BAA Amendment 019 R20.pdf

BAA FAA Aviation Research 2020 Solicitation Number: 692M15-20-R-00004 R20

Federal Aviation Administration William J. Hughes Technical Center Atlantic City International Airport

Atlantic City, NJ

BROAD AGENCY ANNOUNCEMENT

AVIATION RESEARCH 2020

Solicitation issued by: FAA AAQ-610

May 24, 2024

Contents

I. INTRODUCTION

General Information

Points of Contact

II. WHITE PAPER AND PROPOSAL INFORMATION

General White Paper and Proposal Information

White Paper Preparation, Submission, and Feasibility Assessment

Proposal Preparation, Submission, and Feasibility Assessment

III. OTHER PERTINENT INFORMATION

Type of Award

Cost-Sharing

Awards

Restrictive Marking on Proposals

I. INTRODUCTION

This Broad Agency Announcement (BAA), for solicitation number 692M15-20-R-00004, is sponsored by the Federal Aviation Administration (FAA) and will be open for five years from the date of original issue. The BAA will be valid through November 2024, unless terminated sooner. This BAA includes research interests from the William J. Hughes Technical Center;

ANG-E, Aviation Research Development Division which is located at Atlantic City International Airport, Atlantic City, NJ.

The Aviation Research and Development Division establishes scientific solutions to current and future air transportation challenges by conducting applied research and development in collaboration with industry, academia, and Government.

ANG-E has five program branches:

Fire Safety Human Factors;

Airport Technology R & D Software & Systems Structures & Propulsion

Each branch has a specific area of responsibility in support of the FAA’s overall mission to provide the safest, most efficient aerospace system in the world. ANG-E strives to reach the next level of safety, efficiency, environmental responsibility and global leadership.

General Information

1. BAAs may be used by agencies to fulfill their requirements for scientific study and experimentation directed toward advancing the state-of-the-art, and/or increasing knowledge and understanding rather than focusing on a specific system or hardware solution. The BAA will only be used when meaningful proposals with varying technical/scientific approaches can be reasonably anticipated.

2. This BAA is issued under the Federal Aviation Administration Acquisition Management System (AMS) under authority 49 USC 106(1) and (m), which provides for the selection of proposals submitted in response to this announcement. This BAA is a means of soliciting proposals related to Aviation Research. The BAA contains several areas of interest to the FAA regarding Aviation Research referred to as “Topics.” All references to the AMS throughout this document can be found at https://fast.faa.gov/AMS_Policy.cfm.

3. Research Defined:

Basic Research

Basic research is research directed toward increasing knowledge in science with the primary aim being a fuller knowledge or understanding of the subject under study, rather than any practical application of that knowledge.

Applied Research

Applied Research is an effort that normally follows basic research, but may not be severable from the related basic research; attempts to determine and exploit the potential of scientific discoveries or improvements in technology, materials, processes, methods, devices, or techniques; and attempts to advance the state-of-the-art.

4. This BAA is an open request for white paper submittals at any time until the expiration of the

BAA or until the Topic is removed. White papers and proposals will be assessed according to the instructions and criteria described herein. The BAA invites potential Offerors to submit brief descriptive white papers relevant to a Topic or Topics described within the BAA. Full proposals are then requested from those potential Offerors selected in the white paper Feasibility Assessment process.

5. Additionally, the FAA may issue requests for white papers via “Calls”, which will be posted to sam.gov as an amendment to the BAA. Calls will be issued when the FAA has a more pressing need for research to be conducted relevant to a specific Topic. Calls will highlight the specific Topic(s) of interest and will request potential Offerors to submit white papers. Calls may or may not further define the area of research associated with the Topic noted within the BAA. All Calls will be announced using the System for Award Management webpage, (sam.gov).

6. Under certain circumstances, some Calls may request proposals instead of white papers. When responding to specific Calls please refer to the instructions listed within that Call. Some Calls may restrict or expand an acceptable number of proposal pages, depending on the complexity of the research.

7. White papers may be submitted at any time during the open announcement of this BAA, as well as in direct response to a Call. The FAA may award a contract/agreement at any time during the life of this BAA, as well as in direct response to a Call. An award may also be made after the BAA expiration date if the white paper is received before the expiration date occurs.

8. This announcement is general in nature, identifying the areas of Aviation Research interest, and solicits the participation of all Offerors capable of supporting the FAA's requirements. Proposals that are selected for award are considered to be the result of unrestricted competition and in full compliance with the AMS. Resulting awards may be in the form of purchase orders, contracts, agreements, or other transactions depending upon the specifics of the effort and at the discretion of the FAA. Throughout the remainder of this document reference to Contract/Agreement is intended to be inclusive of all award types available to the FAA.

9. The FAA encourages industry, educational institutions, small businesses and small disadvantaged business concerns, historically black colleges, university and minority business enterprises and institutions interested in conducting scientific research to submit white papers.

10. The FAA will consider Contractor Teaming Arrangements, as set forth in AMS Policy section 3.2.2.7.3 Contractor Team Arrangements.

11. The Offeror, by submission of a white paper and/or proposal or execution of a contract/agreement in response to this solicitation, certifies that the Offeror is not debarred, suspended, declared ineligible for award of public contracts, or proposed for debarment. If the Offeror cannot certify, or if the status of the Offeror changes prior to award, the Offeror must provide detailed information as to its current status.

12. This BAA is an expression of interest only and does not commit the FAA to make an award or pay white paper or proposal preparation costs generated in response to this announcement or any Call. The cost of white paper and proposal preparation for response to a BAA is not considered an allowable direct charge to any resultant contract/agreement or any other contract/agreement. Any award will be made subject to availability of appropriated funds.

Prospective Offerors are reminded that only a duly warranted Contracting Officer (CO) may obligate the FAA involving expenditure of FAA funds. The FAA reserves the right to fund all, some, one, or none of the white papers or proposals received under this BAA. The FAA anticipates making multiple awards subject to availability of funds.

13. All foreign owned companies are subject to submitting disclosure information for review to determine the firm’s eligibility to do business with the US Government pursuant to current rules and regulations. If the FAA decides to pursue research outlined in a white paper submission from a foreign owned company, additional information/requirements will be provided with the proposal request.

14. This BAA may be amended as necessary, including to revise/delete current Topics or add new

Topics. Interested parties should be alert for any BAA announcements/amendments. Any and all amendments to this BAA will be published on the SAM website (sam.gov)

Points of Contact

1. All white paper submissions and technical questions or clarifications must be emailed to the

Technical Point of Contact (TPOC) associated with the respective Research Topic number and the Acquisition Management Team Mailbox (see below) which must be included on the “cc” line of the email. Offerors must include the Topic Number and Title in the “subject” line. Discussions relating to the white paper or resulting technical proposal between the TPOC and the Offeror are permitted. No discussions are permitted about the cost proposal without the permission of the

CO.

2. Questions pertaining to white paper/proposal submissions, requirements set forth in this BAA, contractual matters, availability of project funding related to a particular research Topic or related questions must be directed to the Acquisition Team Mailbox at 9-ACT-AAQ-600- BAA@faa.gov with Question for the CO in the “subject” line.

II. WHITE PAPER AND PROPOSAL INFORMATION

General White Paper and Proposal Information

1. In accordance with this BAA, the primary basis for contract/agreement award selection will be determined by technical merit/challenge, importance to mission/agency programs, and funds availability. Therefore, those contemplating submission of a white paper are highly encouraged to submit an inquiry to the CO via the Acquisition Team Mailbox at 9-ACT-AAQ-600- BAA@FAA.gov with Question for the CO in the “subject” line to determine the level of interest in pursuing the intended R&D effort and if funding is available. This process is designed to limit the expenditure of resources to prepare and assess white papers for projects that may have little or no opportunity to be funded.

2. To be eligible for award of a contract/agreement, all prospective Offerors must meet certain minimum standards as defined in the Request for Proposal (RFP). Examples of these minimum requirements include, but are not limited to, adequate financial resources, prior record of past performance, and experience.

3. T3.1.5 Conflict of Interest (found at https://fast.faa.gov/PPG_Procurement_Guidance.cfm) and AMS

3.1.7 Organizational Conflicts of Interest apply. If a prospective Offeror believes a potential conflict of interest may exist, the situation must be brought to the attention of the CO before expending time and effort in proposal preparation.

4. Offerors that include data in their white papers or proposals which they do not want disclosed to the public for any purpose, or to be used by the FAA except for assessment purposes by FAA Technical Center, must specifically identify the data in the summary white paper or proposal and mark it accordingly.

White Paper Preparation, Submission, and Feasibility Assessment

1. Preparation:

In preparing white papers it is important that the Offeror keep the focus on scientific study and experimentation directed toward advancing the state-of-the-art and/or increasing knowledge and understanding. It should include all the information specified in this announcement in order to avoid delays in the review process. Offerors are advised that the quality of the information presented in the white paper is significantly more important than the quantity.

2. Format:

White papers must be electronically submitted as follows:

Must be provided in Microsoft Word (.doc or .docx) or Adobe (.pdf) file formats

Must not exceed five pages in length (single sided, single spaced, Times Roman 12-size font). The five page limitation does not include the Rough Order of Magnitude (ROM) of costs.

Must state the Topic number and title under which they are being submitted.

The white paper must address the following:

The specific purpose of the proposed research A brief description of the proposed research method and how the validity of the method will be demonstrated Relevant expertise of each individual involved in the Offeror’s response to this

BAA, including any interest, endorsements, or partners in the aviation industry The current state of development of the proposed research The estimated time it would take to complete the proposed research and a proposed timeline A description of any proposed testing and evaluation procedures for the proposed research Estimated cost of effort - ROM. The ROM cost consists of the total cost plus profit/fee, if applicable. It is a best guess, good faith estimate of the anticipated cost of the effort. The ROM should be consistent with any dollar value or ranges, if any, specified in the announcement, as well as the level of work being proposed.

3. Submission:

Offerors will be required to first submit a white paper for preliminary consideration.

Offerors that submit a proposal without first submitting a white paper may not be eligible for award.

White papers must be submitted via email to the respective TPOC(s) with a copy to the Acquisition Team Mailbox: 9-ACT-AAQ-600-BAA@FAA.gov.

4. White Paper Review:

The FAA anticipates responding to Offerors within 60 calendar days of receipt of a white paper, but reserves the right to take longer. The FAA may respond by requesting a technical and/or cost proposal based on the merits of the white paper and availability of funding. White papers will be reviewed for applicability and potential value to FAA Aviation Research missions and for technical feasibility. White papers considered not to have sufficient scientific merit or relevance to the FAA needs, or in areas for which funds are not expected to be available, or for other reasons in the best interests of the FAA may be declined without further review.

Proposal Preparation, Submission, and Feasibility Assessment

NOTE: The guidance presented below is general in nature; a Request for Proposal (RFP) will provide specific details. It is incumbent upon an Offeror to ensure that it complies with the instructions of a specific RFP. Request for submission of a proposal does not guarantee award selection.

1. Preparation:

In preparing proposals, it is important that the Offeror focuses on enhancing information provided in the accepted white paper. It should include all the information specified in this announcement and the subsequent RFP in order to ensure completeness and avoid delays in the review process. Offerors are advised that the quality of the information presented in the proposal is significantly more important than the quantity.

The proposal is the only vehicle available to the Offeror for receiving consideration for award.

The proposal must stand on its own merit; only information provided in the proposal can be used in the feasibility assessment process leading to an award. The proposal should be prepared simply and economically, providing straightforward, concise delineation of capabilities necessary to perform the proposed work.

The vendor must complete and submit Certifications and Representations via the System for Award Management (SAM) webpage (https://www.sam.gov). Vendors attest that at the time of their proposal submissions, their record at SAM is current, accurate, and complete. Offerors cannot receive an award if not registered in SAM.

The federal government is changing the unique identifier for entities from the D-U-N-S®

Number to the Unique Entity ID (SAM), generated by sam.gov.

On April 4, 2022 the D-U-N-S® Number will be removed and the Unique Entity ID (SAM) will be the authoritative identifier.

The technical and cost aspects of an Offeror’s submission will be assessed at the same time.

Proposals must be broken into two volumes, both of which must be provided in order to be considered:

Volume I – Technical.

• Offerors must limit their Volume I to 25 pages.

• Volume I must be provided in Microsoft Word (.doc or .docx) or Adobe

(.pdf) file formats

• Must be single sided, single spaced and use Times Roman 12-size font.

• All technical proposals must contain a brief summary describing the proposed program. It should include a concise statement of work (SOW), project work statement (PWS), or statement of objectives (SOO), as appropriate, and a basic approach to be utilized in the effort. This should be unclassified and non-proprietary in nature.

Volume II – Price/Cost

• Offerors must limit their Volume II to 10 pages.

2. Format: The proposal must include the following, as applicable:

Cover Letter: is submitted as a separate document and not included in the page count

On your organization’s letterhead stationery, provide the following:

The Topic number and title to which you are responding Legal name and address of your organization Unique Entity ID (SAM) Type of organization (e.g. Large Business, Small Business, Small

Disadvantaged Business, etc.)

Place of performance Title of proposed research Period of performance in number of days/months, not specific dates unless necessary to complete the research

Estimated price/cost and of cost matching/sharing if applicable Type of contract/agreement proposed (e.g. Firm Fixed Price, Cost Plus Fixed

Fee, etc.)

Date the cost proposal is valid through Name, title and signature of an official authorized to legally bind the organization

Volume I – Technical (as defined in the sections below):

This technical portion includes: Program Management, Government Furnished Property (GFP), Subcontracting Plan, Past Performance, and Intellectual Property, as required.

The technical portion must include, but is not limited to:

A detailed background, discussions and/or descriptions relative to the work proposed.

An indication that the Offeror understands the topical area should be exhibited.

A clear, concise definition of the work effort objectives and the approach(es) to meet them.

A discussion which details the feasibility and the methodology of the proposed approach(s) and identifies the level of effort to be employed. Technical uncertainties must be identified.

Proposed innovative approaches, unique capabilities and/or specialized experience should be identified.

Program Management:

The program management portion should include, but is not limited to:

Proposal must address the areas of personnel, facilities, management, structure of the organization, schedule, milestones and deliverables proposed.

If key personnel and/or a Principal Investigator are required for the effort, resumes must be included in this section. Resumes do not count toward the Volume total but are limited to three pages per resume.

Identify any potential organizational conflicts of interest, including any prior federal employment of research personnel within two years from the date of proposal submission. If there are no such potential conflicts of interest, this should be so noted in the proposal.

In the event organizational or personal conflicts of interest are identified, a conflict of interest mitigation plan must be submitted as part of the Offeror’s proposal.

Government Furnished Property:

Any expectations of GFP must be identified in the Technical proposal.

Subcontracting Plan:

If the amount of the proposal exceeds $750,000 and the Offeror is other than a small business concern, the Offeror must submit, for incorporation into the award, a Subcontracting Plan to satisfy the applicable requirements of Acquisition Management System Clause 3.6.1-4 Small, Small Disadvantaged, Women-Owned, Service-Disabled Veteran Owned, and HUBZone Small Business Subcontracting Plan which may be obtained in full text via Internet at: https://fast.faa.gov/contractclauses.cfm (FAST Contract Clauses).

The Subcontracting Plan template can be found by clicking on the following link:

https://fast.faa.gov/PPG_Small_Business_Development_Program.cfm (Master Subcontracting Plan).

The Current FY22 Subcontracting Goals Are As Follows:

Subcontract Categories Goal Percentage Total Subcontract Dollars Awarded to Small Business Concerns 45% Total Subcontract Dollars Awarded to Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals

10%

Total Subcontract Dollars Awarded to Small Business Concerns Owned and Controlled by Women

5%

Total Subcontract Dollars Awarded to Small Business Concerns Owned and Controlled by Service Disabled Veterans

3%

Total Subcontract Dollars Awarded to Small Business HUBZone Concerns 3%

NOTE: If there are no subcontracting possibilities, the proposal must include a detailed rationale for not submitting a Subcontracting Plan.

If a team arrangement is contemplated, then the Offeror must provide a copy of the arrangement that specifies each Contractor's/Entities’ responsibility as an attachment to the proposal.

Past Performance:

The Offeror must be able to provide past performance information for the same or similar work as referenced above if requested. Each referenced contract/agreement for the past performance section must contain contract/agreement numbers, points of contact, dollar amounts, periods of performance, and services provided.

Intellectual Property:

A. Representations All Offerors must provide a good faith representation of either ownership or possession of appropriate licensing rights to all intellectual property to be used for the proposed project.

Offerors are advised that the FAA may use the foregoing assertion(s) during the evaluation process to evaluate the impact of any identified restrictions, and may request additional information from the Offeror, as may be necessary, to assess the Offeror’s assertions. The FAA may also challenge assertions that are provided in improper format or that do not properly acknowledge earlier federal funding of related research by the Offeror.

If no restrictions are intended, then the Offeror must state “NONE.”

1. Proprietary Technical Data and/or Computer Software If Offerors desire to use proprietary technical data and/or computer software as the basis of their proposed approach, in whole or in part, they must:

Clearly identify such software/data and its proposed particular use(s);

Explain how the FAA will be able to reach its program goals within the proprietary model offered; and, Provide possible nonproprietary alternatives in any area that might present increased risk or cost to the FAA under the proposed proprietary solution.

Mark the proprietary software/data in accordance with Section III-Other Pertinent

Information: Restrictive Markings on Proposals

a. Noncommercial Technical Data and/or Computer Software Offerors must list all noncommercial technical data and/or computer software that it plans to generate, develop, and/or deliver in which it plans to assert specific restrictions and thus afford the FAA with less than unlimited rights. A sample method for complying with this request is to provide an assertion table as follows:

ASSERTION TABLE

Technical

Data/Computer Software to be Furnished with

Restrictions

Summary of Intended Use in the Conduct of the Research

Basis for Assertion

Asserted Rights

Category *

Name of Person

Asserting

(LIST) (NARRATIVE) (LIST) (LIST) (LIST)

* If the assertion category is other than those available under the FAA’s AMS, the Offeror must also provide details including intended definitional scope of such category.

In the event that Offerors do not submit the list, the FAA will assume that it automatically has “unlimited rights” to all such technical data and/or computer software.

b. Commercial Technical Data and/or Computer Software Offerors must list all commercial technical data and/or commercial computer software that may be included in any noncommercial items contemplated under the research project, and assert any applicable restrictions on the FAA’s use of such commercial technical data and/or computer software. In the event Offerors do not submit the list, the FAA will assume there are no restrictions on the FAA’s use of such commercial technical data and/or computer software.

2. Patent Applications/Patents Offerors must provide in its proposal a list of patented invention(s) to be used in the effort(s), including documentation proving ownership or possession of appropriate licensing rights to such patented invention(s). If a patent application has been filed for an invention, but it includes proprietary information and/or is not publicly available, an Offeror must provide documentation that includes:

Patent/patent application number;

Inventor name(s), Assignee names (if any);

Filing date;

Filing date of any related provisional application; and, Summary of the patent title, with either:

(1) a representation of invention ownership, or

(2) proof of possession of appropriate licensing rights in the invention (i.e., an agreement from the owner of the patent granting license to the Offeror).

3. Other Offerors should appropriately identify any potential restrictions on the FAA’s use of any other intellectual property or proprietary rights contemplated under those award instruments in question. This includes both noncommercial items and commercial items. Offeror must use the template set forth in A.1.a above and mark any such other proposed intellectual property or proprietary rights in accordance with Article IV., Section 4. Restrictive Markings on Proposals.

B. Open Source Offerors must identify any open source software that they expect to use under this solicitation. Offerors expecting to use, but not to deliver, commercial open source tools or other materials in implementing their approach may be required to indemnify the FAA against legal liability arising from such use.

C. Delivery Offerors must deliver all technical data and computer software (including both source and executable codes) developed under this solicitation.

Volume II – Price/Cost

The Offeror’s price/cost proposal must be prepared in a clear and concise manner that accurately reflects the Offeror’s price/cost estimate for accomplishing the proposed technical effort. Data supporting the Offeror’s price/cost should include all costs expected during the performance of the contract/agreement. Details, broken down by cost element, should be prepared for each major task along with supporting rationale. The FAA reserves the right to unilaterally discontinue any project during or at the completion of any deliverable or milestone if the objectives of the research are not being met. The Awardee will be paid for only those deliverables or milestone(s) completed in accordance with the proposed pricing structure. All price/cost data is subject to FAA analysis and verification.

The FAA reserves the right to request additional cost information. If applicable, cost sharing/matching must also be detailed within the cost proposal.

The price/cost proposal should include the following elements of cost for the proposed effort:

Direct Labor: The labor category, number of hours, direct labor rate per hour for each category and totals for each category of the effort.

Materials: An itemized listing of material requirements for the effort. Unless otherwise specified, all materials purchased for performance of the effort are to be delivered to the FAA upon completion/termination of the contract/agreement.

Travel: Contemplated expenditures for travel which support the effort. Approved travel expenses will be reimbursed in accordance with the Federal Travel Regulations (FTR);

https://www.gsa.gov/policy-regulations/regulations/federal- travel-regulation-ftr

Other Direct Costs: Costs associated with laboratory usage, computer usage, reproduction, etc.

Costs for Consultants: The number of hours and total costs should be indicated as well as the nature and scope of the service furnished by any consultant. State the reason(s) why a consultant was required to complete the effort.

Cost for Subcontractors: A breakdown of the subcontract amount by cost element and fee must be shown to fully assess the proposal.

Indirect Labor Cost: Overhead and general administrative rates. Indirect cost must indicate whether the rates used are fixed or provisional. Also indicate the time frames to which the rates are applicable.

Funding Profile: Since contracts/agreements awarded under this BAA may be incrementally funded, the Offeror must include its desired funding profile indicating planned expenditures by task/phase, monthly, percentage of completion or calendar quarters.

Total Price/Cost: Total proposed price/cost of all cost elements referenced above

1. Submission:

The Offeror must adhere to any additional or detailed submission instructions included in the RFP.

Proposals must be submitted in three separate files: Cover Letter, Volume I-Technical Proposal and Volume II-Price/Cost Proposal.

Proposals must be submitted to 9-ACT-AAQ-600-BAA@FAA.gov only. Please do not copy the Program Office/TPOC.

Proposals must reference the Topic number and title for the specific research area and should be valid for at least 180 days.

2. Feasibility Assessment:

Proposals will be assessed by a process of peer and technical feasibility assessment.

The following criteria will be taken into consideration:

Overall scientific and technical merit Potential contribution and relevance to the FAA Aviation Research mission

Team competency and experience Effective plan for project completion Technical risk and implementation risk.

Proposals will not be assessed against other proposals in the same general research area.

Awards will be made on the merit and relevance of the specific research proposal as it relates to overall Aviation Research program needs.

The proposed contract/agreement costs will be considered in the overall price/cost analysis.

Cost will not be rated or scored; rather, the FAA will analyze each Offeror’s cost and pricing information in terms of completeness, reasonableness, realism, magnitude and affordability. Included in this analysis will be the impact of the intellectual property rights asserted in the proposal to the total cost to the FAA.

III. OTHER PERTINENT INFORMATION

1. Type of Contract/Agreement

Selection of the award type is at the discretion of the FAA. Any award resulting from this BAA will incorporate the most current AMS clauses and/or applicable statutory authority.

Historically, the FAA has utilized Other Transaction Agreements (OTA) for awards resulting from this BAA. The OTA template can be found at the following link:

https://fast.faa.gov/PPG_Procurement_Templates.cfm (Other Transaction - Memorandum of Agreement (MOA) with State, Municipality or Private Entity Template)

Firm Fixed Price type awards are preferred for initial phase(s) of Offeror’s research concepts. The FAA reserves the right to select or change the award type as a matter of negotiation prior to award or during performance.

2. Cost-Sharing

Cost-sharing arrangements will also be considered on a cost reimbursement basis where the Offeror receives no fee and is reimbursed only for an agreed upon portion of its allowable cost.

It may be used when the Offeror agrees to absorb a portion of the cost in the expectation of substantial compensating benefits. To use this type of contract/agreement, the Offeror’s accounting system must be adequate for determining costs applicable to the contract/agreement.

Appropriate FAA surveillance during performance will provide reasonable assurance that efficient methods and cost controls are used.

3. Awards

With the submittal of all required information as described herein and the favorable feasibility assessment of an Offeror’s proposal, the FAA intends to award bilaterally, however, the FAA may unilaterally make award; therefore, it is in the Offeror’s best interest to review all requirements listed within. The FAA may contact an Offeror to negotiate an award for a portion of the proposal if the full proposal is not in the best interest of the FAA or if only limited funding is available.

Performance after the receipt of an award signed by the CO indicates your full acceptance of all terms and conditions within the award. Awards will consist of all applicable clauses. An Offeror’s objection(s) to an award clause or language may result in the Offeror not receiving an award.

Multiple awards may be made under one Topic.

4. Restrictive Marking on Proposals

An Offeror seeking to protect intellectual property and/or other proprietary information submitted in its proposal must mark such intellectual property and/or other proprietary information in accordance with the language set forth in this section. If information contained in a proposal is not so marked, the FAA will not accept liability for failure to safeguard it against open disclosure. If an Offeror wishes to restrict the proposal, the Offeror must mark the title page with the following legend: “This data must not be disclosed outside the FAA and must not be duplicated, used or disclosed in whole or in part for any purpose other than to assess the proposal; provided that if a contract/agreement is awarded to this BAA responder as a result of or in connection with the submission of this data, the FAA will have the right to duplicate, use or disclose the data to the extent provided in the contract/agreement. This restriction does not limit the FAA’s right to use information contained in the proposal if it is obtained from another source without restriction. The data subject to this restriction is contained on page .”