s discretion, less
than 12 months of software maintenance may be ordered (in increments as small as one
month of software maintenance). The price for one month shall be determined as 1/12 of
the price of a full year of software maintenance; and the price for two months of software
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DTFAWA-08-R-00003
maintenance will be determined as 2/12 of the price of a full year of software
maintenance. etc. (a purely mathematical calculation).
RELATED SUPPORT SERVICES
The Labor Categories and labor rates identified below are provided for use in the
task orders issued under this contract. The government has the right to place
orders for support services that are related to the software that may be purchased
hereunder. The period of performance for work ordered hereunder may extend
through five years from date of contract award. Section F.4 describes the order
issuance process.
The labor rates are fully burdened “sell” rates. These rates shall be used on all task
orders issued under this contract vehicle, no other labor rates will be recognized unless
lower rates are offered or unless the parties negotiate additional labor categories and
rates. Other than authorized travel costs, the government will not recognize any
additional costs which are not made a part of the fully burdened labor rates. (Travel costs
must be specifically identified in a task order in order to qualify as allowable and
allocable.) The fully burdened labor rates shall include all fee and profit as well.
All rates shall be for the Washington, D.C. metropolitan area with performance occurring at the
government’s facility.
FULLY LOADED LABOR RATES:
2-004 Senior Product Usage Consultant $_________
2-005 Senior Manager $_________
2-006 Senior Product Implementer $_________
2-007 Senior Portfolio Management Office Operations $_________
2-008 Portfolio Management Office Operator $_________
2-009 Senior Data Exchange/Customer Reports Programmer: $_________
2-010 Senior Trainer $_________
ADMINISTRATIVE HANDLING RATE for this period: __________%
When specified per individual task order, the contractor may be
required to perform services that require travel (other than local
travel). Such travel and hardware/software expenses shall be
considered Other Direct Costs (ODC) for the purposes of this
9
DTFAWA-08-R-00003
contract. Section B includes a separate and unique
“Administrative Handling Rate” for each contract period (base
contract and each individual option year). The purpose of the
“Administrative Handing Rate” is to allow the contractor to
recoup the costs associated with scheduling and managing all
identified travel costs. The “Administrative handling Rate" shall
consist of a single percentage that the contractor may apply
against all travel expenses when invoicing the Government for
reimbursement of this travel. The "Administrative Handling
Rate" shall be specified by percent to the nearest hundredth. The
government will not consider changing the Administrative
Handling Rates during the life of the contract except should the
contractor propose to lower the rates. The Administrative
Handling Rate shall be the same whether the expense is incurred
at the prime contractor or subcontractor level. No additional
handling rate will be chargeable in such situations where a
subcontractor incurs the travel expense (e.g., application of a
handling rate on top of a handling rate against a travel expense is
not allowable). This Administrative Handling Rate applies only to
authorized travel expenses; it does NOT apply to the fixed price
software license CLINs included in this contract.
10
DTFAWA-08-R-00003
THIRD OPTION PERIOD (an additional 12 months thereafter)
The CLIN numbers, CLIN prices and CLIN descriptions are provided below:
3-001 SERVER SOFTWARE license (if not included in the Client $_________
License) for the Online Editable Repository of Business Case
Data software as described in the Specification. The fixed price
for this CLIN does NOT include software maintenance. The
fixed price for this CLIN includes the following list of COTS
software products as per the contractor’s proposal:
____________________
____________________
_____________________
3-002 CLIENT SOFTWARE license (if not included in the Server $___________
License) for the Editable Repository of Business Case Data
Software as described in the Specification. The fixed price for
this CLIN does NOT include software maintenance. The fixed
price for this CLIN includes the following list of COTS products
as per the contractor’s proposal:
____________________
____________________
_____________________
3-003 SOFTWARE MAINTENANCE: _________%
The contractor shall deliver software maintenance as defined per the specification
included in this contract. With respect to the price for this software maintenance, for all
of the software licenses that the FAA may purchase under this contract, the contractor
agrees that the prices of software maintenance for each 12-month period of maintenance
shall be determined as a percentage of the purchase price of the licenses. At the time of
contract award, the actual number of licenses that may be purchased is/was unknown.
The contractor agrees to sell 12 months of software maintenance (as defined in the
specification) for ______% of the actual software license purchase price as reflected in
the software license CLINs in this contract. The parties agree that this stated percentage
will be applicable regardless of the number of software licenses purchased and regardless
of which CLINs, as specified in this contract, that the government invokes for purposes
of purchasing software licenses under this contract. At the government’s discretion, less
than 12 months of software maintenance may be ordered (in increments as small as one
month of software maintenance). The price for one month shall be determined as 1/12 of
the price of a full year of software maintenance; and the price for two months of software
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DTFAWA-08-R-00003
maintenance will be determined as 2/12 of the price of a full year of software
maintenance. etc. (a purely mathematical calculation).
RELATED SUPPORT SERVICES
The Labor Categories and labor rates identified below are provided for use in the
task orders issued under this contract. The government has the right to place
orders for support services that are related to the software that may be purchased
hereunder. The period of performance for work ordered hereunder may extend
through five years from date of contract award. Section F.4 describes the order
issuance process.
The labor rates are fully burdened “sell” rates. These rates shall be used on all task
orders issued under this contract vehicle, no other labor rates will be recognized unless
lower rates are offered or unless the parties negotiate additional labor categories and
rates. Other than authorized travel costs, the government will not recognize any
additional costs which are not made a part of the fully burdened labor rates. (Travel costs
must be specifically identified in a task order in order to qualify as allowable and
allocable.) The fully burdened labor rates shall include all fee and profit as well.
All rates shall be for the Washington, D.C. metropolitan area with performance occurring at the
government’s facility.
FULLY LOADED LABOR RATES:
3-004 Senior Product Usage Consultant $_________
3-005 Senior Manager $_________
3-006 Senior Product Implementer $_________
3-007 Senior Portfolio Management Office Operations $_________
3-008 Portfolio Management Office Operator $_________
3-009 Senior Data Exchange/Customer Reports Programmer: $_________
3-010 Senior Trainer $_________
ADMINISTRATIVE HANDLING RATE for this period: __________%
When specified per individual task order, the contractor may be
required to perform services that require travel (other than local
travel). Such travel and hardware/software expenses shall be
considered Other Direct Costs (ODC) for the purposes of this
12
DTFAWA-08-R-00003
contract. Section B includes a separate and unique
“Administrative Handling Rate” for each contract period (base
contract and each individual option year). The purpose of the
“Administrative Handing Rate” is to allow the contractor to
recoup the costs associated with scheduling and managing all
identified travel costs. The “Administrative handling Rate" shall
consist of a single percentage that the contractor may apply
against all travel expenses when invoicing the Government for
reimbursement of this travel. The "Administrative Handling
Rate" shall be specified by percent to the nearest hundredth. The
government will not consider changing the Administrative
Handling Rates during the life of the contract except should the
contractor propose to lower the rates. The Administrative
Handling Rate shall be the same whether the expense is incurred
at the prime contractor or subcontractor level. No additional
handling rate will be chargeable in such situations where a
subcontractor incurs the travel expense (e.g., application of a
handling rate on top of a handling rate against a travel expense is
not allowable). This Administrative Handling Rate applies only to
authorized travel expenses; it does NOT apply to the fixed price
software license CLINs included in this contract.
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FOURTH OPTION PERIOD (an additional 12 months thereafter)
The CLIN numbers, CLIN prices and CLIN descriptions are provided below:
4-001 SERVER SOFTWARE license (if not included in the Client $_________
License) for the Online Editable Repository of Business Case
Data software as described in the Specification. The fixed price
for this CLIN does NOT include software maintenance. The
fixed price for this CLIN includes the following list of COTS
software products as per the contractor’s proposal:
____________________
____________________
_____________________
4-002 CLIENT SOFTWARE license (if not included in the Server $___________
License) for the Editable Repository of Business Case Data
Software as described in the Specification. The fixed price for
this CLIN does NOT include software maintenance. The fixed
price for this CLIN includes the following list of COTS products
as per the contractor’s proposal:
____________________
____________________
_____________________
4-003 SOFTWARE MAINTENANCE: _________%
The contractor shall deliver software maintenance as defined per the specification
included in this contract. With respect to the price for this software maintenance, for all
of the software licenses that the FAA may purchase under this contract, the contractor
agrees that the prices of software maintenance for each 12-month period of maintenance
shall be determined as a percentage of the purchase price of the licenses. At the time of
contract award, the actual number of licenses that may be purchased is/was unknown.
The contractor agrees to sell 12 months of software maintenance (as defined in the
specification) for ______% of the actual software license purchase price as reflected in
the software license CLINs in this contract. The parties agree that this stated percentage
will be applicable regardless of the number of software licenses purchased and regardless
of which CLINs, as specified in this contract, that the government invokes for purposes
of purchasing software licenses under this contract. At the government’s discretion, less
than 12 months of software maintenance may be ordered (in increments as small as one
month of software maintenance). The price for one month shall be determined as 1/12 of
the price of a full year of software maintenance; and the price for two months of software
14
DTFAWA-08-R-00003
maintenance will be determined as 2/12 of the price of a full year of software
maintenance. etc. (a purely mathematical calculation).
RELATED SUPPORT SERVICES
The Labor Categories and labor rates identified below are provided for use in the
task orders issued under this contract. The government has the right to place
orders for support services that are related to the software that may be purchased
hereunder. The period of performance for work ordered hereunder may extend
through five years from date of contract award. Section F.4 describes the order
issuance process.
The labor rates are fully burdened “sell” rates. These rates shall be used on all task
orders issued under this contract vehicle, no other labor rates will be recognized unless
lower rates are offered or unless the parties negotiate additional labor categories and
rates. Other than authorized travel costs, the government will not recognize any
additional costs which are not made a part of the fully burdened labor rates. (Travel costs
must be specifically identified in a task order in order to qualify as allowable and
allocable.) The fully burdened labor rates shall include all fee and profit as well.
All rates shall be for the Washington, D.C. metropolitan area with performance occurring at the
government’s facility.
FULLY LOADED LABOR RATES:
4-004 Senior Product Usage Consultant $_________
4-005 Senior Manager $_________
4-006 Senior Product Implementer $_________
4-007 Senior Portfolio Management Office Operations $_________
4-008 Portfolio Management Office Operator $_________
4-009 Senior Data Exchange/Customer Reports Programmer: $_________
4-010 Senior Trainer $_______
ADMINISTRATIVE HANDLING RATE for this period: __________%
When specified per individual task order, the contractor may be
required to perform services that require travel (other than local
travel). Such travel and hardware/software expenses shall be
considered Other Direct Costs (ODC) for the purposes of this
15
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contract. Section B includes a separate and unique
“Administrative Handling Rate” for each contract period (base
contract and each individual option year). The purpose of the
“Administrative Handing Rate” is to allow the contractor to
recoup the costs associated with scheduling and managing all
identified travel costs. The “Administrative handling Rate" shall
consist of a single percentage that the contractor may apply
against all travel expenses when invoicing the Government for
reimbursement of this travel. The "Administrative Handling
Rate" shall be specified by percent to the nearest hundredth. The
government will not consider changing the Administrative
Handling Rates during the life of the contract except should the
contractor propose to lower the rates. The Administrative
Handling Rate shall be the same whether the expense is incurred
at the prime contractor or subcontractor level. No additional
handling rate will be chargeable in such situations where a
subcontractor incurs the travel expense (e.g., application of a
handling rate on top of a handling rate against a travel expense is
not allowable). This Administrative Handling Rate applies only to
authorized travel expenses; it does NOT apply to the fixed price
software license CLINs included in this contract.
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SECTION C
Commercial Product Specifications
INVESTMENT MANAGEMENT TOOL
Background:
Sponsorship
The FAA CIO’s Office (AIO) has directed the Air Traffic Organization’s, Acquisition
and Business Services (ATO-A) to procure a commercial-off-the-shelf (COTS) product
that may eventually replace the existing DOT Electronic Capital Planning & Investment
Control (eCPIC) repository product and also enable addition of customizable data
exchanges and workflows that are standards-based. This contract includes adequate scope
to allow for deployment of the COTS product(s) throughout the Department of Transportation.
Repository Requirements
This type of electronic record repository stores Federal Agency data about Information
Technology programs and automates agency delivery of data required by the Office of
Management and Budget (OMB). This includes, but is not limited to, the draft and final
Information Technology Budget Requests, Passback, and Quarterly Earned Value
Management (EVM) Reports.
Information Technology Budget Requests & Passback
Each year, OMB Circular A-11 defines agency requirements for submitting their budget
requests. Section 53 defines information required for all Information Technology
programs (major and non-major). Section 300 defines significantly more information
required for only “major” information technology programs. Sections 53 and 300 OMB
drafts contain new information delivery requirements in various versions culminating in a
final version from February to July. Intermediate versions need not be implemented by
the software, but the first and final versions of OMB’s A-11 Sections 53 and 300 changes
must be issued in a software update within 30 days of release by OMB. Record format
and submission schedules and requirements must be implemented by agency repositories
to collect and transmit OMB’s required information on the due dates which may include a
draft in early Summer (using OMB’s first draft of the requirements) and the final on
approximately September 1st each year (using OMB’s final requirements). These
submissions are revised in response to Passback questions in December.
Quarterly EVM Reports
For major programs, quarterly EVM reporting is required.
Annual COTS Revisions
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The more well-known Internal Revenue Service tax forms may be revised each year,
causing commercial tax products to also change. In the same way, OMB’s A-11
requirements change over time. Repositories that automate the OMB information
delivery must respond to those changes to function. The repository record templates
require revision to reflect OMB’s annual changes. For information that OMB requests
electronically, they have defined methods of delivery that the repository products must
automate. Electronic OMB delivery is currently Extensible Markup Language (XML)
based.
Purpose: This document provides the specifications for use in procuring a replacement
for the eCPIC repository that will continue existing functionality as specified, while
enabling new data exchanges to support the collection and reporting of program
information.
Description: AIO market research has identified several manufacturers that offer
repository products that are modified as necessary to support OMB’s electronic delivery
requirements. These may consist of a multi-user repository server component which
presents views of the various OMB record formats to the information technology
program users, often viewed using browser software. The server also performs the OMB
electronic delivery as specified by a system administrator type of user. To facilitate the
collection and reporting of program information, the servers may import or export data
records, primarily via XML transactions. These XML data transfers are standards based,
but must often be custom designed and programmed to enable two repositories to
exchange data.
This procurement pairs two software CLINs which will provide the specified
functionality, the Server CLIN and the Client CLIN. To support these are several
software maintenance and technical services CLINs.
Scope:
The proposed software is for use by employees and contractors of the U. S. Department
of Transportation. Orders may be placed under this contract to satisfy requirements of
any Operating Administration with the Department of Transportation. Unless the FAA
Contracting Officer authorizes such in writing, other Operating Administrations do not
have the authority to place orders. All orders to the contractor will be issued by the FAA
Contracting Officer.
License Parameters:
Unless specified otherwise in this contract, the standard commercial guarantee/warranty
as stated in the manufacturer’s commercial price list will apply to this contract.
The proposed software shall remain titled to the manufacturer.
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The proposed client software licenses shall be for perpetual license for named users
transferable to any name in any organization and at any location within the Department of
Transportation for access to servers licensed to the Department of Transportation.
The proposed server software licenses shall be by server for perpetual license for one
production operational server as follows:
1. One operational production server software license may be used on or transferred
to any Department of Transportation server;
2. One operational production server software license may additionally be installed
on a non-production server for development or test purposes.
3. One operational production server software licensed may be additionally installed
on backup or remote continuity of operations servers to test, prepare for, and if
desired temporarily swap production status with the production server. Installation
of software for this purpose is only for anticipated needs to temporarily swap
production status in an unusual situation and does not allow for a single license to
be in operational status on more than one server at a time.
Commerciality Rationale: As “data interchange and reporting for IT initiative business
case oversight, development and approval and electronic OMB reporting" is an evolving
product market, manufacturers must provide evidence they sold the product to multiple
Federal Agencies for use for the advertised function of business case delivery to OMB
with the annual OMB format changes, and do not simply have a desire to enter the
market or move from a single customer or initiative into multiple customer or initiative
support. This includes the ability to provide timely modifications during the annual
template change cycle for multiple initiatives within an agency and also concurrent
support for multiple agencies who all must meet the same due dates at OMB.
Commerciality Requirement: The proposed software shall be commercially available.
Offerors must have more than a single-customer product demonstrated by providing
points of contact at United States Federal Agencies who have used the product for “data
interchange and reporting for IT initiative business case oversight, development and
approval and electronic OMB reporting" for:
1. Two agencies;
2. two major and 5 non-major initiatives at each agency;
Software Maintenance:
The contractor must provide software maintenance for the server and client software
CLINs. Software maintenance provides all commercially available updates, upgrades
and software maintenance options for the COTS software products included in the server
and client software CLINs. The updates/upgrades must be provided to the FAA within
30 days of the date that such are first commercially available.
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Purchased software maintenance includes engineering support for when customer
technicians cannot resolve problems encountered with the COTS software products
provided by this contract. Such services may be provided via a contractor-specified “800
number/Technical Support Hotline” that is accessible during normal business working
hours. Services provided must include resolving reported software problems and defects
and providing software maintenance updates to be implemented on the customer’s
schedule (e.g., service packs, versions, patches, fixes, etc.).
If a product’s support is ceasing, the manufacturer will provide 12 months notice before
discontinuing support and prorate payment for partial year support. The contract may be
modified to include replacement software for the remainder of the contract (i.e.,
technology refreshment), or the customer may opt to continue using the unsupported
software for the duration of the contract or longer under the perpetual license.
Repository CLINs:
Describe each software product with an identification of the separately commercially
priced modules included.
Server CLIN Requirement: Software under this contract CLIN includes all items
required to provide the core repository functions as follows:
1. Server Hosting Environment: Shall operate on two government furnished Intranet
Servers with:
a. Windows Server 2003 R2 32-BIT X86 Enterprise editions on one Dual
3.6GHz CPU, 8GB RAM, Microsoft IIS 6, and dotNet Framework 1.1; and
b. Windows Server 2003 R2 32-BIT X86 Enterprise edition on one Dual 3.6
GHz CPU, 4GB RAM, SQL Server 2005; and
c. Server CLIN licenses must allow for multiple CPUs as allowed by the
current Windows “enterprise” or similarly licensed Microsoft operating
system. For the current Windows Server 2003 R2 32-BIT X86 this allows for
expansion for up to eight CPU chip server hardware platforms.
2. User Management: Administrator’s are capable of restricting user to read only or
edit access to single initiatives or to initiatives in a portfolio.
3. Data Interchange: Capability to exchange Open Standard Compliant XML format
data in and out and perform XML validation checks on record sets in advance of
transfer.
4. Data Interchange: Capability to electronically obtain records from the existing
Department of Transportation repository implemented with the The Electronic
Capital Planning and Investment Control (eCPIC) System, a web-based,
government application in administrator defined batches.
5. Data Backup: Capability to backup data to media and restore data from backup
media.
6. Document Load: Capability to upload and download Microsoft Office documents
and discover them as links or attachments in the usual viewing of Initiative
records, portfolios, or fields and Investment Board Decisions.
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7. IT Business Case Oversight: Produce Reports of initiative or portfolio total
dollars by multiple sub-totals or selections of Planning, DME, SS, FTE, Funding
source, and Budget year ranges for view, print, or downloading for outside
editing. Any field may be designated for report selection or subtotaling use
including local fields added to the repository under Server Requirement # 10.
8. Electronic OMB Reporting: Required A-11 IT Budget Reporting of
Administrator-Selected Records. This includes the draft and final Information
Technology Budget Requests, Passback, and Quarterly Earned Value
Management (EVM) Reports. Each year, OMB Circular A-11 defines agency
requirements for submitting their budget requests. Section 53 defines information
required for all Information Technology programs (major and non-major).
Section 300 defines significantly more information required for only “major”
information technology programs. Sections 53 and 300 drafts contain new
information delivery requirements in various versions culminating in a final
version from February to July. Intermediate versions need not be implemented by
the software, but the first and final versions of OMB’s A-11 Sections 53 and 300
changes must be issued in a software update within 30 days of release by OMB.
Record format and submission schedules and requirements must be implemented
by agency repositories to collect and transmit OMB’s required information on the
due dates which may include a draft in early Summer (using OMB’s first draft of
the requirements) and the final on approximately September 1st each year (using
OMB’s final requirements). These submissions are revised in response to
Passback questions in December.
9. Storage Record Formats: Capability to store and recall versions of all records.
10. Storage Record Formats: Capability to add to any repository record a Local Field
with a pick list of optional answers (i.e., for Strategic Objectives, Local Goals,
Local Initiative Type. )
11. Storage Record Formats: Annually changed OMB A-11 Exhibit 53 record format
data fields
12. Storage Record Formats: Annually changed OMB A-11 Exhibit 300 record
format data fields including:
a. Multiple EVM baselines of cost, schedule, and work packages for
initiatives required to compute OMB EVM computations.
b. Multiple actual intervals of EVM cost, schedule, and work packages for
initiatives required to compute OMB EVM computations.
c. Multiple instances of OMB required results of EVM computations. These
data fields may optionally be computed by the proposed software or
entered by users.
13. EVM: Provide automated method to compute values and populate the OMB
required EVM calculation fields from the baseline and actual values also stored in
the repository.
14. Record View Formats: Able to view records by any record storage format.
15. Record View Formats: Able to create new record view formats using any fields in
the repository.
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Client CLIN Requirement: Clients provide access to all server data entry, reporting,
administration, and other information views as well as user authorization screens.
1. Client: Client access to the server shall be within the Microsoft Internet Explorer
browser and shall provide access to all server generated screens for users and
administrators.
2. Client Hosting Environment: Shall operate on Internet Explorer version 6 clients
with Sun Java Runtime Environment version 1.6.0_01.
3. Cut and Paste: Proposed products shall provide Windows XP or 2000 cut and
paste capability both into and out of the repository.
4. Section 508 of the Rehabilitation Act of 1973 requires that “Web based
Intranet and Internet Information and Applications” must comply with the
following accessibility standards (36CFR1194.22):
(a) A text equivalent for every non-text element shall be provided (e. g. ,
via"alt", "longdesc", or in element content).
(b) Equivalent alternatives for any multimedia presentation shall be
synchronized with the presentation.
(c) Web pages shall be designed so that all information conveyed with
color is also available without color, for example from context or markup.
(d) Documents shall be organized so they are readable without requiring
an associated style sheet.
(e) Redundant text links shall be provided for each active region of a
server-side image map.
(f) Client-side image maps shall be provided instead of server-side image
maps except where the regions cannot be defined with an available
geometric shape.
(g) Row and column headers shall be identified for data tables.
(h) Markup shall be used to associate data cells and header cells for data
tables that have two or more logical levels of row or column headers.
(i) Frames shall be titled with text that facilitates frame identification and
navigation.
(j) Pages shall be designed to avoid causing the screen to flicker with a
frequency greater than 2 Hz and lower than 55 Hz.
(k) A text-only page, with equivalent information or functionality, shall be
provided to make a web site comply with the provisions of this part, when
compliance cannot be accomplished in any other way. The content of the
text-only page shall be updated whenever the primary page changes.
(l) When pages utilize scripting languages to display content, or to create
interface elements, the information provided by the script shall be
identified with functional text that can be read by assistive technology.
(m) When a web page requires that an applet, plug-in or other application
be present on the client system to interpret page content, the page must
provide a link to a plug-in or applet that complies with §1194. 21(a)
through (l).
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(n) When electronic forms are designed to be completed on-line, the form
shall allow people using assistive technology to access the information,
field elements, and functionality required for completion and submission
of the form, including all directions and cues.
(o) A method shall be provided that permits users to skip repetitive
navigation links.
(p) When a timed response is required, the user shall be alerted and given
sufficient time to indicate more time is required.
Delivery Schedule:
Software: Software shall be provided within 30 days of contract award. The contract
shall deliver products that provide the features described in the above standards or
equivalent salient characteristics.
Maintenance: Maintenance shall be provided within 30 days of contract award.
Documentation: All software proposed shall include an electronic copy of the system
administration and user guide, the system administration and user reference, and system
administrator and user training materials within 30 days of contract award. The
contractor shall provide product support documentation in formats to accommodate end
users with disabilities.
Technical Services: Technical Services shall be provided within 30 days of task order
award.
Technical Services: As “data interchange and reporting for IT initiative business case
oversight, development and approval and electronic OMB reporting" is an evolving
product market, manufacturers must provide technical service CLINs as specified at
Section H of this contract to allow for ordering services to support initial implementation,
usage and workflow best practice exploration, data interchange design and programming,
and training.
The FAA/DOT shall have the right to issue task orders for the purpose of acquiring
technical services as stated above.
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PART D
PACKAGING AND PACKING
All products delivered under this contract shall be packaged in accordance with best
commercial practices.
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PART E
QUALITY ASSURANCE
All quality requirements applicable to this effort are specified at Section I. The
government reserves the right to specify additional quality requirements in each
individual task order issued hereunder.
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PART I - SECTION F
DELIVERIES OR PERFORMANCE
F.1 Period of Performance
The period of performance of this contract is as set forth below:
BASE PERIOD Date of award through 12 months.
OPTION # 1 an additional 12 months
OPTION # 2 an additional 12 months
OPTION # 3 an additional 12 months
OPTION #4 an additional 12 months
F.2 Guaranteed Minimum Quantity
Due to the Indefinite Quantity aspects of this contract, the government
commits to a guaranteed minimum quantity of $175,000 for this contract.
The parties agree that the potential maximum quantity for this contract is
$7M; the contractor is not bound to accept orders for services under this
contract once the government orders a total of $7M worth of supplies or
services (should that threshold ever be reached). However, the Government
is not bound to order any additional services under this contract beyond the
guaranteed minimum quantity of $175,000.
F.3 Delivery Schedule
Each delivery order issued under this contract will include a delivery
schedule for the required deliverables related to the services ordered for that
task order.
F.4 Task Orders and Their Processing
Work under this Contract will be initiated only by the issuance of
fully executed Task Orders (including the ordering of the FFP
software CLINs). The Task Order will be signed, dated, and issued
by the Contracting Officer. Each Task Order will reference the
Contract, contain a Task Order number, and provide a description of
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the services to be performed (and/or cite the FFP software CLINs
ordered). Task Orders will be issued in writing by the Contracting
Officer to the Contractor designating (1) the tasks to be performed; (2)
the FFP software CLINs ordered; (3) the schedule of delivery and/or
performance; (4) authorized travel and Other Direct Costs (ODC’s);
(5) identification of funding (including definition of the not-to-exceed
funding ceiling for the task order and accounting/ appropriation data;
and (6) identification of any Government-furnished property. The
contractor shall not be reimbursed for ODC’s and travel unless the
task order specifically authorizes such expenditures.
The Contracting Officer is the only individual authorized to issue
Task Orders.
The government reserves the right to issue task orders under this
contract on a T&M/Labor Hours basis and on a FFP basis iaw the
pricing and CLIN structure of this contract (reference Section B).
(End of clause)
AMS Clauses included in full Text in Section F:
3.2.4-16 Ordering (October 1996)
(a) Any supplies and services to be furnished under this contract shall be ordered by
issuance of delivery orders or task orders by the individuals or activities designated in the
contract. Such orders may be issued from Contract signature through Contract expiration.
(b) All task orders are subject to the terms and conditions of this contract. In the event of
conflict between a task order and this contract, the contract shall control.
(c) Orders may be issued orally, by facsimile, or by electronic commerce methods only if
authorized in the contract. If mailed, a task order is considered "issued" when the
Government deposits the order in the mail.
(End of clause)
3.2.4-20 Indefinite Quantity (July 1996)
(a) This is an indefinite-quantity contract for the supplies or services specified, and
effective for the period stated, in the Schedule. The quantities of supplies and services
specified in the contract are estimates only and are not purchased by this contract.
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(b) Delivery or performance shall be made only as authorized by orders issued in
accordance with the "Ordering" clause. The Contractor shall furnish to the Government,
when and if ordered, the supplies or services specified in Section “B” up to and including
the quantity designated in this contract as the maximum. The Government shall order at
least the quantity of services designated in the Schedule as the minimum.
(c) Except for any limitations on quantities in the "Order Limitations" clause or in the
Schedule, there is no limit on the number of orders that may be issued. The Government
may issue orders requiring delivery to multiple destinations or performance at multiple
locations.
(d) Any order issued during the effective period of this contract and not completed
within that period shall be completed by the Contractor within the time specified in the
order. The contract shall govern the Contractor's and Government's rights and
obligations with respect to that order to the same extent as if the order were completed
during the contract's effective period; provided, that the Contractor shall not be required
to make any deliveries under this contract after (see AMS Clause 3.2.4-35 in Section I of
this contract).
(End of clause)
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SECTION G: CONTRACT ADMINISTRATION
G.1 GOVERNMENT CONTACTS FOR CONTRACT
ADMINISTRATION
The Contractor will use the following Government contacts and addresses for all
matters regarding this Contract:
(1) Primary FAA Contracting Officer:
Jim McNulty (202) 267-3626
Federal Aviation Administration
Contracts Division - Room 406
800 Independence Avenue, SW.
Washington, DC. 20591
(2) FAA Contracting Officer's Technical Representative:
TO BE SPECIFIED IN EACH TASK ORDER
Federal Aviation Administration
Office of Information Technology
800 Independence Avenue, SW.
Washington, DC. 20591
G.2 INTERPRETATION OR MODIFICATION
No verbal statement by any person, or written statement by anyone other than the
Contracting Officer, or his/her authorized representative acting within the scope
of his/her authority, shall be interpreted as modifying or otherwise affecting the
terms of this solicitation or any resulting Contract. All requests for interpretation
or modification shall be made in writing to the Contracting Officer.
(End of Clause)
G.3 CORRESPONDENCE PROCEDURES
To promote timely and effective administration, correspondence submitted under
this contract shall be subject to the following procedures:
1. All Correspondence shall contain a subject line commencing with
the contract number and including a topic.
2. All correspondence shall be addressed to the contracting officer
with an information copy of the correspondence sent to the
designated Contracting Officer's Technical Representative
(COTR), and the applicable TOR (per each task order).
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3. Address all correspondence in accordance with Section G.1 above.
(End of Clause)
G.4 PAYMENT ADDRESS
The FAA Headquarters "Designated Billing Office" and "Designated Payment
Office", as defined at FAAAMS 3.3.12.3, and as used in FAAAMS clause
3.3.1-17, are the Accounts Payable Branch, AMZ-110 (addresses as listed below).
U.S. MAIL
FAA Accounts Payable Branch, AMZ-110
PO Box 25710
Oklahoma City, OK 73125
FEDEX
FAA Accounts Payable Branch, AMZ-110
6500 S MacArthur Blvd.
Oklahoma City, OK 73169
In addition, please send one copy of the invoice to the Contracting Officer’s Technical
Representative and one copy of the invoice to the Contracting Officer for review. The
address to send the additional copies is listed in your contract with the FAA National
Headquarters.
(End of Clause)
G.5 INVOICING REQUIREMENTS
1. The Contractor may submit monthly invoices properly executed (original and
three (3) copies), to the Federal Aviation Administration, Accounts Payable
Branch as shown above.
2. In addition to the requirements specified in FAAMS clause 3.3.1-17, Prompt
Payment, the following data must be included on the invoice:
(a) The applicable task order number under which the work was
performed.
(b) The cognizant Contracting Officer’s name and routing symbol.
Invoices that fail to cite the name of the Contracting Officer
responsible for administering the task order under which the invoice is
submitted will be considered unacceptable and will be rejected.
(c) Labor listed by person, category, hours, rates, and amounts.
(d) List of direct supplies, materials, test equipment, special
equipment, if any, with quantity and cost of each item.
(e) Travel to include a breakdown of all actual travel and per diem
expenses. All invoiced travel costs shall be substantiated by
submission of supporting documentation.
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(f) Current amount invoiced and the cumulative value of all invoices to
date (per task order).
(g) Amount of funds remaining on the task order shall be included with
each invoice.
3. The following additional data must be submitted with the final invoice for
each separate task order:
(a) Contractor's assignment of refund rebates and credits.
(b) Contractor's release.
(c) Report of inventions and subcontracts.
(d) Final Invoice must be identified as “Final Invoice”
4. Failure to provide the required information shall be cause for rejection of the
invoice.
(End of Clause)
G.6 HOURS OF WORK
For informational purposes, the FAA observes a five day (5) work week. The
normal FAA hours of operation are 7:30 A.M. to 5:00 P.M. The normal work day
is 8 hours, plus 1/2 hour for lunch. The Contractor shall observe and schedule
work hours of personnel as required in task orders or as otherwise identified in
writing by the Government’s contracting officer.
(End of Clause)
G.7 HOLIDAY AND GOVERNMENT AUTHORIZED LEAVE
(1) For informational purposes, the Government observes only the holidays listed
below:
New Year's Day Labor Day
Martin Luther King, Jr.'s Birthday Columbus Day
Inauguration Day Veterans Day
Presidents Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day
Any other day designated by Federal statute.
Any other day designated by Executive Order.
Any other day designated by Presidential proclamation.
The Government will not pay for any holiday unless actual work on such holidays
has been authorized in writing by the task order or the Contracting Officer. When
so approved, the work must actually be performed on the holiday, and no
overtime/premium rate is applicable.
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(2) When the Federal Government grants excused absence to its employees,
assigned Contractor personnel may also be dismissed at the discretion of the
Contracting Officer. However, the contractor will not be reimbursed for the hours
of excused absence. The government will reimburse the contractor only for the
actual hours worked by their contractor or subcontractor employees.
(End of Clause)
G.8 WORK AT RISK IS PROHIBITED
The contractor shall not work any individual, team member or subcontractor at risk. The
contractor shall immediately notify the Contracting Officer of any and all changes to
established teaming arrangements and subcontracting under this contract or its task orders
which causes or could be expected to cause a working at risk situation.
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SECTION H
SPECIAL CONTRACT REQUIREMENTS
H.1 ORGANIZATIONAL CONFLICT OF INTEREST
(a) The Contractor warrants that, to the best of its knowledge and belief, there are no
relevant facts or circumstances which could give rise to an organizational conflict of
interest (OCI), as defined in FAA AMS clause 3.1.7-2, Organizational Conflict of
Interest, or that the Contractor has disclosed all such relevant information.
(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the
Contractor shall make a full disclosure in writing to the Contracting Office within 5
business days of discovery. This disclosure shall include a description of actions which
the Contractor has taken or proposes to take, after consultation with the Contracting
Officer, to avoid, mitigate, or neutralize the actual or potential conflict.
(c) The Contracting Officer may terminate this contract for convenience, in whole or in
part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware
of a potential OCI prior to award or discovered an actual or potential conflict after award
and did not disclose or misrepresented relevant information to the Contracting Officer,
the Government may terminate the contract for default and/or pursue such other remedies
as may be permitted by law or this contract.
(d) The Contractor further agrees to insert provisions which shall conform
substantially to the language of this clause, including this paragraph (d), in any
subcontract or consultant agreement hereunder.
(End of clause)
* * *
H.2 ACCESS TO GOVERNMENT PROPERTY AND FACILITIES
(1) As part of this effort, the Contractor shall be working and attending meetings
at Government facilities and field facilities. Therefore, to the extent specified per
and pursuant to the procedures specified per FAA AMS clause 3.14-2, Contractor
Personnel Suitability Requirements, the Contractor “may” be granted ingress and
egress to the facilities at all times during normal working hours to obtain
information necessary for performance of the contract. Ingress and egress will be
granted per the procedures specified per FAA AMS clause 3.14-2 Contractor
Personnel Suitability Requirements.
(2) While Contractor personnel are at the Government site, they are required to
comply with all rules and regulations in effect at that site. Contractor personnel
shall comply with rules and regulations governing employee conduct with respect
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to health and safety, not only as they relate to themselves, but also to other
Government employees or agents of the Government. The Contractor shall also
exercise proper care of all property at the Government site regardless of whether
title to such rests with the Government or not.
(3) The facilities to which Contractor personnel shall have access will remain in
the Government's custody and shall not be considered as property or facilities
furnished to the Contractor.
(End of Clause)
* * *
H.3 CONFIDENTIALITY OF DATA AND INFORMATION
The Contractor and any of its subcontractors in performance of this contract, may
have need for access to and use of various types of data and information in the
possession of the Government which the Government obtained under conditions
which restrict the Government's right to use and disclose the data and information,
or which may be of a nature that its dissemination or use other than in the
performance of this contract, would be adverse to the interests of the Government
or other parties. Therefore, the Contractor and its subcontractors agree to abide
by any restrictive use conditions on such data and not to:
(1) Knowingly disclose such data and information to others without
written authorization from the Contacting Officer, unless the
Government has made the data and information available to the
public; and
(2) Use for any purpose other than the performance of this contract
that data which bears a restrictive marking or legend.
(a) In the event that the work required to be performed under this
contract requires access to proprietary data of other companies, the
Contractor shall obtain agreement from such other companies for such
use unless such data is provided or made available to the Contractor by
the Government. Two copies of such company-to-company
agreements shall be furnished promptly to the Contracting Officer for
information only. These agreements shall prescribe the scope of
authorized use of disclosure, and other terms and conditions to be
agreed upon between the parties thereto. It is agreed by the Contractor
that any such data, whether obtained by the Contractor pursuant to the
aforesaid agreement or from the Government, shall be protected from
unauthorized use or disclosure to any individual, corporation, or
organization so long as it remains proprietary.
(b) Through formal training in company policy and procedures, the
Contractor agrees to make employees aware of the requirement to
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maintain confidentiality of data and information, as required
above, to the end that they will be disciplined in the necessity to
refrain from divulging either the proprietary data of other
companies or data that is obtained from the Government to anyone
except as authorized. The Contractor shall obtain from each
employee, engaged in any effort connected with this contract, an
agreement, in writing, which shall in substance provide that such
employee will not, during his/her employment by the Contractor,
or thereafter disclose to others or use for his/her own benefit or the
future benefit of any individual any trade secrets, confidential
information, or proprietary/restricted data (to include Government
"For Official Use Only") received in connection with the work
under this contract.
(c) The Contractor agrees to hold the Government harmless and
indemnify the Government as to any cost/loss resulting from the
unauthorized use or disclosure of third party data or software by
the Contractor, its employees, subcontractors, or agents.
(End of Clause)
* * *
H.4 RESTRICTIONS ON DISCLOSURE OF INFORMATION
Except as authorized in writing by the Contracting Officer, the Contractor shall not
disclose, orally or in writing, any:
1. Proprietary Information (that is, technical information, such as trade secrets,
which is proprietary to any person or firm); or
2. Privacy Information (that is, information protected under the provisions of the
Privacy Act of 1974); or
3. Privileged Information (that is, financial or commercial information concerning
another person or firm which is privileged or personally confidential); or
4. Government Information (that is, information or data stored, processed, or
handled in providing services under this Contract or which may come into the possession
of the Contractor in providing services under this Contract).
The Contractor shall not use or access any information described above for any purpose
other than to perform this Contract in accordance with its terms.
The Contractor shall obtain from each of its employees a written agreement to protect all
such information described in paragraph A above against accidental or intentional
disclosure. All such agreements shall be subject to the approval of the Contracting
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Officer. In addition, the Contractor shall require its employees, through appropriate
training and promulgation of company policies and procedures, to comply with the
provisions of this section.
The restrictions in this section do not apply to any information if and when such
information becomes part of the public domain.
The Contractor shall include, or require the inclusion of, the substance of this Section in
all subcontracts, including lower-tier subcontracts, unless otherwise specified in writing
by the Contracting Officer.
H.5 INSURANCE – WORK ON FAA INSTALLATION (April 1996)
(1). The contractor shall procure and maintain insurance during the entire period
of his performance under this contract, in accordance with FAAMS clause 3.4.1-
10, entitled "Insurance - Work on a Federal Aviation Administration Installation"
(see Section I). The following minimum insurance is required:
(a) Worker's Compensation and Employers' Liability Insurance as
required by applicable Federal and State workers compensation
and occupational disease statutes.
(b) Automobile Liability Insurance: Limits: $200,000 per person for
bodily injury, $500,000 per occurrence for bodily injury $20,000
per occurrence for property damage.
(c) Comprehensive General Liability Insurance: Limits: $500,000 per
occurrence, for bodily injury.
(2). Prior to commencement of work hereunder, the contractor shall furnish to the
Contracting Officer a certificate or written statement of the above required insurance.
The policies evidencing required insurance shall contain an endorsement to the effect that
cancellation or any material change in the policies adversely affecting the interests of the
Government shall not be effective until thirty days after written notice has been given and
approved by the contracting officer.
(End of clause)
* * *
H.6 NON-PERSONAL SERVICES
The Contractor agrees that this is a non-personal service contract. For all the
purposes of the contract the Contractor is not, nor shall it hold itself out to be, an
agent or partner of, or joint venturer with, the Government; and that the
Contractor shall neither supervise, nor accept supervision from, Government
employees.
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No personal services shall be performed under this Contract. No contractor
employee will be directly supervised by the Government. All individual
contractor assignments and work direction (daily or otherwise) shall be given by
the applicable contractor supervisor. If the contractor believes that any
Government action or communication has been given that would create a personal
services relationship between the Government and any contractor employee, the
contractor shall promptly notify the Contracting Officer of this communication or
action.
The contractor shall not perform any inherently governmental functions under this
contract. No contractor employee shall hold him or herself out to be a
Government employee, agent, or representative. No contractor employee shall
state orally or in writing at any time that he or she is acting on behalf of the
Government. In all communications (including meetings participation) with third
parties in connection with this contract, contractor employees shall identify
themselves as contractor employees and specify the name of the company for
which they work. In all communications with other Government contractors in
connection with this contract, the contractor employee shall state that they have
no authority to in anyway change the contract.
Pursuant to AMS 3.8., the CO may waive this provision to the extent that
individual Task Orders may require Personal Services, provided that the required
FAA approvals are obtained prior to the performance of the services.
(End of clause)
H.7 SAFETY AND ACCIDENT PREVENTION
In performing any work under this contract on premises which are under the
direct control of the Government, the Contractor shall (a) conform to all safety
rules and requirements as in effect on the date of the contract; and (b) take such
additional precautions as the Contracting Officer may reasonably require for
safety and accident prevention purposes. The Contractor agrees to take all
reasonable steps and precautions to prevent accidents and preserve the life and
health of Contractor and Government personnel performing or in any way coming
in contact with the performance of the contract on such premises. Any violation
of such rules and requirements, unless promptly corrected as directed by the
Contracting Officer, shall be grounds for termination of this contract.
(End of clause)
H.8 TRAVEL
The contractor may travel outside the Washington Metropolitan area only when
specifically authorized by the task order or the CO. For such instances of authorized
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travel, the contractor will be reimbursed for actual transportation costs incurred and per
diem costs in accordance with the Federal Travel Regulations dated June 20, 1992 as
amended. Reimbursement of authorized use of private auto shall be at the current rate
per mile in lieu of actual costs.
H. 9 LABOR CATEGORY AND LABOR RATES APPLICABILITY
a. Unless authorized in writing by the Contracting Officer, all labor proposed for
and provided under contract task orders shall be in accordance with the contract’s
applicable Labor Rates (Section “B”), Labor Categories included in Section H of the
contract, and Section C, the Statement of Work (SOW).
b. (1) All labor rates found in this contract’s Section “B”, “Supplies/Services
Price/Cost,” are for services to be performed in the Washington DC metropolitan area or
in the Oklahoma City metropolitan area. The contract’s labor rates represent the
maximum that the Government will pay for such labor within these metropolitan areas
during the life of the contract, including options. At the end of the base contract or any
option year, and at any time on an individual task order or a series of task orders, the
contractor may offer lower Labor Rates and/or Administrative Handling Rates than their
Section “B” maximums.
b. (2) The labor rates proposed shall be for the Washington, D.C metropolitan area or
the Oklahoma City, Oklahoma metropolitan area. No other locality rates will be
recognized.
(End of clause)
H.10 LABOR CATEGORY DESCRIPTIONS
Senior Product Usage Consultant: The Senior Product Usage Consultant has expert
knowledge of how the product is used to support best Federal Government practices,
process flows, and functions for investment boards, EVM, ITIL compliance, and
portfolio, program, and project management, risk management, and oversight. The senior
Product Usage Consultant is skilled at using the product to show the unique
characteristics, trends or risks of the customer’s portfolio, program, or project. The
senior Product Usage Consultant has attended or delivered the product’s user and
administrator training. The individual shall hold a bachelor’s degree or higher in
Computer Science, Information Systems, Engineering, or other related discipline. The
individual shall have a minimum of 10 years of technical experience and 3 years of
experience in portfolio management with the proposed products.
Senior Manager: The Senior Manager is experienced at planning, directing, and
controlling tasks performed by other technical services CLINs in this contract to balance
overall Government customer satisfaction by meeting the agreed on customer requests
and time frames with quality services and per Federal Information Technology standards.
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This CLIN is expected to be used most often when complementary local technical
services are not the lead in planning or controlling the effort. Has attended or delivered
the product’s user and administrator training. The individual shall hold a bachelor’s
degree or higher in Computer Science, Information Systems, Engineering, or other
related discipline. The individual shall have a minimum of 10 years of technical
experience and 3 years of experience in portfolio management with the proposed
products.
Senior Product Implementer: The Senior Product Implementer has expert knowledge
of the proposed products such that no other product technical services specialty is
required beyond this proposal to implement all functions while installing the product for
the first time including initial data loading from legacy systems. This also includes
performing major product upgrades that may include data migration to the new version.
Has attended or delivered the product’s user and administrator training. The individual
shall hold a bachelor’s degree or higher in Computer Science, Information Systems,
Engineering, or other related discipline. The individual shall have a minimum of 10
years of technical experience and 3 years of experience in portfolio management with the
proposed products.
Senior Portfolio Management Office Operations: The Senior Portfolio Management
Office Operations Specialist has expert knowledge of the proposed products such that no
other product technical services specialty is required beyond this proposal to perform all
functions required of a large Federal Agency portfolio, program or project management
office that interact with the product. Has attended or delivered the product’s user and
administrator training. The individual shall hold a bachelor’s degree or higher in
Computer Science, Information Systems, Engineering, or other related discipline. The
individual shall have a minimum of 10 years of technical experience and 3 years of
experience in portfolio management with the proposed products.
Portfolio Management Office Operator: The Portfolio Management Office Operator
has knowledge of the operation of the proposed products such that they can
autonomously perform all user or administrator functions appropriate for a large Federal
Agency portfolio, program or project management office with only general direction
from senior technicians. The individual shall hold a bachelor’s degree and have attended
or delivered the product’s user and administrator training.
Senior Data Exchange or Customer Reports Programmer: The Senior Data Exchange
Programmer (or Senior Customer Reports Programmer) has expert knowledge of the
proposed products such that no other product technical services specialty is required
beyond this proposal to design and develop new reports, process work flows, or external
data transfers. Has attended or delivered the product’s user and administrator training.
The individual shall hold a bachelor’s degree or higher in Computer Science,
Information Systems, Engineering, or other related discipline. The individual shall have
a minimum of 10 years of technical experience and 3 years of experience in portfolio
management with the proposed products.
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Senior Trainer: The Senior Trainer has expert knowledge of the proposed products such
that no other product technical services specialty is required beyond this proposal to
conduct all administrator or user training. Has attended or delivered the product’s user
and administrator training. The individual shall hold a bachelor’s degree and have 2
years experience in training use or administration of portfolio management with the
proposed products.
H.11 Delivery and Performance
All work performed under the contract and its task orders shall be at the highest quality
applicable and delivered according to schedule. The contractor shall deliver and perform
according to the requirements of the task order, and may be denied further work for
substandard performance. Where task orders specify segmented, phased, or staged
requirements, deliverables and/or periods of performance, the contractor shall plan and
execute work according to the task order and/or subsequent Contracting Officer direction.
(End of clause)
H.12PAYMENT OF OVERTIME PREMIUMS
This contract does NOT provide for premium overtime. The Government does
not request and will not pay premium rates or overtime under this solicitation. All
labor performed under this contract will be priced per the labor categories and
rates specified in Section B and Section H of this contract.
(End of Clause)
H.13 GUARANTEED COMPENSATION FOR PROFESSIONAL EMPLOYEES
This clause applies to every task order issued under this contract whether it is FFP, Cost
Reimbursable or T&M.
The contractor agrees, in accordance with the intent of FAA AMS Clause 3.6.2-15,
Evaluation of Compensation for Professional Employees (included in Section I of the
contract) that employees filling the below noted labor categories will receive at least the
noted level of compensation (the figures shown below include salary, fringe benefits, and
all payroll taxes):
THE PROPOSED GUARANTEED COMPENSATION RATES GO HERE.
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END OF CLAUSE
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SECTION I CONTRACT CLAUSES
3.1-1 Clauses and Provisions Incorporated by Reference (December 2005)
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:
http://conwrite.faa.gov (on this web page, select "Search and View
Clauses").
3.1.7-1 Exclusion from Future Agency Contracts (August 1997)
3.1.7-2 Organizational Conflict of Interest (August 1997)
3.1.7-6 Disclosure of Certain Employee Relationships (October 2006)
3.1.8-1 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper
Activity (September 2000)
3.1.8-2 Price or Fee Adjustment for Illegal or Improper Activity (September 2000)
3.2.2.3-8 Audit and Records (July 2004)
3.2.2.3-29 Integrity of Unit Prices (July 2004)
3.2.2.3-33 Order of Precedence (July 2004)
3.2.2.3-36 Reversing or Adjusting Plans for Postretirement Benefits Other Than
Pensions (PRB) (July 2004)
3.2.2.3-37 Notification of Ownership Changes (July 2004)
3.2.2.3-39 Requirements for Cost or Pricing Data or Other Information --
Modifications (July 2004)
3.2.2.3-75 Requests for Contract Information (April 2002)
3.2.2.7-6 Protecting the Government’s Interest when Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (April 1996)
3.2.2.7-7 Certification Regarding Debarment, Suspension, Proposed Debarment,
and Other Responsibility Matters (April 1996)
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3.2.4-16 Ordering (October 1996)
3.2.4-20 Indefinite Quantity (July 1996)
3.2.4-34 Option to Extend Services (April 1996)
3.2.5-1 Officials Not to Benefit (April 1996)
3.2.5-3 Gratuities or Gifts (January 1999)
3.2.5-4 Contingent Fees (October 1996)
3.2.5-5 Anti-Kickback Procedures (October 1996)
3.2.5-6 Restrictions on Subcontractor Sales to the FAA (April 1996)
3.2.5-7 Disclosure Regarding Payments to Influence Certain Federal Transactions
(June 1999)
3.2.5-8 Whistleblower Protection for Contractor Employees (April 1996)
3.3.1-5 Payments under Time and Material Contracts (April 2001)
3.3.1-11 Availability of Funds for the Next Fiscal Year (1996)
3.3.1-14 Limitation of Funds (April 1996)
3.3.1-15 Assignment of Claims (April 1996)
3.3.1-17 Prompt Payment (January 2003)
3.3.1-33 Central Contractor Registration (April 2006)
3.3.1-34 Payment by Electronic Funds Transfer/Central Contractor
Registration (October 2005)
3.3.2-1 FAA Cost Principles (October 1996)
3.4.1-10 Insurance--Work on a Government Installation (July 1996)
3.4.1-11 Insurance--Liability to Third Persons (October 1996)
3.4.1-12 Insurance (July 1996)
3.4.2-6 Taxes--Contracts Performed in U.S. Possessions or Puerto Rico
(October 1996)
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3.4.2-8 Federal, State, and Local Taxes--Fixed Price Contract (April 1996)
3.5-1 Authorization and Consent (April 1996)
3.5-2 Notice and Assistance Regarding Patent and Copyright Infringement
(April 1996)
3.5-3 Patent Indemnity (April 1996)
3.5-13 Rights in Data--General (October 1996)
3.6.1-3 Utilization of Small, Small Disadvantaged, Women-Owned, and Service-
Disabled Veteran Owned Small Business Concerns (September 2001)
3.6.2-2 Convict Labor (April 1996)
3.6.2-5 Certification of Nonsegregated Facilities (April 1996)
3.6.2-6 Previous Contracts and Compliance Reports (April 1996)
3.6.2-9 Equal Opportunity (August 1998)
3.6.2-12 Affirmative Action for Special Disabled and Vietnam Era Veterans (January
1998)
3.6.2-13 Affirmative Action for Handicapped Workers (April 2000)
3.6.2-14 Employment Reports on Special Disabled Veterans and Veterans of
Vietnam Era (January 1998)
3.6.2-15 Evaluation of Compensation for Professional Employees (April 1996)
3.6.2-16 Notice to the Government of Labor Disputes (April 1996)
3.6.2-35 Prevention of Sexual Harassment (August 1998)
3.6.3-1 Clean Air and Water Certification (April 2000)
3.6.3-2 Clean Air and Clean Water (April 1996)
3.6.3-11 Toxic Chemical Release Reporting (August 1998)
3.6.3-16 Drug Free Workplace (January 2004)
3.6.4-2 Buy American Act--Supplies (July 1996)
3.6.4-8 Buy American Act--NAFTA Implementation Act--Balance of Payments
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Program (July 1996)
3.6.4-10 Restrictions on Certain Foreign Purchases (April 1996)
3.6.5-1 Utilization of Indian Organizations and Indian Owned Economic Enterprises
(January 1999)
3.8.2-11 Continuity of Services (April 1996)
3.8.2-22 Substitution or Addition of Personnel (October 2006)
3.9.1-1 Contract Disputes (November 2002)
3.9.1-2 Protest After Award (August 1997)
3.10.1-7 Bankruptcy (April 1996)
3.10.1-9 Stop-Work Order (October 1996)
3.10.1-14 Changes--Time and Materials or Labor Hours (April 1996)
3.10.1-22 Contracting Officer’s Technical Representative (July 1996)
3.10.1-25 Novation and Change-Of-Name Agreements (January 2003)
3.10.2-3 Subcontracts (Time-and-Materials and Labor-Hour Contracts)
(April 1996)
3.10.2-5 Competition in Subcontracting (January 1998)
3.10.4-5 Inspection- Time and Material and Labor Hour (April 1996)
3.10.6-3 Termination (Cost-Reimbursement) (October 1996)
3.10.6-3/alt4 Termination (Cost-Reimbursement) Alternate IV (October 1996)
3.10.6-4 Default (Fixed-Price Supply and Service) (October 1996)
3.10.6-7 Excusable Delays (October 1996)
3.11-34 F.O.B. Destination (April 1999)
3.13-5 Seat Belt Use by Contractor Employees (January 1999)
3.14-5 Sensitive Unclassified Information (SUI) (July 2006)
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THE FULL TEXT OF THE FOLLOWING FAA AMS CLAUSES ARE PROVIDED
AND INCLUDED IN THIS CONTRACT:
3.2.4-35 Option to Extend the Term of the Contract (April 1996)
(a) The Government may extend the term of this contract by written notice to the
Contractor prior to contract expiration; provided, that the Government shall give the
Contractor a preliminary written notice of its intent to extend at least 60 days before the
contract expires. The preliminary notice does not commit the Government to an
extension.
(b) If the Government exercises this option, the extended contract shall be considered to
include this option provision.
(c) The total duration of this contract, including the exercise of any options under this
clause, shall not exceed five (5) years and 6 months.
(End of clause)
3.6.2-15 Evaluation of Compensation for Professional Employees (April 1996)
(a) Recompetition of service contracts may in some cases result in lowering the
compensation (salaries and fringe benefits) paid or furnished professional employees.
This lowering can be detrimental in obtaining the quality of professional services needed
for adequate contract performance. It is therefore in the Government's best interest that
professional employees, as defined in 29 CFR 541, be properly and fairly compensated.
As part of their submittals, offerors will provide a total compensation plan setting forth
salaries and fringe benefits proposed for the professional employees who will work under
the contract. The Government will evaluate the plan to assure that it reflects a sound
management approach and understanding of the contract requirements. This evaluation
will include an assessment of the offeror's ability to provide uninterrupted high-quality
work. The professional compensation proposed will be considered in terms of its impact
upon recruiting and retention, its realism, and its consistency with a total plan for
compensation. Supporting information will include data, such as recognized national and
regional compensation surveys and studies of professional, public and private
organizations, used in establishing the total compensation structure.
(b) The compensation levels proposed should reflect a clear understanding of work to be
performed and should indicate the capability of the proposed compensation structure to
obtain and keep suitably qualified personnel to meet mission objectives. The salary rates
or ranges must take into account differences in skills, the complexity of various
disciplines, and professional job difficulty. Additionally, submittals envisioning
compensation levels lower than those of predecessor contractors for the same work will
be evaluated on the basis of maintaining program continuity, uninterrupted high-quality
work, and availability of required competent professional service employees. Offerors are
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cautioned that lowered compensation for essentially the same professional work may
indicate lack of sound management judgment and lack of understanding of the
requirement.
(c) The Government is concerned with the quality and stability of the work force to be
employed on this contract. Professional compensation that is unrealistically low or not in
reasonable relationship to the various job categories, since it may impair the Contractor's
ability to attract and retain competent professional service employees, may be viewed as
evidence of failure to comprehend the complexity of the contract requirements.
(d) Failure to comply with these provisions may constitute sufficient cause to justify
rejection of a submittal.
(End of provision)
3.8.2-22 Substitution or Addition of Personnel (October 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 [CO to insert information] days of contract performance, the Contractor
must not substitute personnel for the individuals whose resumes or other personal
qualification were submitted with its offer and that were determined by the Contracting
Officer to be acceptable at the time of contract award, unless such substitutions are
because of an individual's sudden illness, death, or termination of employment. In any of
these events, the Contractor must promptly notify the Contracting Officer and propose
substitute personnel as required by paragraph (4) below.
(b) If an individual becomes, for whatever reason, unavailable for work under the
contract for a continuous period exceeding thirty (30) working days, or is expected to
devote substantially less effort to the planned work, the Contractor must propose a
substitute personnel as required by paragraph (4) below.
(3) Addition of Personnel. If an FAA requirement will increase the specified level of
effort for a designated labor category, but not the overall level of effort of the contract,
then the Contractor must notify the Contracting Officer to add personnel to the
designated labor category. The Contractor must request added personnel as required by
paragraph (4) below.
(4) Request and Review. The Contractor must submit the request for substitute or added
personnel in writing to the Contracting Officer at least [CO to insert information] days (if
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a security clearance must be obtained, at least [CO to insert information] days) before the
proposed date of substitution or addition. The Contractor's request must provide a
detailed explanation of the circumstances causing the proposed substitution or addition, a
complete resume for the proposed substitute or added personnel, and any additional
information required by the Contracting Officer. Proposed substitutes and added
personnel must have qualifications equal to or higher than those stated in the contract for
the labor category. The Contracting Officer will evaluate the Contractor's request and
promptly notify the Contractor of the decision to accept or reject the qualifications of the
substitute or added personnel.
(5) The Contracting Officer may terminate the contract if the Contractor has not made
suitable, timely, and reasonably forthcoming replacement of personnel who have been
reassigned or terminated or otherwise become unavailable to work under the contract or
the resulting loss of productive effort would impair the successful completion of the
contract. Alternatively, if the Contracting Officer finds the Contractor to be at fault for
the condition, then the Contracting Officer may equitably adjust (downward) the contract
price or fixed fee to compensate the Government for any delay, loss or damage as a result
of the Contractor's action.
(End of clause)
3.9.1-1 Contract Disputes (November 1997)
(a) All contract disputes arising under or related to this contract, shall be resolved under
this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution
System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110
and shall apply only to final agency decisions. The decision of the FAA shall be
considered a final agency decision only after a contractor has exhausted its administrative
remedies for resolving a contract dispute under the FAA Dispute Resolution System.
(b) Contract Dispute, as used in this clause, means a written demand or written assertion
by one of the contracting parties seeking, as a matter of right, the payment of money in a
sum certain, the adjustment or interpretation of contract terms, or other relief arising
under or relating to this contract. A contract dispute arising under a contract, unlike a
contract dispute relating to that contract, is a dispute that can be resolved under a contract
clause that provides for the relief sought by the contracting party seeking relief.
However, a voucher, invoice, or other routine request for payment that is not in dispute
when submitted is not a contract dispute. Such submission may be converted to a
contract dispute by written notice, to the Contracting Officer, that it is disputed either as
to liability or amount.
(c) A contract dispute shall be made in writing and signed by a duly authorized
representative of the contractor or the government. At a minimum, a contract dispute
shall include a statement of facts, adequate supporting data, and a request for relief.
Unless otherwise stated in this contract, a contract dispute by the contractor against the
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government shall be filed with the Office of Dispute Resolution for acquisition within 6
months after the accrual of the contract dispute.
(d) The Contracting Officer's decision concerning a contract dispute shall be binding on
the parties, unless the contractor refers the matter to the FAA Office of Dispute
Resolution.
(e) If a contract dispute cannot be resolved at the Contracting Officer level, the matter
may be referred, by either party, to the FAA Office of Dispute Resolution for final
agency disposition. Such referrals must be in writing directed to the following address:
Office of Dispute Resolution
Office of the Chief Counsel, AGC-1
Federal Aviation Administration
800 Independence Avenue, SW
Room 900 East
Washington, DC 20591
(f) The Office of Dispute Resolution will promulgate procedures and time limitations
relevant to contract disputes, which will be described in a provision to be included in this
contract or incorporated by reference herein.
(g) When a contract dispute is filed with the FAA Office of Dispute Resolution, a
Dispute Resolution Officer will be assigned to the matter. The Dispute Resolution
Officer may use any form of alternative dispute resolution to settle a contract dispute,
including, but not limited to, informal communication, mediation, fact-finding, and
binding or nonbinding arbitration. Binding arbitration may be employed only if the
contractor and the FAA agree to use this method to resolve the merits of the contract
dispute.
(h) If binding arbitration is agreed to, the decision of the Dispute Resolution Officer will
become a final agency decision, unless the FAA Administrator indicates nonconcurrence
with the decision, in writing, within 5 business days after the date that the decision is
issued. If the FAA Administrator nonconcurs with the decision and issues a contrary
determination, then that determination becomes the final agency decision concerning the
merits of the contract dispute.
(i) If the parties have not agreed to binding arbitration and are unable to reach an
agreement on the merits of the contract dispute through alternative dispute resolution,
then the Dispute Resolution Officer will issue a recommendation for the final disposition
of the matter. The Dispute Resolution Officer will then provide the recommendation to
the FAA Administrator, who will make a final agency decision concerning the merits of
the contract dispute.
(j) When the Dispute Resolution Officer determines that a contract dispute is frivolous or
has no basis in fact or law, a summary decision may be issued as the Dispute Resolution
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Officer's recommendation to the FAA Administrator. The FAA Administrator will then
issue a final agency decision concerning the merits of the contract dispute.
(k) The FAA will require continued performance with respect to contract disputes arising
under this contract, in accordance with the provisions of the contract, pending final
decision on a contract dispute related to this contract.
(l) The FAA will pay interest on the amount found due and unpaid from (1) the date the
Contracting Officer receives the contract dispute, or (2) the date payment otherwise
would be due, if that date is later, until the date of payment. Simple interest on contract
disputes shall be paid at the rate, fixed by the Secretary of the Treasury, which is
applicable to the period during which the Contracting Officer receives the contract
dispute and then at the rate applicable for each 6-month period as fixed by the Treasury
Secretary during the pending contract dispute.
(m) To the extent that a final agency decision is subject to judicial review, such review
will be pursuant to 49 U.S.C. 46110. If the parties have agreed to binding arbitration, the
decision of the Dispute Resolution Officer (unless overruled by the FAA Administrator)
will be final. A final agency decision which is the result of binding arbitration (not
overruled by the Administrator) will not be subject to judicial review absent fraud,
corruption, misconduct, or manifest disregard for the law.
(End of clause)
3.9.1-2 Protest After Award (August 1997)
(a) Upon receipt of a notice that a protest has been filed with the FAA Office of Dispute
Resolution, or a determination that a protest is likely, the Administrator or his designee
may instruct the Contracting Officer) to direct the Contractor to stop performance of the
work called for by this contract. The order to the Contractor shall be in writing, and shall
be specifically identified as a stop-work order issued under this clause. Upon receipt of
the order, the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Upon receipt of the final decision or other resolution
of the protest, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) For other than cost-reimbursement contracts, terminate the work covered by
the order as provided in the "Default" or the "Termination for Convenience of the
Government" clause(s) of this contract; or
(3) For cost-reimbursement contracts, terminate the work covered by the order as
provided in the "Termination" clause of this contract.
(b) If a stop-work order issued under this clause is canceled either before or after the
final resolution of the protest, the Contractor shall resume work. The Contracting Officer
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shall make for other than cost-reimbursement contracts, an equitable adjustment in the
delivery schedule or contract price, or both; and for cost-reimbursement contracts, an
equitable adjustment in the delivery schedule, the estimated cost, the fee, or a
combination thereof, and in any other terms of the contract that may be affected; and the
contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the
Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to an adjustment within 30 days after the end
of the period of work stoppage; provided, that if the Contracting Officer decides the facts
justify the action, the Contracting Officer may receive and act upon a proposal submitted
at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated
for the convenience of the Government, the Contracting Officer shall allow reasonable
costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated
for default, the Contracting Officer shall allow, by equitable adjustment or otherwise,
reasonable costs resulting from the stop-work order.
(e) The Government's rights to terminate this contract at any time are not affected by
action taken under this clause.
(End of Clause)
3.14-2 Contractor Personnel Suitability Requirements (July 2006)
(a) This clause applies to the extent that this contract requires contractor employees,
subcontractors, or consultants to have unescorted access to FAA:
(1) Facilities;
(2) Sensitive information; and/or
(3) Resources regardless of the location where such access occurs, and none of the
exceptions of FAA Order 1600.72A, Contractor and Industrial Security Program, Chapter
5, paragraphs 4, 6, 7 and 8 pertains.
Definitions of applicable terminology are contained in the corresponding guidance and
Order 1600.72A, appendix A.
(b) Consistent with FAA Order 1600.72A, the FAA Servicing Security Element (SSE)
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has approved designated risk levels for the following positions under the contract (risk
levels as noted):
ALL LABOR CATEGORIES QUALIFY AS “MODERATE RISK” POSITIONS
(c) Not later than five (5) business days, not to exceed a maximum of 30 days, after
contract award (or date of modification, if this provision is included by modification to an
existing contract), for each employee in a listed position requiring access, provided, no
previous background investigations can be supported as described below, the contractor
will submit the following documentation to the SSE for an employment suitability
determination:
- Standard Form (SF) 85P, Questionnaire for Public Trust Positions as designated by the
Contractor Position Risk/Sensitivity Level Designation Record, FAA Form 1600-77, will
be completed (all questions answered) in accordance with the instruction sheet.
- One fingerprint card (FD-258). Fingerprints will be taken by those individuals who have
been identified as either a Trusted Agent or a Personal Identity Verification (PIV)
registrar (SSE).
In some instances, the fingerprint only may be required and an OF-306 Declaration for
Federal Employment, most current edition, will also be submitted.
The applicant will appear in person and provide two forms of identity source documents
in original form to the PIV Registrar (SSE) or the authorized Trusted Agent. The identity
source documents must come from the list of acceptable documents included in Form I-9,
OMB No. 1115-0136, Employment Eligibility Verification or version of the DOT F 1681
containing the list of acceptable identity verification documents. At least one document
will be a valid State or Federal Government-issued picture Identification. A signed I-9
Form may be used but must indicate the two source documents that were verified.
The type of investigation conducted will be determined by the position risk level
designation for all duties, functions, and/or tasks performed and will serve as the basis for
granting a favorable employment suitability authorization as described in FAA Order
1600.72A. If an employee has had a previous U. S. Government conducted background
investigation which meets the requirements of Chapter 5 of FAA Order 1600.72A and
Homeland Security Presidential Directive 12 (HSPD-12), it will be accepted by the FAA.
However, the FAA reserves the right to conduct further investigations, if necessary. For
each contractor employee for which a previous background investigation was completed,
the contractor will provide, in writing to the SSE, the name, date of birth, place of birth,
and social security number of the employee, the name of the investigating entity, type of
background investigation conducted, and approximate date the previous background
investigation was completed. For all contracts over six (6) months in duration, the
minimum background investigation requirement will be a National Agency Check with
Inquiries (NACI). Please check with your SSE for final determination as to OPM
background investigation type required. The contract may include positions that are
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temporary, seasonal, or under escort only. In such cases, a FAA Form 1600-77 for each
specific position will be established as the investigative requirements may differ from the
NACI.
The contractor must submit the required information with a transmittal letter referencing
the contract number and this request to:
Headquarters Contracts:
Manager, Personnel Security Division, AIN-400
800 Independence Avenue, S.W., Room 315
Washington, D.C. 20591
Regional and Center Contracts: NOT APPLICABLE
The transmittal letter must also include a list of all of the names of contractor employees
and their positions for which completed forms will be submitted to the SSE pursuant to
this Clause. A copy of the transmittal letter must also be provided to the Contracting
Officer/Contracting Officer's Technical Representative (COTR) minus any privacy act
information.
(d) The contractor must submit the information required by Section (c) of this Clause for
any new employee not listed in the Contractor's initial submission who is hired into any
position identified in Section (c) of this Clause.
(e) The Contracting Officer will provide notice to the contractor when any contractor
employee is found to be unsuitable or otherwise objectionable, or whose conduct appears
contrary to the public interest, or inconsistent with the best interest of national security.
The contractor must take appropriate action, including the removal of such employee
from working on this FAA contract, at their own expense. The Contracting Officer will
confirm to the SSE that the action has been taken.
(f) No contractor employee will work in a high, moderate, or low risk position unless the
SSE has received all forms necessary to conduct any required investigation and has
authorized the contractor employee to begin work.
(g) As applicable, the contractor must submit quarterly/bi-annual reports to the
Contracting Officer with a copy to the SSE and the Operating Office on or before the
fifth (5th) business day following each report period. This report must include a complete
alphabetical listing of all current contractors who are currently supporting the contract
and a separate listing of all terminated contractors.
(h) The contractor must notify the CO within one (1) business day after any employee
identified pursuant to Section (c) of this Clause is terminated from performance on the
contract.
(i) The Contracting Officer may also, after coordination with the SSE and other security
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specialists, require contractor employees to submit any other security information
(including additional fingerprinting) deemed reasonably necessary to protect the interests
of the FAA. In this event, the contractor must provide, or cause each of its employees to
provide, such security information to the SSE, and the same transmittal letter
requirements of Section (c) of this Clause applies.
(j) The contractor and/or subcontractor(s) must immediately contact the Servicing
Security Elements (Regional and/or Center Security Divisions) or AIN-400 at
Headquarters in the event an employee is arrested (detained by law enforcement for any
offenses, other than minor traffic offenses) or is involved in theft of government property
or the contractor becomes aware of any information that may raise a question about the
suitability of a contractor employee.
(k) Failure to submit information required by this clause within the time required may be
determined by the Contracting Officer a material breach of the contract.
(l) If subsequent to the effective date of this contract, the security classification or
security requirements under this contract are changed by the Government and if the
changes cause an increase or decrease in direct contract costs or otherwise affect any
other term or condition of this contract, the contract will be subject to an equitable
adjustment.
(m) The contractor agrees to insert terms that conform substantially to the language of
this clause, including this paragraph (l) but excluding any reference to the Changes clause
of this contract, in all subcontracts under this contract that involve access and where the
exceptions under Chapter 5, FAA Order 1600.72A do not apply.
(n) The Contracting Officer will ensure the SSE receives a list of all proposed contractor
employees, the name of the contracting company, contract number, duty location,
identification of the funding line of business, and the names of the contracting officers
and COTR for each contract within five (5) business days of contract award. If the
Contracting Officer provided the SSE a solicitation number during pre-award, the
contracting officer will ensure the SSE is notified of the contract number.
(o) Contractor employees who have not undergone a background investigation must be
escorted at all times. In some instances, a contractor employee may be required to serve
as an escort. In this situation, the contractor employee must have a completed and
favorably adjudicated National Agency Check with Inquiries (NACI).
(End of clause)
3.14-3 Foreign Nationals as Contractor Employees (July 2006)
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(a) Each employee of the contractor must be a citizen of the United States of America, or
an alien who has been lawfully admitted for permanent residence as evidenced by Alien
Registration Receipt Card Form I-151, or who presents other evidence from the U.S.
Citizenship and Immigration Service that employment must not affect his/her
immigration status.
(b) Aliens and foreign nationals proposed under this contract must meet the following
conditions in accordance with FAA Order 1600.72A, chapter 5, paragraph 7 & 8:
(1) Must have resided within the United States for three (3) of the last five (5) years
unless a waiver of this requirement is requested and approved in accordance with the
requirements stated in FAA Order 1600.72A, chapter 5, paragraph 9;
(2) A risk or sensitivity level designation can be made for the position; and
(3) The appropriate security-related background investigation/inquiry can be adequately
conducted.
(c) Interim suitability requirements may not be applied unless the position is
low/moderate in risk, and/or temporary, and/or is not in a critical area position.
(End of clause)
3.14-4 Government-Issued Keys, Personal Identity Verification (PIV) cards, and
Vehicle Decals (July 2006)
(a) It may become necessary for the Government to issue keys, PIV cards, vehicle decals,
and/or access control cards to contractor employees. Prior to or upon completion or
termination of the work required hereunder, the contractor must return all such
Government-issued items to the issuing office with notification to the Contracting
Officer's Technical Representative (COTR). When contractor employees who have been
issued such items are terminated or no longer required to perform the work, the
Government-issued items must be returned to the Government within three (3) business
days or upon termination of the contract or the employee. Improper use, possession or
alteration of FAA issued keys, PIV Cards and/or vehicle decals is subject to penalties
under Title 18, USC 499, 506, and 701.
(b) In the event such keys, PIV Cards, or vehicle decals are not returned, the contractor
understands and agrees that the Government may, in addition to any other withholding
provision of the contract, withhold [CO to enter appropriate amount] for each key PIV
Card, and vehicle decal not returned. If the keys, PIV Cards, or vehicle decals are not
returned within 30 calendar days from the date the withholding action was initiated, any
amount so withheld must be forfeited by the contractor.
(c) Access to aircraft ramp/hangar areas is authorized only to those persons displaying a
flight line identification card and for vehicles, a current ramp permit issued pursuant to
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Title 49, Part 1542, Code of Federal Regulations.
(d) The Government retains the right to inspect inventory, or audit PIV Cards, keys,
vehicle decals, and access control cards issued to the contractor in connection with the
contract at the convenience of the Government. Any items not accounted for, to the
satisfaction of the Government will be assumed to be lost and the provisions of section
(b) apply.
(e) Keys must be obtained from the COTR who will require the contractor to sign a
receipt for each key obtained. Lost keys, PIV Cards, vehicle decals, and access control
cards must immediately be reported concurrently to the Contracting Officer (CO), COTR,
and [CO to insert name of local security division or staff and facility management office].
Electronic keying cards are handled in the same manner as metal keys.
(f) Each contract employee, during all times of on-site performance at the [CO to insert
location] must prominently display his/her current and valid PIV card on the front portion
of his/her body between the neck and waist. Each PIV card holder must not affix pins,
stickers, or other decorations to the PIV.
(1) Prior to any contractor employee obtaining a PIV Card or vehicle decals, the contract
employee is required to report in person to the SSE Registrar or an FAA designated
trusted agent for fingerprinting, photographing, and to submit their required investigation
forms as described in AMS clause 3.14-2, Contractor Personnel Suitability Requirements.
The investigative forms must be submitted to [CO to insert name and location of security
division or staff] by the contractor in a sealed envelope either hand carried by the
contractor or sent via U.S. mail to: [CO to insert mailing address]. The SSE will review
the forms and approve interim suitability prior to the contract employee beginning work.
When an interim is granted by the SSE, the individual may begin work under escort until
their OPM fingerprint check has been returned and successfully adjudicated at such time
they can then be badge. If the contract employee requires a PIV Card, the fingerprint
check must be completed and favorably adjudicated by the SSE prior to approval or
issuance of the PIV card.
(2) To obtain the PIV Card, contractor employee must submit an identification
Card/Credential Application (DOT 1681) signed by the contractor employee and by the
authorized trusted agent (when applicable) and also by the authorized sponsor to the CO
or to the COTR. The DOT 1681 must contain, as a minimum, under the "Credential
Justification" heading, the name of the contractor/company, the contract number or the
appropriate acquisition identification number, the expiration date of the contract or the
task (whichever is sooner), and the required signatures. The contractor will be notified
when the DOT 1681 has been approved and is ready for processing by the [CO to insert
name and location of the person who will process the document]. Arrangements for
processing the identification cards, including photographs and lamination can be made by
the contacting [CO to insert point of contact with phone number].
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(3) The contractor must contact the SSE to obtain the procedures that the contractor's
employees must utilize to obtain their PIV Card.
(g) The contractor is responsible for ensuring final out-processing is accomplished for all
departing contractor employees. Final out-processing must be accomplished by close of
business the final workday of the contractor employee or the next day under special
conditions. The SSE must be notified in writing and ensure that all FAA medial,
including the PIV card are returned to the SSE.
(End of clause)
IN ADDITION TO THOSE CLAUSES SHOWN ABOVE, THE FOLLOWING
CLAUSES WILL BE APPLICABLE ONLY TO THOSE CLINS THAT ARE
PRICED ON A FIXED PRICE BASIS:
3.1-1 Clauses and Provisions Incorporated by Reference (December 2005)
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:
http://conwrite.faa.gov (on this web page, select "Search and View Clauses").
3.10.1-11 Government Delay of Work (April 1996)
3.10.1-12 Changes--Fixed-Price (April 1996)
3.10.1-12/alt2 Changes--Fixed-Price Alternate II (April 1996)
3.10.2-1 Subcontracts (Fixed-Price Contracts) (April 1996)
3.10.4-4 Inspection of Services--Both Fixed-Price & Cost Reimbursement (April
1996)
3.10.6-1 Termination for Convenience of the Government (Fixed Price) (October 1996)
SECTION J
LIST OF ATTACHMENTS
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Attachment J -1 PREVIOUS CONTRACTS LIST
Attachment J -2 PAST PERFORMANCE QUESTIONNAIRE RECORD
Attachment J -3 PAST PERFORMANCE QUESTIONNAIRE
Attachment J-4 COST/PRICE TEMPLATE
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SECTION K
REPRESENTATIONS AND CERTIFICATIONS
AND OTHER STATEMENTS OF OFFERORS
3.2.2.3-2 Minimum Offer Acceptance Period (July 2004)
(a) 'Acceptance period,' as used in this provision, means the number of calendar days the
FAA (we, us) has to award a contract from the date the SIR specifies for receiving offers.
(b) This provision supersedes any language about the acceptance period appearing
elsewhere in this SIR.
(c) We require a minimum acceptance period of 60 calendar days [the CO should insert
the number of days].
(d) The offeror (you) may specify a longer acceptance period than the period shown in
paragraph (c). To specify a longer period, fill in the blank: The offeror allows the
following acceptance period: _____ calendar days.
(e) We may reject an offer allowing less than the FAA's minimum acceptance period.
(f) You agree to fulfill your offer completely if the FAA accepts your offer in writing
within:
(1) The acceptance period stated in paragraph (c) of this provision; or
(2) Any longer acceptance period stated in paragraph (d) of this provision.
(End of provision)
3.2.2.3-10 Type of Business Organization (July 2004)
By checking the applicable box, the offeror (you) represents that--
(a) You operate as [ ] a corporation incorporated under the laws of the State of
____________________ , [ ] an individual, [ ] a partnership, [ ] a nonprofit organization,
[ ] a joint venture or [ ] other ____________[specify what type of organization].
(b) If you are a foreign entity, you operate as [ ] an individual, [ ] a partnership, [ ] a
nonprofit organization, [ ] a joint venture, or [ ] a corporation, registered for business in
_____________________________________________ .
(country)
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(End of provision)
3.2.2.3-15 Authorized Negotiators (July 2004)
The offeror states that the following persons are authorized to negotiate on your behalf
with the FAA in connection with this offer:
Name:_______________________
Title:_________________________
Phone number:_________________
(End of provision)
3.2.2.3-22 Period for Acceptance of Offer (July 2004)
The offeror (you) agrees that if this offer is accepted within ________ calendar days (60
calendar days unless you insert a different period) from the date the SIR specifies for
receiving offers, to provide all items for which you offer prices at the price set opposite
each item, delivered at the designated point(s), within the time specified in the Schedule.
(End of provision)
3.2.2.3-23 Place of Performance (July 2004)
(a) The offeror (you), in fulfilling any contract resulting from this SIR, [ ] intends, [ ]
does not intend (check applicable block) to use one or more plants or facilities located at
a different address from your address as stated in this offer.
(b) If you check 'intends' in paragraph (a) above, insert the following information:
Place of Performance Street:
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City: ______________________________
State: ______________________________
Zip Code: __________________________
Name of owner and operator, if other than the owner
(End of provision)
3.2.2.3-70 Taxpayer Identification (July 2004)
(a) Definitions.
(1) "Common parent," as used in this clause, means a corporate entity that owns or
controls an affiliated group of corporations that files an offeror's (you, your) Federal
income tax returns on a consolidated basis, and of which you are a member.
(2) "Corporate status," as used in this clause, means a designation as to whether you are a
corporate entity, an unincorporated entity (for example, sole proprietorship or
partnership), or a corporation providing medical and health care services.
(3) "Taxpayer Identification Number (TIN)," as used in this clause, means the number the
Internal Revenue Service (IRS) requires you use in reporting income tax and other
returns.
(b) All offerors must submit the information required in paragraphs (c) through (e) of this
provision to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M
and implementing regulations issued by IRS. The FAA will use this information to
collect and report on any delinquent amounts arising out of your relation with the Federal
Government, under Public Law 104 -134, the Debt Collection Improvement Act of 1996,
Section 31001(I)(3). If the resulting contract is subject to the reporting requirements and
you refuse or fail to provide the information, the Contracting Officer (CO) may reduce
your payments 31 percent under the contract.
(c) Taxpayer Identification Number (TIN).
[ ] TIN: ______________________________
[ ] TIN has been applied for.
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not
leave income effectively connected with the conduct of a trade or business in the U.S.
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and does not have an office or place of business or a fiscal paying agent in the U.S.;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of a Federal, state, or local government;
[ ] Other--State basis. ___________________________________.
(d) Corporate Status.
[ ] Corporation providing medical and health care services, or engaged in the billing and
collecting of payments for such services;
[ ] Other corporate entity
[ ] Not a corporate entity
[ ] Sole proprietorship
[ ] Partnership
[ ] Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from
taxation under 26 CFR 501(a).
(e) Common Parent.
[ ] A common parent does not own or control the offeror as defined in paragraph (a).
[ ] Name and TIN of common parent:
Name _______________________________________________________
TIN _______________________________________________________
(End of provision)
3.2.2.3-76 Representation- Release of Contract Information (July 2004)
(a) Any contract resulting from this SIR may be subject to release under the Freedom of
Information Act (FOIA), 5 U.S.C. Section 552.
(b) The offeror's (you, your) position regarding the possible release of information you
provide in response to this SIR is as follows:
(c) REPRESENTATION CONCERNING RELEASE OF CONTRACT
INFORMATION--
The offeror (you) represents that--(1)[ ] You have made a complete review of your
offer(s) in response to this SIR and no exemption from mandatory release under FOIA
exists, and, (2)[ ] You have no objection to the release of any contract you may be
awarded in whole or in part resulting from this SIR.
OR
The offeror (you) represents that [ ] your offer(s) in response to this SIR contains
information that is exempt from mandatory release under FOIA. Accordingly, you
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represent that--(1)[ ] You have identified any sensitive documents you submitted in
response to this SIR by placing restrictive markings on them. This may include trade
secrets, proprietary information, or commercial or financial information that is privileged
or confidential, and (2)[ ] As the party that provided the information, you have provided
the Contracting Officer (by separate letter concurrent with this offer) detailed information
listing the page(s) to be withheld complete with any and all legal justifications which
would permit the FAA to invoke a FOIA exemption.
[End of Provision]
3.2.2.7-7 Certification Regarding Debarment, Suspension, Proposed Debarment,
and Other Responsibility Matters (April 1996)
(a) The Offeror certifies, to the best of its knowledge and belief, that--
(i) The Offeror and/or any of its Principals--
(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any Federal agency;
(B) Have [ ] have not [ ] within a three-year period preceding this offer, been convicted
of or had a civil judgment rendered against them for: commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, state, or local) contract or subcontract; violation of Federal or state antitrust
statutes relating to the submission of offers: or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property; and
(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged
by a governmental entity with, commission of any of the offenses enumerated in
subdivision (a)(1)(i)(B) of this provision.
(ii) The Offeror has [ ] has not [ ] within a three-year period preceding this offer, had
one or more contracts terminated for default by any Federal agency.
'Principals,' for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within
a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or
business segment, and similar positions). THIS CERTIFICATION CONCERNS A
MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED
STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT
CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION
UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
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(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at
any time prior to contract award, the Offeror learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not
necessarily result in withholding of an award under this SIR. However, the certification
will be considered in connection with a determination of the Offeror's responsibility.
Failure of the Offeror to furnish a certification or provide such additional information as
requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by paragraph
(a) of this provision. The knowledge and information of an Offeror is not required to
exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact
upon which reliance was placed when making award. If it is later determined that the
Offeror knowingly rendered an erroneous certification, in addition to other remedies
available to the Government, the Contracting Officer may terminate the contract resulting
from this SIR for default.
(End of provision)
3.3.1-35 Certification of Registration in Central Contractor Registration (CCR)
(April 2006)
In accordance with Clause 3.3.1-33, Central Contractor Registration, offeror certifies that
they are registered in the CCR Database and have entered all mandatory information
including the DUNS or DUNS+4 Number.
Name: ______________________________
Title: _______________________________
Phone Number: _______________________
(End of provision)
3.5-14 Representation of Limited Rights Data and Restricted Computer Software
(October 1996)
(a) This Screening Information Request (SIR) sets forth the work to be performed if a
contract award results, and the Government's known delivery requirements for data, as
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defined in the clause "Rights in Data-General." Any resulting contract may also provide
the Government the option to order additional data under the "Additional Data
Requirements" clause, if included in the contract. Any data delivered under the resulting
contract will be subject to the "Rights in Data-General" clause that is to be included in
this contract. Under the latter clause, a Contractor may withhold from delivery data that
qualify as limited rights data or restricted computer software, and deliver form, fit, and
function data in lieu thereof. The latter clause also may be used with its Alternates II
and/or III to obtain delivery of limited rights data or restricted computer software, marked
with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate
V with this latter clause provides the Government the right to inspect such data at the
Contractor's facility.
(b) As an aid in determining the Government's need to include any of the aforementioned
Alternates in the clause "Rights in Data-General," the offeror's response to this Screening
Information Request (SIR) may, to the extent feasible, complete the representation in
paragraph (b) of this provision to either state that none of the data qualify as limited
rights data or restricted computer software, or identify which of the data qualifies as
limited rights data or restricted computer software. Any identification of limited rights
data or restricted computer software in the offeror's response is not determinative of the
status of such data should a contract be awarded to the offeror.
REPRESENTATION CONCERNING DATA RIGHTS
Offeror has reviewed the requirements for the delivery of data or software and states
(offeror check appropriate block)--
[ ] None of the data proposed for fulfilling such requirements qualifies as limited rights
data or restricted computer software.
[ ] Data proposed for fulfilling such requirements qualify as limited rights data or
restricted computer software and are identified as follows:
__________________________________________
__________________________________________
__________________________________________
Note: "Limited rights data" and "Restricted computer software" are defined in the
contract clause titled "Rights In Data-General."
(End of provision)
3.6.2-6 Previous Contracts and Compliance Reports (April 1996)
The offeror represents that--(a) It [ ] has, [ ] has not, participated in a previous contract
or subcontract subject either to the "Equal Opportunity" clause of this solicitation, the
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clause originally contained in Section 310 of Executive Order No. 10925, or the clause
contained in Section 201 of Executive Order No. 11114; (b) It [ ] has, [ ] has not, filed
all required compliance reports; and (c) Representations indicating submission of
required compliance reports, signed by proposed subcontractors, will be obtained before
subcontract awards.
(End of provision)
3.6.2-8 Affirmative Action Compliance (April 1996)
The offeror represents that (a) it [ ] has developed and has on file, [ ] has not developed
and does not have on file, at each establishment, affirmative action programs required by
the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it [ ]
has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor.
(End of provision)
3.6.3-10 Certification of Toxic Chemical Release Reporting (August 1998)
(a) Submission of this certification is a prerequisite for making or entering into this
contract imposed by Executive Order 12969, August 8, 1995.
(b) By signing this offer, the offeror certifies that--
(1) As the owner or operator of facilities that will be used in the performance of this
contract that are subject to the filing and reporting requirements described in section 313
of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42
U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42
U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of
the contract the Toxic Chemical Release Inventory Form (Form R) as described in
sections 313(a) and (g) of EPCRA and section 6607 of PPA; or
(2) None of its owned or operated facilities to be used in the performance of this contract
is subject to the Form R filing and reporting requirements because each such facility is
exempt for at least one of the following reasons: [Offeror check each block that is
applicable.]
__(i) The facility does not manufacture, process, or otherwise use any toxic chemicals
listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c);
__(ii) The facility does not have 10 or more full-time employees as specified in section
313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);
__(iii) The facility does not meet the reporting thresholds of toxic chemicals established
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under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at
40 CFR 372.27, provided an appropriate certification form has been filed with EPA);
__(iv) The facility does not fall within Standard Industrial Classification Code (SIC)
designations 20 through 39 or;
__(v) The facility is not located within any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, the Northern Mariana Islands, or any other territory or
possession over which the United States has jurisdiction.
(End of provision)
3.8.2-18 Certification of Data (October 1996)
(a) The offeror represents and certifies that to the best of its knowledge and belief, the
information and/or data (e.g., company profile, qualifications, background statements,
brochures) submitted with its offer is current, accurate, and complete as of the date of its
offer.
(b) The offeror understands that any inaccurate data provided to the Department of
Transportation may subject the offeror, its employees, or its representatives to: (1)
prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement
action for false claims or statements pursuant to the Program Fraud Civil Remedies Act
of 1986, 31 U.S.C. 3801-3812 and 49 CFR Part 31 and/or; (3) termination for default
under any contract resulting from its offer and/or; (4) debarment or suspension.
(c) The offeror agrees to obtain a similar certification from its subcontractors.
Signature: _____________________________
Date: _____________________________
Typed Name and Title:____________________________
Company Name: ____________________________
This certification concerns a matter within the jurisdiction of an agency of the United
States and the making of a false, fictitious, or fraudulent certification may render the
maker subject to prosecution under Title 18, United States Code, Section 1001.
(End of provision)
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SECTION 508 COMPLIANCE CERTIFICATION
The offeror hereby certifies that the products they are proposing with this propose
__________ ARE or _______ ARE NOT
compliant with the specified Section 508 accessibility standards in this solicitation.
Failure to provide this certification shall eliminate the offeror from further consideration
for this award.
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SECTION L - INSTRUCTIONS, CONDITIONS,
AND NOTICES TO OFFERORS
L.0. Solicitation and Award
a. This Screening Information Request (SIR)/Request for Proposals
(RFP) is a competitive acquisition. All companies that normally sell
COTS software products that meet the specification requirements and
“test of commerciality” requirements spelled out in this RFP are invited
to submit proposals.
The Government intends to award a single contract to provide the FAA
(and DOT) with the capability to order products and services as
described in Section C, Specification, in accordance with the
procedures contained in the FAA Acquisition Management System
guidelines and as identified in this solicitation.
b. Following initial screening for completeness and accuracy (see
M.3.2), the remaining proposals will be assigned to Government teams
for technical and price/cost evaluation. The results of these
evaluations will be used to select that offeror proposal for contract
award. Contract award will be made to that offeror with the lowest
evaluated price/cost and a “technically acceptable proposal.”
Based on the results of the SIR response, evaluation and
review, the Government reserves the following rights with
respect to this solicitation:
- the right to make only one award as a result of this
solicitation;
- the right to make more than one award as a result of this
solicitation;
- the right to make initial and subsequent awards during the
evaluation period;
- the right to enter into discussion with any, some, or all
offerors without being required to enter into discussion with
others;
- the right to make award without any discussion with any
offeror; and,
- the right to not make an award should the government so
decide.
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L.1 CONTRACT CLAUSES
The contract clauses applicable to the submission of proposals
under this solicitation and resultant contract are cited in various parts
of this SIR. Offerors are cautioned to review and understand all
Sections, clauses and their requirements.
L.2 PRE-AWARD SITE VISITS
The Government reserves the right to conduct pre-award site visits to
one or more offerors facilities and/or request additional information
from one or more offerors without obligation to do the same or similar
with other offerors.
L.3. EXCEPTION TO SOLICITATION TERMS AND CONDITIONS
The offeror must state in their proposal any exceptions taken to the
terms and conditions of the solicitation (including the specification).
All exceptions must be described as part of the offeror’s Technical
Proposal. For each exception, the offeror shall identify the term or
condition (or specific specification section), state the reason for the
exception, and provide any other information concerning the
exception. The Government will consider exceptions and their
relevance to the solicitation and the offeror’s proposal, and reserves
the right to include such consideration in making “technically
acceptable” determinations. That is to say, the government structured
this solicitation and considered carefully each clause and requirement
included herein. Should an offeror choose to take exception to any
clause or requirement called out in this solicitation, the government
reserves the right to make an assessment as to what risk that
presents to the government and consider such in the overall evaluation
process. The Government reserves the right to rank/score an offeror
proposal as NOT “technically acceptable” should the offeror’s proposal
contain significant number of exceptions and/or if the proposal takes
exception to a significant clause or requirement.
Be advised that, due to time constraints, the government would prefer
to make award without discussion and without requesting BAFOs and
has reserved the right to do so. Therefore, offerors should be very
careful with respect to taking exception to any of the terms and
conditions of this solicitation. The solicitation process allows for
submission of questions by the offerors. The government recommends
that all “issues” be addressed via the solicitation question process as
opposed to as “exceptions” to the noted solicitation terms and
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conditions. Offerors that choose to submit offers with exceptions (as
opposed to clarifying the issue via the Q&A process) are doing so at
their own risk. The due date for submission of questions about the
RFP is specified in the RFP cover letter. For all questions received prior
to this date, the government will publish all questions and answers as
solicitation amendment(s). Questions must be submitted in writing via
e-mail to: Jim.McNulty@faa.gov.
L4. ALTERNATE PROPOSALS AND ELECTRONIC PROPOSAL
SUBMISSION NOT PERMITTED
However, the offerors’ customers may submit their completed Past
Performance Survey Questionnaires electronically (via e-mail) to
Jim.McNulty@faa.gov. In fact, the government would prefer to receive
the Past Performance Surveys via this means (electronically via e-
mail).
L.5 INTENTIONALLY LEFT BLANK
L.6 PROPOSAL FORMAT AND SUBMISSION INSTRUCTIONS
The Government is interested in reducing both the expense and time
associated with the preparation and evaluation of offerors' proposals.
This solicitation has been structured to obtain, to the extent possible,
reasonable information required to conduct an accurate and consistent
evaluation and review of all offerors’ proposals to allow for
determinations as to technical acceptability, “test of commerciality,”
and lowest evaluated price/cost. Offerors are cautioned that the
Government considers the overall form and substance of their
proposal to represent the general quality of work expected to
be performed under this contract, and that as such, it will be
considered throughout the review and scoring/evaluation
process.
An offeror’s proposal in response to this SIR shall be formatted as
follows and include:
a. The Offeror shall submit an original signature transmittal letter
at the beginning of the original proposal and each proposal Volume 1
copy transmitting the proposal to the FAA Contracting Officer. In
addition to the original proposal submission, offerors must also provide
five (5) additional copies of the technical proposal (separately bound);
and one additional copy of the cost proposal (separately bound).
Completed past performance questionnaires shall be submitted directly
to the Government by the offeror's past performance customers by the
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proposal due date. Contractors are expected to follow-up with
customer contact references to encourage the timely submission of
past performance questionnaires and to document such follow-up
activities on the “Past Performance Questionnaire Record” form,
Attachment J-3. Offerors are cautioned that submission of
completed past performance questionnaires from other than
their noted customers may result in elimination of the Offeror
from further award consideration.
b. The Offeror shall submit original proposal (and proposal copies) as
noted above. However, only one copy of the financial statements is
required (to be included with the Original cost proposal). Each binder
shall be clearly labeled on the outside showing the offeror’s name, the
solicitation name (Investment Management Tool), and the copy
number (i.e.: “Original” or “Copy 1”).
c. The Offeror shall also submit two (2) complete media copies of
the proposal (except for the completed past performance
questionnaires and signatures, Previous Contracts List, Financial
Solvency Information, and the five years of financial statements) on
CD-ROM(s) (not condensed), in Microsoft Word format (a current
version thereof) for text documents and in Microsoft Excel format (a
current version thereof) for spreadsheet documents. One complete
media copy shall be included with the “Original” proposal, and one
complete media copy shall be included with “Copy 1.”
d. Proposals are due in the Contracting Office at the address shown
below no later than Friday January 25, 2008, at 3:00 p.m.
Eastern Standard Time and shall be delivered to the following
address:
ATTN: Jim McNulty, ATO-A
Contracting Officer
FOB 10A, Room 406
Federal Aviation Administration
800 Independence Ave., SW
Washington, DC 20591
IT MAY BE NECESSARY TO CALL FROM THE LOBBY TO GAIN ACCESS
TO THE BUILDING. THE FOLLOWING MAY GRANT ACCESS:
Jim McNulty 202-267-3626
Marcus Benefield (202) 493-4917
e. When proposals are hand-carried or sent by courier service, the
offeror assumes the full responsibility for ensuring that the offer is
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received at the address in Section L.6.d. by the noted proposal
submission date and time. All offers must be closed and sealed as if
for mailing and fully identified on the outside of the sealed envelope.
Please note that there are no provisions for acceptance of late offers
sent by overnight courier service (except U.S. Postal Service Express
Mail), regardless of the date of mailing.
f. Proposals, both hard copy and media, shall be in English and
labeled as described in L.6.b. above. The offeror’s proposal pages
(less excluded pages) shall be numbered, and shall be submitted on 8
and 1/2 by 11 inch paper with printing on only one side except as
otherwise authorized by this clause. Blank sides and Part/Tab dividers
do not count toward the page count. The information may be single-
spaced. The typewritten or printed letters/ characters must be similar
in size and character to that included in this solicitation (e.g., 12 pitch
or 12-point Times New Roman, 12 pitch Verdana, and 12 pitch Courier
New).
Offerors must ensure that their proposals (re: print size) is easily
readable. Graphics and tables are encouraged only to the point that
they provide substantive information directly applicable to the
purposes of the solicitation's proposal and its evaluation. Offerors
shall NOT use chart/tables/graphics to subvert the page limit. With
respect to subversion of the page limit, offerors are cautioned
that during review and evaluation process, the Contracting
Officer may make a determination concerning a proposal's
format and/or content that excludes it from further
consideration. Each page shall have adequate margins on each side
of the page (approximately one/half inch or greater) and at least 1” at
the top and bottom margin space. Header/footer information (which
does not include any information to be evaluated) may be included in
the 1” margin space. Fold outs for complete spreadsheets and/or
organization charts are permissible up to 11” by 17”, with printing on
only one side, if secured within the volume.
g. Proposals shall be limited in the number of pages, in
accordance with the table below. Offerors are cautioned that
proposal information in excess of page limitations will NOT be
considered during the evaluation process.
Proposal Information Maximum Page Limit
(single sided)
VOLUME 1 – Technical
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FACTOR A: Technical Approach 20 pages
Factor A-2: Test of Commerciality 5 pages
Factor B – Past Performance No Page Limit
VOLUME 2 – Price/Cost No Page Limit
Proposal documents excluded from the mandatory page count are:
original signature letters of transmittal;
table of contents (which will not be evaluated);
glossary (if included will be for reference only and its contents will
not be evaluated);
proposal cross reference matrix (if included will be for reference
only and its contents will not be evaluated);
the “Previous Contracts List” (Attachment J-1);
no more than three pages of organization charts;
the "Past Performance Questionnaire Record" Forms (Attachment J-
3);
price/cost information submitted in the required format of “Section
B";
Cost template (Attachment J-4); and
certifications required in Sections K and L
Financial Statements (to be submitted with Volume 2 – Price/Cost).
Offerors are warned that incomplete proposal’s or those not
submitted in accordance with L.7.a. through L.7.g may, at the
government’s discretion, not receive further consideration in
the review process.
L.7. PROPOSAL CONTENT REVIEW and EVALUATION
L.7.0 General
The Government will screen all offeror’s proposals received in response
to this solicitation for completeness and adequacy as described in
M.3.2. The Contracting Officer will forward proposals passing the
initial proposal screening process to the evaluation team(s) for
subsequent “technical acceptability” and “test of commerciality”
evaluation and price/cost analysis. Only those proposals passing
the initial proposal screening process will be given to the
evaluation team for further consideration as described in M.4.
The Government reserves the right to request subsequent information
and/or clarifications from offerors at any time during the evaluation
and award selection process.
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L.7.2. Proposal Content
a. The technical proposal, Volume 1, must include the following:
(1) Technical Approach (Factor A-1): In this section of their
proposal, offerors must include a detailed explanation to describe the
exact Commercial products that are being proposed for each CLIN
cited in Section B. As well, the offeror must explain whether and how
the proposed commercial products meet the specification requirements
of the RFP.
(2) Test of Commerciality (Factor A-2): In this section of their
proposal, offerors must include a written explanation of how their
proposed commercial products meet the “test of commerciality” as
described at page 3 of the specification (Commerciality Requirement
and Commerciality Rationale). As part of the “Test of Commerciality”
discussion, offerors must make reference to the customers cited on
their Previous Contracts List (Attachment J-1) and explain how they
demonstrate and support how the offeror meets the Test of
Commerciality described in the specification.
(3) Past Performance (Factor B) data to include the completed
Previous Contracts List (the same exact list and data that had been
submitted per the Initial SIR) and a completed Past Performance
Questionnaire Record form for each customer cited on the Previous
Contracts List. As well, completed Past Performance Questionnaires
should be submitted by each of the offerors’ customers cited on the
Previous Contracts List.
Proposal Volume 2, is the price/cost response and must include the
proposed pricing data and the financial statements. Additionally, in
this part of their proposal, the offeror must also provide a name and
phone number (point of contact) for the cognizant Defense Contract
Audit Agency (DCAA) office that most recently reviewed or audited the
offeror’s “books” or “accounting system.”
b. Offerors are cautioned that in conducting the evaluation, the
Government may use information provided by the Offeror in its
proposal as well as information obtained from other sources.
While the Government may elect to consider data obtained from
other sources, the burden of providing thorough and complete
information rests with the Offeror.
c. Offerors are also cautioned that the quality of their proposal and
adherence to solicitation response requirements and/or restrictions are
considered reflective of the manner in which the offeror could be
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expected to conduct business under this contract and will be given due
consideration throughout the evaluation process.
d. Offerors must submit all the information required by this
solicitation. Offerors are cautioned that failure to provide all the
required information may result in elimination of the Offeror from
further consideration for award.
f. All proposal information provided by the Offeror shall be certified
and dated that it is accurate and complete to the best of the Offeror’s
knowledge.
g. The government reserves the right to request that the offeror
provide a demonstration of the proposed product(s) prior to contract
award (to ensure that the product(s) perform as stated in the offeror’s
proposal).
L.7.2.2. Past Performance
For this solicitation, the past performance information will include the
Previous Contracts List (Attachment J-1), the completed Past
Performance Surveys from the offeror’s (or proposed subcontractor’s)
customers, and a “Past Performance Questionnaire Record”
(Attachment J-3) for EACH customer the offeror cites on their Previous
Contracts List.
The offeror shall use the “Previous Contracts List” (Attachment J-1) to
provide a listing of between 2 and 5 contracts that are currently being
performed (for more than 6 months) or that have been completed
within the last three years. The Offeror shall solicit customer-provided
past performance information (surveys) on these cited contracts
(between 2 and 5). The offeror MUST identify the same customers
on the Previous Contracts List as those cited in that portion of the
technical proposal relating to “Test of Commerciality.” Under the “Test
of Commerciality” portion of the proposal, offerors must cite two
customers (federal agencies) that have used the proposed products.
Under the Past Performance portion of their proposal offerors are
soliciting feedback from between 2 and 5 of their previous or current
customers.
The offeror is required make its best efforts to persuade the noted
customers to provide customer information concerning the offeror’s
past performance. The offeror shall provide an “EVALUATION
SURVEY OF CONTRACTOR’S PAST PERFORMANCE Form‖,
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Attachment J-2, to each of their customers identified in the “Previous
Contracts List” (Attachment J-1). The offeror shall encourage each
customer to complete the questionnaire and submit it directly to the
Government’s contracting officer. Offerors should encourage their
customers to submit the completed survey electronically via e-mail to:
Jim.McNulty@faa.gov. A hard copy submission is not required if the
customer provides an electronic copy to the Contracting Officer via e-
mail.
The Offeror is responsible for exerting its “best efforts” to ensure that
their customers submit completed past performance surveys directly
to the Government no later than the proposal submission due date.
Offerors are cautioned that failure to demonstrate ―best
efforts‖ may result in an unsatisfactory rating for this
component of past performance. The offeror shall use the “Past
Performance Questionnaire Record Form”, Attachment J-3, to
document “best efforts” follow-up with each customer listed on the
“Previous Contracts List” (Attachment J-1) to encourage completion
and timely submission of past performance questionnaires to the
government Contracting Officer.
The offeror shall submit as a part of its proposal, a “Past Performance
Questionnaire Record” in the format shown in Attachment J-3, one
form for each Past Performance Survey form distributed (a total of up
to 5). The Government may conduct follow up discussions and/or
verifications with any of the people identified in the Past performance
Questionnaire Record. The information contained in the past
performance questionnaires shall be considered sensitive and
will not be released to offerors.
L.7.2.3 Volume 2. – Price/Cost Information.
Price/cost information shall be submitted as a part of the offeror's
complete proposal. The offeror’s proposed pricing (included in their
price/cost proposal) shall represent the MAXIMUM rates that the
Government will consider and/or accept during the life of the contract,
including options. This does not preclude or prevent the successful
contractor from proposing lower rates at a subsequent time following
award. All proposed labor rates for the purposes of this
solicitation shall be based on services being provided in the
Washington DC metropolitan area (assuming contractor
performance at a government facility). No other locality rates
will be recognized under the resulting contract.
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The offeror must propose fixed prices for each software CLIN shown in
Section B. The offeror must propose a fixed percentage for the
software maintenance CLINs (as per the CLIN descriptions in Section
B). The offeror shall propose fully loaded hourly labor rates for each
labor category for the base and each option year. For the purposes of
preparing their proposal and its price/cost information, the offeror
shall use the labor categories listed in Section B and their applicable
descriptions found in Section H. In addition, offerors shall complete
the cost template using the same labor rates and prices included in
Section B. The Government reserves the right to reject any proposal
wherein the offeror has not submitted a complete cost template with
labor rates and prices that match those proposed in Section B.
Likewise, with respect to completion of the Cost Template, offerors are
directed to ONLY fill in the blanks (for the proposed labor rates,
software pricing, software maintenance percentages, and proposed
“Administrative Handling Rate”). These figures must be provided for
the base year and for each option year. Offerors MAY NOT change any
other elements of the Cost Template (i.e., the embedded algorithms).
The government reserves the right to reject any proposals where the
offeror has actually changed the algorithms that the government
embedded in the Cost Template. Should the government not become
aware of this apparent fraudulent activity prior to contract award, the
government reserves the right to rescind the contract upon such
discovery, at no cost to the government.
The offeror’s price/cost information shall not be limited as to page
count, but since there is no detailed cost and price data required,
should be minimal.
L.7.2.4 FINANCIAL STRENGTH AND STABILITY.
In order to ascertain the financial status of the offerors, several pieces
of data must be provided. FAILURE TO PROVIDE THIS DATA WILL
MAKE THE PROPOSAL INELIGIBLE FOR FURTHER ANALYSIS.
The various data needed are:
Financial Statements - All financial statements shall be for the
offeror/prime contractor. The financial statements shall be for
the past five year period, specifically calendar years 2001, 2002,
2003, 2004 and 2005 (or the respective offeror’s fiscal year
periods that most closely correspond to those periods).
ONLY ONE COPY OF THE FINANCIAL STATEMENTS MUST BE
SUBMITTED (as part of the original proposal). Offerors are NOT
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required to provide additional copies of their financial statements
with the “copies” of their proposal that are submitted.
L.7.2.5 PRICE REALISM ANALYSIS
The government will review proposed software prices and labor rates
and proposed burden rates for price realism and assess for risk. In
order to perform the price realism analysis and transfer any negative
information into a performance risk category, the following information
is necessary and shall be provided by the offeror:
a.) Completed Section B of the contract.
b.) Clear description of the anticipated mix of labor (between prime
contractor/offeror and proposed subcontractors).
c.) Additionally, in accordance with AMS Provision 3.6.2-15 Evaluation
of Compensation for Professional Employees, ALL offerors shall
provide detailed cost data (to the extent described in AMS 3.6.2-15
and Section H.13 of the RFP) for each labor category for the prime
contractor and for each proposed subcontractor. The offeror may
choose to apply the same data (the guaranteed compensation for
professional employees) to their subcontractors as for the prime
contractor/offeror. If not, then the offeror must provide this data for
the prime contractor and for each proposed subcontractor. Keep in
mind that the contract will reflect only one fully burdened labor rate
for each labor category and the contractor will be allowed to bill only
this labor rate whether they provide a prime contractor resource or a
subcontractor resource for that labor category. As part of the data
submitted (per the requirements of AMS Clause 3.6.2-15) the offeror
SHALL provide a single figure (amount) for each labor category
included in Section B to show the total minimum compensation
(including salary, fringe benefits, and all payroll taxes) that will be
paid for each labor category. A description of the guaranteed fringe
benefits and specific payroll taxes covered is also required. For those
offerors that do not provide separate data for the prime
contractor/offeror and each proposed subcontractor, the resulting
contract will institute one set of Guaranteed Compensation rates that
shall be applicable to the prime contractor and each subcontractor.
The Government reserves the right to verify/follow-up on any
of the information presented by the offeror in the proposal.
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The Government may supplement the information provided in
the proposal through attainment of Dun and Bradstreet reports,
DCAA audits, available industry market rates for labor and
overhead, etc.
The offeror’s price/cost information is not limited as to page count.
L.8 FAA AMS Clauses
3.1-1 Clauses and Provisions Incorporated by Reference
(December 2005)
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: http://conwrite.faa.gov
(on this web page, select "Search and View Clauses").
3.1.7-4 Organizational Conflict of Interest SIR Provision
(March 2006)
3.2.2.3-1 False Statements in Offers (July 2004)
3.2.2.3-3 Affiliated Offerors (July 2004)
3.2.2.3-6 Submittals in the English Language (July 2004)
3.2.2.3-7 Submittals in U.S. Currency (July 2004)
3.2.2.3-11 Unnecessarily Elaborate Submittals (July 2004)
3.2.2.3-12 Amendments to Screening Information Requests
(July 2004)
3.2.2.3-14 Late Submissions, Modifications, and Withdrawals of
Submittals
(July 2004)
3.2.2.3-16 Restricting, Disclosing and Using (July 2004)
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3.2.2.3-17 Preparation of Offers (July 2004)
3.2.2.3-18 Prospective Offeror's Requests for Explanations
(July 2004)
3.2.2.3-19 Contract Award (July 2004)
3.2.2.3-75 Requests for Contract Information (July 2004)
3.2.4-1 Type of Contract (April 1996): Indefinite Quantity
Contract under which the government may issue
T&M/Labor Hour, Cost Reimbursable or FFP task orders.
3.2.4-25 Single or Multiple Awards (April 1996)
3.2.4-31 Evaluation of Options (April 1996)
3.2.5-2 Independent Price Determination (October 1996)
3.6.1-10 Evaluation of Contractor Participation in the FAA
Mentor-Protégé Program (January 1999)
3.6.2-7 Preaward On-Site Equal Opportunity Compliance
Review (November 1997)
3.9.1-3 Protest (November 2002)
THE FOLLOWING FAA AMS CLAUSE IS PROVIDED IN FULL TEXT:
3.6.2-15 Evaluation of Compensation for Professional
Employees (April 1996)
(a) Recompetition of service contracts may in some cases result in
lowering the compensation (salaries and fringe benefits) paid or
furnished professional employees. This lowering can be detrimental in
obtaining the quality of professional services needed for adequate
contract performance. It is therefore in the Government's best interest
that professional employees, as defined in 29 CFR 541, be properly
and fairly compensated. As part of their submittals, offerors will
provide a total compensation plan setting forth salaries and fringe
benefits proposed for the professional employees who will work under
the contract. The Government will evaluate the plan to assure that it
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reflects a sound management approach and understanding of the
contract requirements. This evaluation will include an assessment of
the offeror's ability to provide uninterrupted high-quality work. The
professional compensation proposed will be considered in terms of its
impact upon recruiting and retention, its realism, and its consistency
with a total plan for compensation. Supporting information will include
data, such as recognized national and regional compensation surveys
and studies of professional, public and private organizations, used in
establishing the total compensation structure.
(b) The compensation levels proposed should reflect a clear
understanding of work to be performed and should indicate the
capability of the proposed compensation structure to obtain and keep
suitably qualified personnel to meet mission objectives. The salary
rates or ranges must take into account differences in skills, the
complexity of various disciplines, and professional job difficulty.
Additionally, submittals envisioning compensation levels lower than
those of predecessor contractors for the same work will be evaluated
on the basis of maintaining program continuity, uninterrupted high-
quality work, and availability of required competent professional
service employees. Offerors are cautioned that lowered compensation
for essentially the same professional work may indicate lack of sound
management judgment and lack of understanding of the requirement.
(c) The Government is concerned with the quality and stability of the
work force to be employed on this contract. Professional compensation
that is unrealistically low or not in reasonable relationship to the
various job categories, since it may impair the Contractor's ability to
attract and retain competent professional service employees, may be
viewed as evidence of failure to comprehend the complexity of the
contract requirements.
(d) Failure to comply with these provisions may constitute sufficient
cause to justify rejection of a submittal.
(End of provision)
3.13-4 Contractor Identification Number—Data Universal
Numbering System (DUNS) Number (April 2006)
(a) Definitions. As used in this clause
"Contractor Identification Number," as used in this provision, means
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"Data Universal Numbering System (DUNS) number, which is a nine-
digit number assigned by Dun and Bradstreet Information Services, to
identify unique business entities (taken from CCR clause)
"Data Universal Numbering System +4 (DUNS+4) number" means the
DUNS number assigned by D&B plus a 4-character suffix that may be
assigned by a business concern. (D&B has no affiliation with this 4-
character suffix.) This 4-character suffix may be assigned at the
discretion of the business concern to establish additional CCR records
for identifying alternative Electronic Funds Transfer.
(b) Contractor identification is essential for receiving payment and
complying with statutory contract reporting requirements. Therefore,
the offeror shall provide its DUNS or DUNS+4 number below. The
DUNS number will be used by the Contracting Officer to verify that the
offeror is registered in the CCR database.
DUNS OR DUNS+4 NUMBER: _________________________
(c) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number
(i) If located within the United States, by calling Dun and Bradstreet at
1-866-705-5711 or via the Internet at http://www.dnb.com/; or
(ii) If located outside the United States, by contacting the local Dun
and Bradstreet office.
(2) The offeror should be prepared to provide the following
information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is
commonly recognized.
(iii) Company Physical Street Address, City, State, and ZIP Code.
(iv) Company Mailing Address, City, State and ZIP Code (if different
from physical street address).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship
within your entity).
(End of provision)
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SECTION M
EVALUATION FACTORS FOR AWARD
M.1 SIR Process Description
This RFP will solicit proposals on a full and open competitive basis for this requirement,
for the FAA’s Investment Management Tool. Following initial screening of proposals for
completeness and accuracy as well as adherence to the noted page limitations, the
proposals will be assigned to government teams for Technical, Past Performance and
price/cost evaluation. The teams will also make an assessment for each proposal with
respect to risk and offeror responsibility. In the risk assessment portion of the evaluation
the FAA may consider any and all risks (those related to technical, cost, past performance
or other related issues) that are revealed through evaluation of the offeror’s proposal. The
FAA reserves the right to make positive as well as negative risk assessments (e.g., should
an offeror propose a solution that lowers technical or cost risk in some manner). The
results of these evaluations will be forwarded to the Source Selection Official (SSO).
Award will be made to that offeror with the lowest evaluated cost/price whose proposal is
considered technically acceptable (including as relates to all risk assessment issues).
M.2 Basis for Award/Evaluation Criteria
Award will be made to the responsible offeror whose proposal is evaluated as having the
lowest evaluated cost/price and whose proposal is considered technically acceptable
(including technical evaluation, past performance evaluation and assessed risk).
With respect to the technical evaluation (determination as to whether a proposal is
“technically acceptable or not), the following factors will be considered:
Proposal Information SCORED OR PASS/FAIL
VOLUME 1 – Technical
Factor A-1: Technical Approach PASS/FAIL
Factor A-2: Test of Commerciality PASS/FAIL
Factor B – Past Performance PASS/FAIL
Proposals must receive a “passing grade” for each of the “factors” shown above (A-1, A-
2, and B).
With respect to Factor A-1, Technical Approach, an offerors proposal will be considered
acceptable as long as the proposal demonstrates that the offeror meets at least 90% of the
functional requirements defined in the specification and as long as all “Mandatory”
functional requirements are met. Mandatory versus nonmandatory requirements are
identified in Attachment J-5, List of Mandatory Versus Non-Mandatory Requirements.
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With respect to Factor A-2, an offeror’s proposal will be considered acceptable as long as
the offeror clearly describes and explains how the “commercial products” proposed for
this requirement have been sold to and are being used by at least two other Federal
agencies who have used the product for “data interchange and reporting for IT initiative
business case oversight, development and approval and electronic OMB reporting,” and
that each of these agencies have used the proposed products in relation to two of their
major and 5 of their non-major initiatives. An offeror's proposal must receive an overall
"passing grade" for “Test of Commerciality” in order for their proposal to be considered
"acceptable" overall. For those offerors whose proposed product is currently being used
by only one other federal agency, the FAA may consider that the proposal meets the
“Test of Commerciality” if: (a) the Past Performance Reference from the respective
Federal Agency reflects a high level of satisfaction with the product on most issues
addressed in the Past Performance Questionnaire (i.e., “good performance” as opposed to
simply acceptable); and (b) the offeror’s proposal presents risk mitigation strategies
relative to implementation and configuration issues.
With respect to Sub-Factor B, a single negative Past Performance rating (from one of the
offeror's customers) will be considered adequate to rank an offeror as FAILING with
respect to Past Performance. Furthermore, the FAA reserves the right to find a reference
to be “negative) as follows:
- An “unsatisfactory” rating on any one of the questions on the Past Performance
Questionnaire may result in a failing grade.
- “Marginal” ratings on at least three of the questions on the Past Performance
Questionnaire may be considered adequate data to rank that reference as a
“negative” reference.
An offeror's proposal must receive an overall "passing grade" for Past Performance in
order for their proposal to be considered "acceptable" overall.
M.3. Intial Screening Process
M.3.1 Proposal Review and Evaluation
The Government will initially screen all proposals for completeness and accuracy and
adherence to the noted page limitations. Only those proposals passing the initial
screening will be forwarded to the evaluated teams for further consideration.
M.3.2 INITIAL PROPOSAL SCREENING
M.3.2.1 Proposals will be evaluated to ascertain whether proposals exceed the specified
page limitations.
M.3.2.2. Completeness – Proposals will be reviewed for completeness Each proposal
package will be reviewed for the following:
- one original proposal and four complete hard copies of the proposal; and two labeled
media copies of the proposal;
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- completed cost proposal “B Tables” in the format provided;
- proposed guaranteed compensation for each labor category (pursuant to AMS provision
3.6.2-15, Evaluation of Compensation for Professional Employees;
- financial statements for five years as specified in Section L; and
- A Completed “Cost Template”, Attachment J-1.
At the FAA’s discretion, incomplete proposals may be rejected.
Following the initial proposal screening process, remaining proposals will be evaluated,
scored and analyzed in the Evaluation Process.
M.4.0. Evaluation Process
All proposals remaining after the initial proposal screening process of M.3.2. will be
evaluated, scored and analyzed as described at M.2.
M.4.1. PAST PERFORMANCE (Factor B)
The Offeror’s past performance submission shall consist of:
(a) a completed “Previous Contracts List” using the format provided in
Attachment J-1 to document past performance experience on other contracts;
(b) A completed Past Performance Questionnaire Record.
The offeror shall use the “Previous Contracts List” (Attachment J-1), to provide a listing
of at least two contracts, but no more than five, that are currently being performed (for
more than 6 months) or that have been completed within the last two years. The Offeror
shall have customer-provided performance information (surveys) submitted on these
different contracts (at least two). Providing documentation (J-1 and J-3 information) and
past performance references from more than two sources may result in a positive impact
for the risk assessment of that proposal. For example, should an offeror provide more
than two Past Performance references and one of those references is negative (i.e, a
negative Past Performance Survey submission from the customer) the government may
consider multiple positive past performances references as mitigation of the one negative
past performance reference. The more positive references received, the more potential
for such positive references to act as mitigation of a negative reference.
The offeror is required to have customer information submitted concerning the offeror's
past performance. To do so, the offeror shall submit an “EVALUATION SURVEY OF
CONTRACTOR’S PAST PERFORMANCE FORM”, Attachment J-3 to each of their
customers identified in the “Previous Contracts List” (Attachment J-1). The offeror shall
encourage each customer to complete the questionnaire and submit it - via e-mail -
directly to the Government's contracting officer at: Jim.McNulty@faa.gov.
The Offeror is responsible for exerting its “best efforts” to ensure customers submit
completed past performance questionnaires directly to the Government no later than the
proposal submission due date. Offerors are cautioned that failure to demonstrate
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“best efforts” may result in an unsatisfactory rating for this component of past
performance. The offeror shall use the "Past Performance Questionnaire Record Form”,
Attachment J-2, to document "best efforts" follow up with each customer listed on the
“Previous Contracts List” (Attachment J-1) to encourage completion and timely
submission of the past performance questionnaires to the Government.
The offeror shall submit as a part of its proposal, a “Past Performance Questionnaire
Record" in the format shown in Attachment J-2, one form for each questionnaire
distributed. The Government may conduct follow up discussions and/or verifications
with any of the people identified in the Past Performance Questionnaire Record. The
information contained in the past performance questionnaires will be considered
sensitive and will not be released to offerors. The Government reserves the right to
solicit Past Performance information from other sources as well (the offerors’ other
customers who may not be included on the offeror’s list of previous contracts).
M5. PROPASAL RISK
(a) The Proposal Risk assessment focuses on the cost and technical risks
with an offeror’s proposed approach and includes an assessment of the potential for
disruption of schedule, increased cost, degradation of performance, and the need for
increased Government oversight, as well as the likelihood of unsuccessful contract
performance. Any identified risk that is considered serious enough may be adequate
rationale to conclude that an offeror’s proposal is not “technically acceptable.” Risk
mitigation factors may be considered as well (e.g., as potentially off-setting what would
otherwise appear to be an unacceptable technical proposal).
M.6 COST/PRICE
Offerors’ cost proposals will be evaluated as follows:
(a) Review for completeness and analysis of financial records/information to determine
relative financial health of the contractor and each manufacturer from whom
commercial software is proposed. This may involve typical ratio analyses per
normal accounting practices to measure the financial strength of a company
submitting a proposal. The government reserves the right to assess risk for any
instance where an offeror may be considered “responsible” but still representing a
cost risk with respect to financial stability.
(b) Overall evaluated price/cost for each offeror will consider the proposed CLIN prices
in aggregate (in the quantities noted). For evaluation purposes only, the government
has specified anticipated quantities for each CLIN (reference the attached template
which offerors are required to complete and submit with their proposal).
(c) Cost Realism and Reasonableness and Cost Balance. For evaluation of Price
Reasonableness and Realism, the FAA will compare the relative price of the proposal (
as per the Cost Template-Attachment J-1), and individual CLIN prices in each respective
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proposal. With respect to cost realism, the FAA would not want to find itself in the
position of having a contractor that is unable to provide the specified software or
services at the contractually specified prices. Apparently unrealistically low proposed
prices may be considered a risk.
The cost balance analysis will review the costs within the proposal and measure whether
they are front or rear “loaded” or are not adequate in the out years to provide continuity
of service. This analysis is intended to identify relatively low proposed prices in the
base period and ballooning rates in the out years and vice verse, as well as identify any
unusual disparity of prices between CLINs. The FAA reserves the right to evaluate
apparently unbalanced proposals as a cost risk.
The government will evaluate the data submitted relative to Guaranteed Compensation
for Professional Employees as part of the cost realism evaluation process and reserves
the right to make risk assessments as appropriate.
(d) Evaluation Quantities. For evaluation purposes only, the government will use the
following quantities for each CLIN (for the base contract period and for each option
period):
EVALUATION
DESCRIPTION QUANTITY
Server Software 1
Client Software 250
Software Maintenance See below
Sr. Product Usage
Consultant 120
Senior Manager 50
Sr. Product Implementer 480
Sr. Portfolio Mgt Office Ops 480
Portfolio Mgt Office
Operator 640
Sr. Data Exchange
Programmer 600
Senior Trainer 280
Administrative Handling
Rate $25,000
The evaluation quantities are for evaluation purposes only. With respect to software
maintenance, the evaluation quantity is the extended price of the Server Software and the
Client Software CLINs combined (as proposed by the offeror). The government does
NOT guarantee to purchase these quantities after contract award. The Government
commits itself to only the guaranteed minimum quantity.
M.7 ADDITIONAL DOWN-SELECTS AND/OR BEST AND FINAL OFFERS
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The government may request BAFOs at its discretion. The government may make
one or more down-selections during this RFP evaluation process. Should the
government elect to request revised offers or Best and Final Offers (BAFOs) such
requests may be made only to those offerors that are down-selected for further
consideration (pursuant to the evaluation criteria of this solicitation).
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