Terms and Conditions.pdf

Section -- - Terms and Conditions

Clauses

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

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2013)

3.2.2.3-16 RESTRICTING, DISCLOSING AND USING DATA (JUL 2004)

3.2.2.3-17 PREPARING OFFERS (JUL 2004)

3.2.2.3-18 PROSPECTIVE OFFEROR'S REQUESTS FOR EXPLANATIONS (MAR 2009)

3.2.2.3-19 CONTRACT AWARD (JUL 2004)

3.2.2.3-20 OFFERS (JAN 2018)

3.2.2.3-81 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS-REPRESENTATION (OCT 2015)

3.2.2.3-82 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN -

CERTIFICATION (JUL 2012)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(OCT 2015)

3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2011)

3.2.2.7-7 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (JAN 2018)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)

3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)

3.2.5-4 CONTINGENT FEES (OCT 1996)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)

3.3.1-1 PAYMENTS (APR 1996)

3.3.1-15 ASSIGNMENT OF CLAIMS (APR 1996)

3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT

(AUG 2012)

3.3.1-35 CERTIFICATION OF REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT (AUG

2012)

3.3.2-1 FAA COST PRINCIPLES (JAN 2016)

3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2010)

3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED, AND

SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS CONCERNS (MAR 2009)

3.6.1-7 LIMITATIONS ON SUBCONTRACTING (APR 2016)

3.6.1-8 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE SDB CONCERNS (APR 2016)

3.6.1-12 NOTICE OF SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS SET-ASIDE (OCT

2011)

3.6.1-14 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (JAN 2010)

3.6.1-17 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE (JAN 2017)

The North American Industry Classification System (NAICS) code for this procurement is:

423690 The small business size standard as defined by the Small Business Administration is the following:

For NAICS codes based on annual receipts, the annual average receipts for the last three fiscal years cannot exceed [ For NAICS codes based on the number of employees, the average number of employees over the last twelve-month period cannot exceed 250.

(End of provision)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-8 AFFIRMATIVE ACTION COMPLIANCE (APR 1996)

3.6.2-9 EQUAL OPPORTUNITY (AUG 1998)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (JAN 2011)

3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

3.6.2-14 EMPLOYMENT REPORTS ON VETERANS (JAN 2011)

3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (AUG 1998)

3.6.2-38 CERTIFICATION OF KNOWLEDGE REGARDING CHILD LABOR END PRODUCTS (JUL

2007)

3.6.2-39 TRAFFICKING IN PERSONS (OCT 2015)

3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (JAN 2012)

3.6.3-8 ALTERNATIVES TO PRODUCTS CONTAINING OZONE DEPLETING SUBSTANCES AND

HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (OCT 2016)

3.6.3-9 OZONE DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (OCT 2016)

3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (OCT 2016)

3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)

3.6.3-20 IEEE 1680 STANDARDS FOR ENVIRONMENTAL ASSESSMENT OF ELECTRONIC

PRODUCTS (OCT 2016)

3.6.3-21 EFFICIENCY IN WATER CONSUMING PRODUCTS AND SERVICES (OCT 2016)

3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)

3.6.3-25 AEROSOLS (OCT 2016)

3.6.3-26 FOAMS (OCT 2016)

3.6.4-2 BUY AMERICAN ACT - SUPPLIES (OCT 2014)

(a) The Buy American Act (41 U.S.C. Sec. 8301-8305) and Executive Order No. 10582, dated December 17, 1954, as amended, provide that the Government give preference to domestic end products.

(b) Definitions:

(1) "Components," as used in this clause, means those articles, materials, and supplies incorporated directly into the end products.

(2) "Domestic end product," as used in this clause, means (1) an unmanufactured end product mined or produced in the United States, or (2) an end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (c)(2) or (3) of this clause shall be treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic.

(3) "End products," as used in this clause, means those articles, materials, and supplies to be acquired for public use under this contract.

(4) "Foreign offer," as used in this clause, means an offered price for a foreign end product, including transportation to destination and duty (whether or not a duty free entry certificate is issued).

(c) The Contractor shall deliver only domestic end products, except those--

(1) For use outside the United States;

(2) That the FAA determines are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality;

(3) For which the FAA determines that domestic preference would be inconsistent with the public interest; or

(4) For which the FAA determines the cost to be unreasonable.

(i) Unless the FAA determines otherwise, the offered price of a domestic end product is unreasonable when the lowest acceptable domestic offer exceeds the lowest acceptable foreign offer, inclusive of duty, by:

(A) More than 6 percent, if a domestic offer is from a large business that is not a labor surplus area concern; or

(B) More than 12 percent, if a domestic offer is from a small business concern or any labor surplus area concern.

(ii) The evaluation in subparagraph (i) above shall be applied on an item by item basis or to any group of items on which award may be made, as specifically provided by the screening information request.

(iii) If an award of more than $250,000 would be made to a domestic concern if the 12 percent factor were applied, but not if the 6 percent factor were applied, the FAA will decide whether award to the domestic concern would involve unreasonable cost.

(End of clause)

3.6.4-5 BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS (JUL 2010)

3.6.4-8 BUY AMERICAN ACT - NAFTA IMPLEMENTATION ACT - BALANCE OF PAYMENTS

PROGRAM (OCT 2014)

3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)

3.6.4-15 BUY AMERICAN ACT CERTIFICATE (JUL 1996)

3.6.4-17 BUY AMERICAN ACT-NAFTA IMPLEMENTATION ACT-BALANCE OF PAYMENTS

CERTIFICATE (JUL 1996)

3.6.4-19 PROHIBITION CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATED TO IRAN- REPRESENTATION AND CERTIFICATIONS (APR 2013)

3.6.5-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN OWNED ECONOMIC

ENTERPRISES (MAR 2009)

3.7-1 PRIVACY ACT NOTIFICATION (NOV 2016)

3.7-2 PRIVACY ACT (NOV 2016)

3.9.1-1 CONTRACT DISPUTES (OCT 2011)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.9.1-3 PROTEST (OCT 2011)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-9 STOP-WORK ORDER (OCT 1996)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)

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

3.10.1-26 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (APR 2013)

3.10.2-3 SUBCONTRACTS (TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS) (APR 1996)

3.10.2-5 COMPETITION IN SUBCONTRACTING (JAN 1998)

3.10.2-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (APR

1996)

3.10.3-1 DEFINITIONS (APR 2012)

3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2012)

3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2012) - ALTERNATE I (APR 2004)

3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2012) - ALTERNATE II (APR 2004)

3.10.3-8 USE OF CONTRACTOR EQUIPMENT OR SOFTWARE - NOT PERMITTED (NOV 2016)

3.10.3-9 USE OF CONTRACTOR-EQUIPMENT OR SOFTWARE - PERMITTED (NOV 2016)

3.10.4-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1996)

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

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

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

3.10.4-3 INSPECTION OF SUPPLIES - COST REIMBURSEMENT (APR 1996)

3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR 1996)

3.10.4-5 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (APR 1996)

3.10.4-13 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (OCT 2015)

3.10.4-14 ASSIGNMENT OF A QUALITY RELIABILITY OFFICER (QRO) (OCT 2015)

3.10.4-15 CERTIFICATE OF CONFORMANCE (APR 1996)

3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)

3.10.4-20 SOFTWARE MEASURES PROPOSAL REQUIREMENT (AUG 1997)

3.10.4-21 REQUIREMENTS FOR SOFTWARE MEASURES (APR 2012)

3.10.4-25 ALTERNATE QUALITY SYSTEM PLAN (APR 2009)

3.10.4-26 TECHNICAL DATA QUALITY REQUIREMENT FOR NAS PROCUREMENTS (JAN 2004)

3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT 1996)

3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (OCT 1996)

3.10.6-7 EXCUSABLE DELAYS (OCT 1996)

3.13-4 CONTRACTOR IDENTIFICATION NUMBER - DATA UNIVERSAL NUMBERING SYSTEM

(DUNS) NUMBER (AUG 2012)

3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)

3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)