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TFM-2 DRAFT SIR Section I
PART II - SECTION I: CONTRACT CLAUSES
I.1 FAAAMS 3.1-1, CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE
(JULY 2011)
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.
(End of clause)
Clause Number and Clause Title
| 3.1.7-2 | Organizational Conflicts of Interest (August 1997) | |
| 3.1.7-4 | Organizational Conflict of Interest – Mitigation Plan Required (April 2012) | |
| 3.1.7-5 | Disclosure of Conflicts of Interest (March 2009) | |
| 3.1.8-1 | Cancellation, Rescission and Recovery of Funds for Illegal or Improper | |
| Activity (October 2009) | ||
| 3.1.8-2 | Price or Fee Adjustment for Illegal or Improper Activity (April 2010) | |
| 3.1.9-1 | Electronic Commerce and Signature (July 2013) | |
| 3.2.2.3-8 | Audit and Records (July 2010) | |
| 3.2.2.3-25 | Reducing the Price of a Contract or Modification for Defective Cost or Pricing | |
| Data (October 2011) | ||
| 3.2.2.3-27 | Subcontractor Cost or Pricing Data (July 2004) | |
| 3.2.2.3-30 | Termination of Defined Benefit Pension Plans (July 2004) | |
| 3.2.2.3-31 | Facilities Capital Cost of Money (July 2004) | |
| 3.2.2.3-33 | Order of Precedence (March 2009) | |
| 3.2.2.3-36 | Reversing or Adjusting of Plans for Postretirement Benefits Other Than Pensions | |
| (PRB) (July 2004) | ||
| 3.2.2.3-39 | Requirements for Certified Cost or Pricing Data or Other Information – | |
| Modifications (July 2010) | ||
| 3.2.2.7-6 | Protecting the Government’s Interest When Subcontracting with Contractors | |
| Debarred, Suspended, or Proposed for Debarment (April 2011) | ||
| 3.2.2.7-8 | Disclosure of Team Arrangements (April 2008) | |
| 3.2.3-2 | Cost Accounting Standards (October 2011) | |
| 3.2.3-5 | Administration of Cost Accounting Standards (April 1996) | |
| 3.2.4-5 | Allowable Cost and Payment (October 2012) | |
| 3.2.4-6 | Fixed Fee (January 2011) | |
| 3.2.4-8 | Incentive Fee (April 1996) | |
| 3.2.4-20 | Indefinite Quantity (July 1996) | |
| 3.2.4-27 | Limitation of Price and Contractor Obligations (April 1996) | |
| 3.2.4-28 | Cancellation of Items (April 1996) | |
| 3.2.4-34 | Option to Extend Services | |
| (April 1996) | ||
| 3.2.5-1 | Officials Not to Benefit (April 1996) | |
| 3.2.5-2 | Independent Price Determination (October 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 2010) | |
| 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 (October 2010)
| 3.2.5-8 | Whistleblower Protection for Contractor Employees (April 1996) | |
| 3.2.5-13 | Contractor Code of Business Ethics and Conduct (April 2010) | |
| 3.2.5-14 | Display of Hotline Poster(s) (April 2008) | |
| 3.3.1-5 | Payments Under Time-and-Material and Labor-Hour Contracts (May 2001) | |
| 3.3.1-5 | Alternate III Payments Under Time-and-Material and Labor-Hour Contracts | |
| (April 2012) | ||
| 3.3.1-6 | Discounts for Prompt Payment (May 1997) | |
| 3.3.1-8 | Extras (May 1997) | |
| 3.3.1-9 | Interest (September 2009) | |
| 3.3.1-10 | Availability of Funds (April 2014 | |
| 3.3.1-11 | Availability of Funds for the Next Fiscal Year (April 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 (April 2012) | |
| 3.3.1-20 | Providing Accelerated Payments to Small Business |
Subcontractors (October 2012)
| 3.3.1-33 | System for Award Management (August 2012) |
| 3.3.1-34 | Payment by Electronic Funds Transfer – System for Award |
Management (August 2012)
| 3.3.1-38 | Unenforceability of Unauthorized Obligations (April 2014) | |
| 3.3.2-1 | FAA Cost Principles (October 1996) | |
| 3.3.2-2 | Reimbursement for Travel and Subsistence (April 2010) | |
| 3.4.1-10 | Insurance – Work on a Government Installation (July 1996) | |
| 3.4-1-11 | Insurance – Liability to Third Persons (June 1999) | |
| 3.4.1-12 | Insurance (July 1996) | |
| 3.4.1-13 | Errors and Omissions (July 1996) | |
| 3.5-1 | Authorization and Consent (January 2009) | |
| 3.5-2 | Notice and Assistance Regarding Patent and Copyright Infringement | |
| (January 2009) | ||
| 3.5-6 | Royalty Information (January 2009) | |
| 3.5-10 | Patent Rights – Ownership by the Contractor (January 2009) | |
| 3.5-13 | Rights in Data – General (January 2009) Alternate V (January 2009) | |
| 3.5-15 | Additional Data Requirements (January 2009) | |
| 3.5-16 | Rights in Data – Special Works (January 2009) | |
| 3.5-18 | Commercial Computer Software License (January 2009) | |
| 3.5-20 | Technical Data Declaration, Revision, and Withholding of Payment – Major | |
| Systems (January 2009) | ||
| 3.5-22 | Major System – Minimum Rights (January 2009) | |
| 3.6.1-3 | Utilization of Small, Small Disadvantaged and Woman-Owned, and Service- | |
| Disabled Veteran Owned Small Business Concerns (March 2009) | ||
| 3.6.1-4 | Small, Small Disadvantaged, Women-Owned and Service-Disabled Veteran | |
| Owned Small Business Subcontracting Plan (August 2012) | ||
| 3.6.1-6 | Liquidated Damages – Subcontracting Plan (January 2010) | |
| 3.6.1-15 | Post-Award Small Business Program Re-representation (April 2011) | |
| 3.6.2-2 | Convict Labor (April 1996) | |
| 3.6.2-5 | Certification of Nonsegregated Facilities (March 2009) | |
| 3.6.2-9 | Equal Opportunity (August 1998) | |
| 3.6.2-10 | Equal Opportunity Preaward Clearance of Subcontracts (November 1997) | |
| 3.6.2-12 | Equal Opportunity for Veterans (January 2011) | |
| 3.6.2-13 | Affirmative Action for Workers With Disabilities (October 2010) | |
| 3.6.2-14 | Employment Reports on Veterans (January 2011) | |
| 3.6.2-28 | Service Contract Act of 1965, as Amended (October 2010) | |
| 3.6.2-35 | Prevention of Sexual Harassment (August 1998) | |
| 3.6.2-39 | Trafficking in Persons (January 2008) | |
| 3.6.2-40 | Nondisplacement of Qualified Workers (April 2009) | |
| 3.6.2-41 | Employment Eligibility Verification (September 2009) | |
| 3.6.2-44 | Notification of Employee Rights Under the National Labor Relations | |
| Act (January 2012) | ||
| 3.6.3-16 | Drug Free Workplace (March 2009) | |
| 3.6.3-17 | Efficiency in Energy-Consuming Products (July 2013) | |
| 3.6.3-20 | IEEE 1680 Standards for Environmental Assessment of Electronic Products | |
| (July 2013) | ||
| 3.6.4-2 | Buy American Act – Supplies (July 2010) | |
| 3.6.4-5 | Buy American – Steel and Manufactured Products (July 2010) | |
| 3.6.4-8 | Buy American Act – NAFTA Implementation Act – Balance of Payments | |
| Program (January 2011) | ||
| 3.6.4-10 | Restrictions on Certain Foreign Purchases (January 2010) | |
| 3.6.4-21 | Export Control (April 2014) | |
| 3.6.5-1 | Utilization of Indian Organizations and Indian Owned Economic Enterprises | |
| (March 2009) | ||
| 3.8.2-10 | Protection of Government Buildings, Equipment, and Vegetation (April 1996) | |
| 3.8.2-11 | Continuity of Services (October 2008) | |
| 3.8.2-22 | Substitution or Addition of Personnel (October 2006) | |
| 3.8.4-5 | Government Supply Sources (April 1996) | |
| 3.9.1-1 | Contract Disputes (October 2011) | |
| 3.9.1-2 | Protest After Award (August 1997) | |
| 3.10.1-1 | Notice of Intent to Disallow Costs (April 1996) | |
| 3.10.1-3 | Penalties for Unallowable Costs (October 1996) | |
| 3.10.1-7 | Bankruptcy (April 1996) | |
| 3.10.1-9 | Stop-Work Order – Alternate I (October 1996) | |
| 3.10.1-13 | Changes – Cost Reimbursement – Alternate II (April 1996) | |
| 3.10.1-14 | Changes – Time and Materials or Labor Hours (April 1996) | |
| 3.10.1-22 | Contracting Officer’s Representative (April 2012) | |
| 3.10.1-24 | Notice of Delay (March 2009) | |
| 3.10.1-25 | Novation and Change-of-Name Agreements (October 2007) | |
| 3.10.1-26 | Contractor Performance Assessment Reporting System (April 2013) | |
| 3.10.2-2 | Subcontracts (Cost-Reimbursement and Ceiling Priced Contracts (October 1996) | |
| 3.10.2-3 | Subcontracts (Time-and-Materials and Labor Hour Contracts) (April 1996) | |
| 3.10.2-5 | Competition in Subcontracting (January 1998) | |
| 3.10.2-6 | Subcontracts for Commercial Items and Commercial Components (April 1996) | |
| 3.10.3-1 | Definitions (April 2012) | |
| 3.10.3-2 | Government Property – Basic Clause (April 2012) | |
| 3.10.3-2 | Alternate II Government Property – Basic clause (April 2004) | |
| 3.10.6-3 | Termination (Cost-Reimbursement) (October 2011) | |
| 3.10.6-3 | Alternate IV – Termination (Cost Reimbursement) (October 1996) | |
| 3.10.6-7 | Excusable Delays (October 1996) | |
| 3.11-34 | FOB Destination (April 1999) | |
| 3.13-3 | Printing or Copying Double-Sided on Postconsumer Fiber Content Paper | |
| (January 2012) | ||
| 3.13-5 | Seat Belt Use by Contractor Employees (October 2001) | |
| 3.13-11 | Plain Language (July 2006) | |
| 3.13-13 | Contractor Policy to Ban Text Messaging While Driving (January 2011) | |
| 3.13-14 | Reporting Executive Compensation and First-Tier Subcontract Awards | |
| (October 2012) | ||
| 3.14-3 | Foreign Nationals as Contractor Employees (April 2014) | |
| 3.14-5 | Sensitive Unclassified Information (SUI) (July 2013) |
1.13-2 Earned Value Management System (January 2013)
(a) The Earned Value Management System (EVMS)is a management tool that provides for integrating technical, cost and schedule information about contract performance. This information enables the FAA (we) and contractor program managers to manage contracts more effectively. Industry standard American National Standard ANSI/EIA -748-B specifies the EVMS criteria that are incorporated by reference into this clause.
(b) The Contractor (you/your) must use an EVMS complying with American National Standard ANSI/EIA-748-B that the FAA Contracting Officer (CO) or the contracting officer from another federal agency certified before contract award. If you do not have a certified EVMS in place at the time of award, you must provide the CO with your plan to create an EVMS that complies with American National Standard ANSI/EIA-748-B before award and implement the system within 90 days after award.
(c) Approved subcontractor EVM plans:
(1) The CO must approve subcontractor EVMS plans before they begin work. The CO has approved the following subcontractor EVMS systems.
[CO to insert name of approved subcontractor and EVMS plan here] [CO to insert name of approved subcontractor and EVMS plan here]
(2) You must require subcontractors listed in the contract and subject to EVMS certification to comply with this clause, paragraphs (a) and (b).
(d) You must submit an Integrated Program Management Report (IPMR) prepared under [Contracting Officer to insert reference to location of the applicable DID DI-MGMT-81861 that specifies the contract's reporting requirements. The CO may request customized earned value management reports but at a minimum contractors must submit DID Formats 1, 3 and 5].
(e) You must obtain approval for EVMS system revisions consistent with the EVM system change process approved with the EVM certification or similar agreement, i.e., EVM Advance Agreement, with the controlling certification approval or acceptance party.
(f) You must participate in FAA EVM Surveillance and provide access to all pertinent records and data requested by the CO so the we can verify that your EVMS complies with the criteria specified in subparagraph (b) at the time of award and throughout contract performance consistent with the FAA EVMS Guide.
(End of clause)
1.13-6 Contractor Integrated Baseline Review (January 2013)
(a) The Contractor (you) must participate in a Government-conducted Integrated Baseline Review (IBR) with acceptable action plans approved by the Contracting Officer within 180 days after contract award or after executing major contract modifications (as determined by the CO).
(b) The IBR will be conducted consistent with the NDIA Integrated Baseline Review (IBR) Guide.
3.1.7-6 Disclosure of Certain Employee Relationships (July 2009)
(a) The policy of the FAA is to avoid doing business with contractors, subcontractors, and consultants who have a conflict of interest or an appearance of a conflict of interest. The purpose of this policy is to maintain the highest level of integrity within its workforce and to ensure that the award of procurement contracts is based upon fairness and merit.
(b) The contractor must provide to the Contracting Officer the following information with its proposal and must provide an information update within 30 days of the award of a contract, any subcontract, or any consultant agreement, or within 30 days of the retention of a Subject Individual or former FAA employee subject to this clause:
(1) The names of all Subject Individuals who:
(i) participated in preparation of proposals for award; or
(ii) are planned to be used during performance; or
(iii) are used during performance; and
(2) The names of all former FAA employees, retained by the contractor who were employed by FAA during the two year period immediately prior to the date of:
(i) the award; or
(ii) their retention by the contractor; and
(3) The date on which the initial expression of interest in a future financial arrangement was discussed with the contractor by any former FAA employee whose name is required to be provided by the contractor pursuant to subparagraph (2); and
(4) The location where any Subject Individual or former FAA employee whose name is required to be provided by the contractor pursuant to subparagraphs (1) and (2), are expected to be assigned.
(c) "Subject Individual" means a current FAA employee's father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, spouse of an in-law, or a member of his/her household.
(d) The contractor must incorporate this clause into all subcontracts or consultant agreements awarded under this contract and must further require that each such subcontractor or consultant incorporate this clause into all subcontracts or consultant agreements at any tier awarded under this contract unless the Contracting Officer determines otherwise.
(e) The information as it is submitted, must be certified as being true and correct. If there is no such information, the certification must so state.
(f) Remedies for nondisclosure: The following are possible remedies available to the FAA should a contractor misrepresent or refuse to disclose or misrepresent any information required by this clause:
(1) Termination of the contract.
(2) Exclusion from subsequent FAA contracts.
(3) Other remedial action as may be permitted or provided by law or regulation or policy or by the terms of the contract.
(g) Annual Certification. The contractor must provide annually, based on the anniversary date of contract award, the following certification in writing to the Contracting Officer:
ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS
The contractor represents and certifies that to the best of its knowledge and belief that during the prior 12 month period:
[ ] A former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement and complete disclosure has been made in accordance with subparagraph (b) of AMS Clause 3.1.7-6.
[ ] No former FAA employee(s) or Subject Individual(s) has been retained to work under the contract or subcontract or consultant agreement, and disclosure required by AMS Clause 3.1.7-6 is not applicable.
Authorized Representative Company Name Date
3.2.1.5-4 Continuity of Services - Mission Critical Contracts (January 2008)
(a) The contractor recognizes that the supplies and/or services under this contract are critical to FAA and must be continued without interruption during times of National Emergency or Incidents of National Significance. Supplies and/or services to be continued without interruption are:
[Description to be entered by Contracting Officer] MUST insert appropriate language here.
(b) National Emergencies or Incidents of National Significance include:
| (1) Outbreak of pandemic influenza or infectious disease; |
| (2) Terrorist attack; and |
| (3) Natural disaster. |
(c) Because the supplies and/or services under this SIR or contract are deemed critical by FAA, the contractor must make every reasonable effort to deliver these supplies and/or services per the contract requirements during times of National Emergency or Incidents of National Significance; however, the presence of this clause does not affect or diminish the Contractor's rights under Default or Termination clauses incorporated into this SIR or contract.
(d) Within [Number of days to be entered by Contracting Officer] days after award, the contractor must submit a Continuity of Contract Performance Plan to the Contracting Officer (CO) for review and acceptance. This plan describes the processes and tools that the contractor will commit to ensure supplies and/or services are delivered as required during times of National Emergency or Incidents of National Significance. This plan must include the following sections:
(1) Plans and Procedures: Detail the plans and procedures in place that will provide for continued contract performance for supplies and/or services during times of National Emergencies or Incidents of National Significance;
(2) Essential Functions: Record functions that are essential to the continuation of mission critical contract performance;
(3) Delegations of Authority, Planned Order of Succession, and Cross-Training: Procedures in place to ensure personnel are available to make key decisions and perform critical services when primary personnel are unavailable;
(4) Alternate Operating Facilities: When the primary facility is unavailable, detail plans to make available other facilities unaffected by the National Emergency or Incident of National Significance. If contract performance allows, this may include alternatives such as telecommute;
(5) Interoperable and Effective Communications: Identify alternate communication systems if primary systems are unavailable;
(6) Critical Records or Data: Identify plans in place to ensure critical records and data are still available to ensure the integrity of contract performance;
(7) Protection of Human Capital: Identify comprehensive plans to protect the overall health and welfare of the workforce in times of National Emergency or Incidents of National Significance;
(8) Testing and Training of the Plan: Detail comprehensive testing and training of the plan to improve the execution of contract performance in times of National Emergency or Incidents of National Significance;
(9) Devolution of Control and Direction: Identify plans and the ability to transfer authority and responsibility of essential functions from the primary location to other sites and employees; and
(10) Reconstitution and Resuming Normal Operations: Identify procedures and processes to expedite the return of contract performance and operations to their normal state.
(e) The Continuity of Contract Performance Plan must be made available by the contractor to all authorized contractor personnel with a "need-to-know" for review and use during the term of the contract.
(f) The Continuity of Contract Performance Plan must be updated as needed.
(End of Clause)
3.2.2.3-37 Notification of Ownership Changes (July 2004)
(a) The Contractor (you) must notify FAA in writing within 30 days when you become aware that a change in ownership has occurred or will occur and that the change could affect the value of your capitalized assets in the accounting records, asset valuations, or cause any other cost changes.
(b) You must:
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the Contracting Officer (CO) access to the records on request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of your ownership changes; and
(4) Retain and maintain depreciation and amortization schedules based on the asset records maintained before each ownership change.
(c) You must include the substance of this clause in all subcontracts under this contract with a value exceeding $1,000,000 and that require cost and price data.
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 within the limits of the schedule of CLINs in Section B; 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 12 years.
3.5-3 Alternate I - Patent Indemnity (January 2009)
(a) The Contractor must indemnify the Government and its officers, agents, and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as construction work) under this contract, or out of the use or disposal by or for the account of the Government of such supplies or construction work.
(b) This indemnity must not apply unless the Contractor must have been informed as soon as practicable by the Government of the suit or action alleging such infringement and must have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity must not apply to
(1) An infringement resulting from compliance with specific written instructions of the Contracting Officer directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the contract not normally used by the Contractor;
(2) An infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance; or,
(3) A claimed infringement that is unreasonably settled without the consent of the Contractor, unless required by final decree of a court of competent jurisdiction.
(c) This patent indemnification must not apply to the following items: specially developed software developed by the contractor pursuant to the terms of this contract.
3.6.1-9 Mentor Protégé Program (April 2014)
(a) Large and small businesses are encouraged to participate in the FAA pilot Mentor-Protégé program for the purpose of providing developmental assistance to eligible protégé entities to enhance their capabilities and increase their participation in FAA contracts.
(b) The pilot program consists of:
(1) Mentor firms, which are large prime contractors or eligible small businesses capable of providing developmental assistance;
(2) Protégé firms, which include socially and economically disadvantaged businesses, service-disabled veteran-owned small businesses, historically black colleges and universities, minority educational institutions, and woman-owned small businesses; and
(3) Mentor-Protégé agreements, approved by the Contracting Officer and the Small Business Program Development Group.
(c) Mentor participation in the program means providing technical, managerial, and financing assistance to aid protégés in developing requisite high-tech expertise and business systems to compete for and successfully perform FAA contracts and subcontracts.
(d) For further information, contractors interested in participating in the pilot program are encouraged to contact the FAA Small Business Program Development Group at:
Federal Aviation Administration Washington Headquarters 800 Indepenence Avenue, SW Room 432 Attn: Marcus Benefield, Management/Program Analyst Small Business Development Program Group (ACQ-021)
(202) 267-3293
3.6.2-17 Payment for Overtime Premiums (April 1996)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed __________ *[insert amount] or the overtime premium is paid for work--
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;
(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;
(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or
(4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--
(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;
(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;
(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and
(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.
*[insert either "zero" or the dollar amount agreed to during communications. The inserted figure does not apply to the exceptions in subparagraph (a)(1) through (a)(4) of the clause.]
3.10.1-27 Alternate I Changes - Increases to Contract Ceiling (April 2013)
(a) In addition to the rights provided in other Changes clauses contained in this contract, the Contracting Officer may order additional goods and services within the general technical scope of the contract and may consequently increase the value of this contract up to an amount not to exceed 50% of the total contract ceiling amount.
(b) Contract modifications to implement this clause including additional CLINS, contract term duration extensions and statement of work additions shall be considered within the scope of the initial award and will not require the processes identified in T.3.2.2.4 - Single Source.
(End of Clause)
3.10.4-21 Requirements for Software Measures (April 2012)
(a) Software Measurements Plan
(1) Draft.
(i) Content. The Contractor shall provide a draft software measurements plan for collecting and reporting software measurement data. The plan shall include the following:
| (A) a measurement definition; | |
| (B) the measurement approach ; | |
| (C) how data will be collected; | |
| (D) measurement methodologies; | |
| (E) how the data will be utilized in the Contractor's internal management of the program; | |
| (F) issues to be addressed; | |
| (G) the measures to be utilized; | |
| (H) an estimation methodology; | |
| (I) the method used to measure actual data; | |
| (J) the data reporting format and associated mechanism | |
| (K) a description of any tools utilized; | |
| (L) points of contact and responsibilities; | |
| (M) organizational communications and interfaces. |
(ii) Approval. The Contractor shall submit the plan to the Contracting Officer for review and approval within ** days after date of award. The Contracting Officer will notify the Contractor of the approval or rejection of the plan within ** days after receipt.
(iii) Substitute Measures. In the event that an FAA-specified measure is unavailable, the Contractor shall request a substitution in its plan. The request shall identify the substitute software measure with a data definition, rationale for the change, a description of how this measure addresses the identified issue, and a description of how this measure will be used internally. The proposed substitute software measure shall be readily available from the Contractor's software development process.
(2) Modifying the Approved Plan. After the draft software measurements plan is approved by the Contracting Officer, the Contractor shall not modify the approved plan without the prior review and approval of the Contracting Officer. The Contractor shall notify the Contracting Officer immediately of a proposed change to the software measurement parameters defined in the approved plan and provide an updated plan in writing to the Contracting Officer within 30 days of the change. The updated plan shall document the proposed changes, such as those related to definitions, estimation methodologies, or actual measurement approaches. The updated plan requires approval by the Contracting Officer.
(b) Monthly Reports. The Contractor shall submit a monthly progress report on actual data collected during the previous calendar month related to the software development. The report shall address each data item at the specified collection level on each software measure specified in the plan and use the same measurement methodology specified in the plan. The Contractor shall not report data as actuals, until the criteria for counting actuals has been successfully met. The Contractor shall submit this report to the Contracting Officer on a monthly basis, within 30 days after the data is collected.
(c) Contractor Access. The Contracting Officer may require access at reasonable times to contractor personnel, contract software records and processes from time to time to gather or validate information related to the software that is not otherwise provided under the contract. The access could be for the purpose of interviewing contractor personnel, conducting audits of the software development processes and practices, and performing other examinations related to the software development or software measures. In these instances, the Contractor shall also provide explanations and rationale for changes, answer questions, and provide clarifications regarding the measurement process and associated data and information to the product team members engaged in administering the contract. The Contractor shall contact the Contracting Officer in the event of requested access that appears to be inappropriate or unreasonable.
** Contracting Officer to insert information.
3.14-2 Contractor Personnel Suitability Requirements (October 2012)
(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 FAA Order 1600.72A, appendix A.
(b) Consistent with FAA Order 1600.72A, the FAA Servicing Security Element (SSE) has approved designated risk levels for the positions under the contract. Those designated risk levels are:
[To be entered by the CO based on the OPM Position Designation Automated Tool or 1600-77(s) approved by the SSE]
(c) If a National Agency Check with Inquiries (NACI) or other investigation is required under paragraph (b) for a given position, the contractor will submit to the Contracting Officer (CO) a point of contact (POC) that will enter applicant data into the Vendor Applicant Process (VAP) system (vap.faa.gov). VAP is a FAA system used to process and manage security information for FAA contractor personnel. Each contract may have up to 5 POCs. Once designated, a VAP administrator will provide each POC a Web ID and password.
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. The contract may include positions that are temporary, seasonal, or under escort only. In such cases, an OPM Position Designation or FAA Form 1600-77 for each specific position will be established as the investigative requirements may differ from the NACI.
The following information must be entered into VAP by the POC for each applicant requiring an investigation:
- Name;
- Date and place of birth (city and state);
- Social Security Number (SSN);
- Position and office location;
- Contract number;
- Current e-mail address and telephone number (personal or work); and
- Any known information regarding current security clearance or previous investigations (e.g. the name of the investigating entity, type of background investigation conducted, contract number, labor category (Position), and approximate date the previous background investigation was completed).
If a prior investigation exists and there has not been a 2 year break in service by the applicant, the SSE will notify the contractor that no investigation is required and that final suitability is approved.
If no previous investigation exists, the SSE will send the applicant an e-mail (this step may be delegated to VAP POC):
- Stating that no previous investigation exists and the applicant must complete a form through the Electronic Questionnaires for Investigations Processing (eQIP) system;
- Instructing the applicant how to enter and complete the eQIP form;
- Providing where to send/fax signature and release pages and other applicable forms; and
- Providing instructions regarding fingerprinting.
The applicant must complete the eQIP form and submit other required material within 15 days of receiving the e-mail from the SSE.
For items to be submitted outside eQIP, the contractor must submit the required information, referencing the contract number, to:
Headquarters Contracts:
Manager, Personnel Security Division, AIN-400 800 Independence Avenue, S.W., Room 315 Washington, D.C. 20591
Regional and Center Contracts:
[CO insert appropriate Regional or Center information here or enter "none" if not applicable]
(d) The contractor must submit the information required by paragraph (c) of this Clause for any new employee not listed in the Contractor's initial submission who is hired into any position identified in paragraph (b) of this Clause.
(e) The CO 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. Once action has been taken, the contractor will report the action to the CO and SSE.
(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) The contractor must notify the CO within one (1) business day after any employee identified pursuant to paragraph (c) of this Clause is terminated from performance on the contract. This notification must be done utilizing the Removal Entry Screen of VAP. If FAA issued the terminated employee and identification card, the contractor must collect the card and submit it to the SSE.
(h) The contractor must request a report from the VAP on at least a semiannual basis in order to reconcile discrepancies and then must notify the SSE of these discrepancies as soon as possible.
(i) The CO may also, after coordination with the SSE and other security 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, to meet the requirements of paragraph (c) of this Clause.
(j) The contractor and/or subcontractor(s) must contact the Servicing Security Elements (Regional and/or Center Security Divisions) or AIN-400 at Headquarters within one (1) business day 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 CO 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 paragraph (k) 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) 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. To serve as an escort, a contractor employee must have a favorably adjudicated fingerprint check and initiated a NACI with FAA.
(End of Clause)
3.14-4 Access to FAA Systems and Government-Issued Keys, Personal Identity Verification (PIV) Cards, and Vehicle Decals (April 2012)
(a) It may become necessary for the Government to grant access to FAA systems or 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 and submit a request to terminate all user accounts on applicable FAA systems to the issuing office with notification to the Contracting Officer's Representative (COR). 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 and a request submitted for the termination of FAA system access within three (3) business days after 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, 701, and 1030.
(b) In the event such keys, PIV Cards, or vehicle decals are lost, stolen, or 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 lost, stolen, or 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 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 COR who will require the contractor to sign a receipt for each key obtained. Lost or stolen keys, PIV Cards, vehicle decals, and access control cards must immediately be reported concurrently to the Contracting Officer (CO), COR, 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 contractor is required to enter data for each employee into the Vendor Applicant Process (VAP) as described in AMS clause 3.14-2, Contractor Personnel Suitability Requirements. From the information entered into the VAP, the SSE will determine whether final suitability can be granted due to the existence of a previous investigation, or will initiate the contractor applicant into the Electronic Questionnaires for Investigations Processing (eQIP) system so that the applicant can complete the investigative forms. Interim suitability cannot be granted until the eQIP form is completed, and fingerprints and signature pages are submitted to the SSE. 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. Once the OPM fingerprint check has been successfully adjudicated, they can then be badged. If the contract employee requires a PIV Card, a 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 COR. 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].
(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 media, including the PIV card, are returned to the SSE.
END OF SECTION I
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