692M15-25-R-00011_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

5. PROJECT NO. (If applicable)2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ.NO.

PAGE OF PAGES

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6)

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

Items 8 and 15, and returning is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required.)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO THE AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14.

E. IMPORTANT: Contractor is not, is required to sign this document and return

ORDER NO. IN ITEM 10A.

1 15

0001 05/14/2025

AAQ-610 Grants & R&D FAA William J. Hughes Technical Center Building 300, Fourth Floor Atlantic City International Airport

AAQ610-AFN

Atlantic City NJ 08405 x separate letter or telegram which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By ___________ x x

692M15-25-R-00011 copies to the issuing office.

05/14/2025

(x)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The Purpose of this Amendment is to provide a list of questions received and the associated FAA responses, and make administrative updates to the SIR, See Pages 2 through 15 for details:

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. CONTRACT AUTHORITY 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Joseph S. Szwec

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

692M15-25-R-00011 / 0001 Page 2 of 15

A) The below received questions and FAA responses are hereby provided:

1. Question #1:

Reference SIR Page 9, Section F, AMS Clause 3.8.2-22 “Substitution or Addition of Personnel” Are Resumes Required?

FAA Response #1:

Resumes are not required to be submitted as part of an offeror’s proposal to be evaluated for award; however, the successful awardee is required to submit resumes of their proposed employees, for review and approval, prior to beginning performance, to ensure compliance with the Labor Category Description requirements identified in Attachment 0002 “Labor Category Descriptions”.

2. Question #2:

Reference SIR Attachment 0002 – Labor Category Descriptions: Can an offeror add new labor categories?

FAA Response #2:

Offerors are not permitted to submit additional labor categories.

3. Question #3:

Reference SIR Page 84, Section L.4: May an offeror put items such as page numbers and proprietary markings within the one-inch margins?

FAA Response #4:

Yes, this is permitted.

4. Question #4:

Reference SIR Page 84, Section L.5 “The Offeror has the burden of proof to demonstrate compliance with all the evaluation factors identified in this SIR.”:

Will the Government allow Offerors to provide a Cross Reference Matrix to SIR requirements outside of the stated page count to help demonstrate the location within the proposal where Offerors have addressed SIR factors.

692M15-25-R-00011 / 0001 Page 3 of 15

FAA Response #4:

No; however, excluded from the page count limitations are volume covers, title pages, tabs, tables of content, lists of figures, glossaries, acronyms abbreviation lists, prime contractor cover letter, subcontractor commitment letters and transmittal letters.

5. Question #5:

Reference SIR Page 84, Sections L.6: To submit a compliant Small Business Subcontracting Plan will the Government remove the page limit for this requirement.

FAA Response #5:

Yes, the page limit for this requirement will be removed.

6. Question #6:

Reference SIR Page 17 Section H, AMS Clause 3.13-15 “Confidentiality of Data and Information (Nov 2016)”: Regarding Sensitive Unclassified Information (SUI) requirements, will the contractor be expected to follow Controlled Unclassified Information (CUI) training and handling requirements?

FAA Response #6:

Reference Pages 51-55, AMS Clause 3.8.9-7 “ Federal Acquisition Supply Chain Security Act Orders – Prohibition”, Pages 63-65, AMS Clause 3.14-2 “Contractor Personnel Suitability Requirements”, Pages 66-67, AMS Clause 3.14-4 “Access to FAA Facilities, Government Property, and Sensitive Unclassified Information”, and AMS 3.14-14 Cooperation with Defensive Counterintelligence Program (DCIP) Requirements (Listed Below). Other than training identified in these referenced clauses, no additional training requirements, related to SUI are currently identified. However, the FAA reserves the right to add training requirements if required.

7. Question #7:

Reference SIR Attachment 0001 – Pricing Spreadsheet: Given that offerors may have Forward Pricing Rates that fluctuate over the contract period, is it the government's intention that offerors account for any forward pricing changes by using the Escalation percentage?

692M15-25-R-00011 / 0001 Page 4 of 15

FAA Response #7:

Yes, vendors must account for changes using the escalation percentage.

8. Question #8:

Reference SIR Attachment 0001 – Pricing Spreadsheet: Instructions on the ODCs tab of the Pricing Spreadsheet indicates that offerors are permitted to revise the cost tables, however the protection of the spreadsheet prevents the naming of new columns in both tables (Materials and Travel), and the Travel table has merged cells in Columns D through F that cannot be unmerged. Can the government unprotect the column headers and rows to allow for effective adjustments to the tables?

FAA Response #8:

An unlocked version, to edit the ODC Tab, will be provided to offeros upon request.

9. Question #9:

Reference SIR Page 86, Section L.9: Volume 1 Technical proposal factor 1 does not include section 4.1. Was this an oversight?

FAA Response #9:

No it was not an oversight, section 4.1 is not included.

B) The following changes to the solicitation are hereby made:

1. Reference SIR Page 1, Block 4 “Date Issued”, the date is hereby changed to 5/14/2025.

2. Reference SIR Page 85 Section L6, the page limit for Small Business Subcontracting Plan Compliance is hereby removed and replaced with “unlimited”.

3. Reference Attachment 0001 – Pricing Spreadsheet, and unlocked version, to edit the ODC Tab will be provide upon request. Please contact the contracting officer at Joseph.S.Szwec@faa.gov to submit this request.

4. The following clauses are hereby removed in their entirety:

mailto:Joseph.S.Szwec@faa.gov

692M15-25-R-00011 / 0001 Page 5 of 15

• 3.2.2.3-19 Contract Award (Jul 2024)

• 3.6.3-14 Use of Environmentally Preferable Products (Oct 2024)

• 3.6.3-20 Electronic Products Environmental Assessment Tool (EPEAT) (Oct 2024)

5. The following clauses are hereby updated to the current versions as detailed below:

• 3.6.1-3 Utilization of Small, Small Disadvantaged, Women-Owned, Service Veteran

Owned, and HUBZone Small Business Concerns (Changed from March 2025 to April 2025) (Incorporated by Reference in Section I)

• 3.6.1-4 Small Business Subcontract Plan (Changed from March 2025 to April 2025) (Incorporated by Reference in Section I)

• 3.6.2-41 Employment Eligibility Verification (Changed from July 2023 to April 2025) (Incorporated in Full Text in Section I, Updated Full Text is included below)

• 3.6.2-44 Notification of Employee Rights Under the National Labor Relations Act (Changed from July 2023 to April 2025) (Incorporated by Reference in Section I)

• 3.10.1-9 Stop Work Order (Changed from October 1996 to April 2025) (Incorporated by Reference in Section L)

• 3.13-14 Reporting Executive Compensation and First-Tier Subcontract Awards (Changed from Oct 2023 to April 2025) (Incorporated in Full Text in Section I, Updated Full Text is included below)

6. AMS Clause 3.14-14 Cooperation with Defensive Counterintelligence Program (DCIP)

Requirements (July 2023) is hereby added, full text is provided below.

7. All other terms and conditions remain unchanged.

3.6.2-41 Employment Eligibility Verification (April 2025)

(a) Definitions:

"Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the Employment Eligibility Verification clause. An employee is not considered to be directly performing work under a contract if the employee—

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

692M15-25-R-00011 / 0001 Page 6 of 15

"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

"United States", as defined in 8 U.S.C. 1101(a)(38), except as otherwise specifically provided (in this statute) means the 50 States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in Department of Homeland Security's (DHS) Employment Eligibility Verification system ("E-Verify") at time of contract award, the Contractor must use E-Verify, located on DHS.gov, and – i.Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

ii.Verify all new employees. Within 90 calendar days of enrollment in the E-

Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3)); and iii.Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4)).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor must use E-Verify to initiate verification of employment eligibility of—

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor must initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3)); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor must initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3)); or

692M15-25-R-00011 / 0001 Page 7 of 15

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor must initiate verification within 90 calendar days after date of contract award or within 30 calendar days after assignment to the contract, whichever date is later (but see paragraph (b)(4)).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C.

1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor must follow the applicable verification requirements at paragraph (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor must initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of—

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor must comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) DHS or the Social Security Administration may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official by the terminating agency.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the Contractor is suspended or debarred as a result of the MOU termination, the contractor is not eligible to participate in E-Verify during the period of its suspension or debarment. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee—

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

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(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(d) Subcontracts. The Contractor must include the requirements of this clause, including this paragraph (d) (appropriately modified for identification of the parties), in each subcontract that is for Noncommercial services or construction with a value greater than $10,000 and includes work that is performed in the United States.

(End of clause)

3.13-14 Reporting Executive Compensation and First-Tier Subcontract Awards (April 2025)

a. Definitions. As used in this clause:

1. “Executive” means officers, managing partners, or any other employees in management positions.

2. “First-tier subcontract” means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect cost.

3. “Month of award” means the month in which a contract is signed by the Contracting Officer (CO) or the month in which a first-tier subcontract is signed by the Contractor.

4. “Total compensation” means the cash and non-cash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

i.Salary and bonus.

ii.Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation- Stock Compensation.

692M15-25-R-00011 / 0001 Page 9 of 15 iii.Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

iv.Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

v.Above-market earnings on deferred compensation which is not tax-qualified.

vi.Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

b. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public; therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

c. Nothing in this clause requires the disclosure of classified information.

d. (1) First-tier Subcontract Information. Unless otherwise directed by the CO, or as provided by paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, or of a modification to such a subcontract that results in the changing of previously reported data, the Contractor must follow the steps at https://sam.gov/fsrs to complete a subaward report. The report must contain the following information for each first-tier subcontract:

i.Unique Entity Identifier (UEI) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

ii.Name of the subcontractor.

iii.Amount of the subcontract award.

iv.Date of the subcontract award.

v.A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

vi.Subcontract number (the subcontract number assigned by the Contractor).

https://sam.gov/fsrs

692M15-25-R-00011 / 0001 Page 10 of 15 vii.Subcontractor's physical address including street address, city, state, and country.

Also include the nine-digit zip code and congressional district.

viii.Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

ix.The prime contract number, and order number if applicable.

x.Awarding agency name and code.

xi.Funding agency name and code.

xii.Government contracting office code.

xiii.Treasury account symbol (TAS) as reported in the Federal Procurement Data System (FPDS).

xiv.The applicable North American Industry Classification System code (NAICS).

2. Prime Contractor Executive Compensation. As part of its annual registration in SAM required per AMS Clause 3.3.1-33 System for Award Management, the Contractor must report the names and total compensation of each of the five most highly compensated executives for the Contractor's preceding completed fiscal year if:

i.In the Contractor's preceding fiscal year, the Contractor received:

A. 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements, and other forms of Federal financial assistance; and

B. $25,000,000 or more in annual gross revenues from Federal ii.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

3. First-tier Subcontractor Executive Compensation. Unless otherwise directed by the CO, by the end of the month following the month of a first-tier subcontract with a value of $30,000 or more, and annually thereafter, the Contractor must report the names and total compensation of each of the five most highly compensated http://www.sec.gov/answers/execomp.htm

692M15-25-R-00011 / 0001 Page 11 of 15 executives for each first-tier subcontractor for the subcontractor's preceding completed fiscal year on FSRS or, beginning in March 2025, on SAM, if:

i.In the subcontractor's preceding fiscal year, the subcontractor received:

A. 80 percent or more of its annual gross revenues from Federal

B. $25,000,000 or more in annual gross revenues from Federal ii.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

e. The Contractor must not split or break down first-tier subcontract awards to a value less than $30,000 to avoid the reporting requirements in paragraph (d).

f. The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during subcontract performance. The Contractor is not required to make further reports after the first-tier subcontract expires.

g. (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

2. If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards to that subcontractor.

3.14-14 Cooperation with Defensive Counterintelligence Program (DCIP) Requirements (July 2023) a.The FAA’s Defensive Counterintelligence Program (DCIP) (AXI-310) detects, deters, and denies illicit human and technical intelligence collection activities as well as addressing other national security concerns. Such activities and concerns include, but are not limited to, activities

692M15-25-R-00011 / 0001 Page 12 of 15 conducted by, on behalf of, or otherwise supporting, foreign governments or elements thereof;

entities or individuals that meet the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. § 1801; foreign organizations; foreign persons; international terrorist organizations or activities; or agents of any of the foregoing; or any other individuals or entities acting on behalf of, or otherwise in support of, any of the foregoing, against the FAA, its employees, facilities, equipment, systems, networks, operations, and information.

b.Consistent with FAA Order 1600.84 FAA Defensive Counterintelligence Program (referred to here on as “the Order”), the contractor is required to cooperate to the fullest extent possible with the following requirements:

(1)Any authorized DCIP inquiry or Counterintelligence (CI) investigation connected with this contract requested by the FAA Office of Security and Hazardous Materials Safety (ASH) to include granting authorized ASH or outside investigative department or agency personnel access to contract information, records, or contractor personnel;

(2)All applicable FAA security requirements as required under the contract consistent with FAA policy and applicable Federal law;

(3)When requested by the DCIP, and necessary to protect Controlled National Security Information (CNSI), Sensitive Unclassified Information (SUI), or otherwise protected information, contractor employees must sign a Defensive Counterintelligence Program Non- Disclosure Agreement (NDA) prior to being briefed on any information pertaining to a DCIP inquiry, CI investigation by another Department or Agency, or any other matter related to the DCIP. The NDA is located in Appendix C of the Order and in AMS Procurement Forms. Contractor employees are exempt from acknowledging any language in the NDA associated with unauthorized disclosure of received information that subjects FAA employees to personnel actions specified in the Human Resources Policy Manual (HRPM) Volume 4:

Employee Relations ER-4.1 (4) and applicable collective bargaining agreements.

(4 )Contractors must first coordinate with the DCIP at ASH-CI-Notify@faa.gov before contacting any law enforcement or investigative agencies on any known or suspected counterintelligence or other national security concern described in Paragraph 1 of the Order.

(5)Contractors must notify the DCIP as soon as possible if any law enforcement or investigative agency contacts them directly on any matter covered by the Order. If an employee receives a direct request from an outside law enforcement or investigative agency for evidence related to a counterintelligence or other national security concern as described in Paragraph 1 of the Order, the employee will refer the law enforcement or investigative agency to AXI-310.

(6)Contractors must immediately notify the DCIP at ASH-CI-Notify@faa.gov, and the CO and/or COR if their employees observe any of the following-

(a) Suspected or known acts of foreign intelligence collection activity against the FAA or its employees, systems, networks, operations, facilities, equipment, or information;

(b) Suspected or known espionage (See Appendix A of the Order for definition);

mailto:ASH-CI-Notify@faa.gov

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(c) Suspected or known unauthorized disclosure of CNSI, SUI, or otherwise protected information in the possession of the FAA by a FAA employee to a foreign government or element thereof, a foreign organization, an entity or individual that meets the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. § 1801, a foreign person, an international terrorist organization or activity, an agent of any of the foregoing, or any other individual or entity acting on behalf of or otherwise supporting any of the foregoing; or

(d) Suspected or known theft, unauthorized disclosure, or unauthorized amassing of CNSI, SUI, or otherwise protected information in the possession of the FAA known or suspected to be for the purpose of conveying it to a foreign government or element thereof, an entity or individual that meets the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. § 1801, a foreign organization, a foreign person, an international terrorist organization or activity, an agent of any of the foregoing, any other individual or entity acting on behalf of or otherwise supporting any of the foregoing, or an unknown recipient, or statements of intent by an FAA employee to engage in any such actions. SUI or otherwise protected unclassified information whose theft, unauthorized disclosure, or unauthorized amassing, for the purposes described in the preceding sentence, is of concern includes, but is not limited to:

i. Non-public information from an official FAA data network or information

ii. Imagery;

iii. Technical specifications;

iv. Trade secrets;

v. Proprietary information;

vi. Sensitive Security Information (SSI); and

vii. Any other SUI

(e ) Activities similar to those described in paragraphs b(6)(a)-(d) by, on behalf of, or otherwise supporting, potential lone wolf actors, malicious insiders, or transnational organizations of a national security concern.

If notification of the CO and/or COR is not feasible owing to the CO and/or COR being one of the suspicious actor(s), the contractor must notify the DCIP directly at the above email address if they observe any of the above activities.

(7)Contractors traveling internationally as per contract requirements must comply with the applicable travel security briefing and foreign contact reporting requirements of FAA Order 1600.61C International Travel Security Program as well as the applicable travel security briefing and reporting requirements of applicable Security Executive Agent Directives implemented by the FAA.

(8)Elicitation attempts. Elicitation is the strategic use of conversation to extract information from people without giving them the feeling they are being interrogated. It is a technique used to discreetly gather information. It is a conversation with a specific purpose: collect information that is not readily available and do so without raising suspicion that specific facts are being sought. The conversation can be in person, over the phone, or in writing.

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Contractors must immediately notify the DCIP at ASH-CI-Notify@faa.gov, and the CO and/or COR if their employees experience any known or suspected direct (e.g., personal encounter or telephone) or indirect (e.g., electronic or written communication) elicitation or attempted elicitation of CNSI, SUI, or otherwise protected information in the possession of the FAA by any suspicious entity or person, regardless of ethnicity, nationality, or FAA employment status, as soon as possible, but no later than 12 hours after the time of the incident, initial detection, or receipt of report, as applicable, or the next business day if the incident, initial detection, or receipt of report, as applicable, occurs on a weekend or holiday. Contractors must report these incidents regardless of where, when, or how the contact took place, or whether the employee was on or off duty. Suspicious activities include, but are not limited to:

(a) Direct or indirect contact or communication with a known or suspected foreign or foreign-affiliated person, or an unknown or unfamiliar person, seeking access to or disclosure of any CNSI, SUI, or otherwise protected information in the possession of the FAA for which such person does not meet the applicable access requirements, or that is outside the scope of their official duties;

(b) Direct or indirect contact or communication with a known or suspected foreign or foreign-affiliated person, or an unknown or unfamiliar person, seeking specific information about an FAA employee’s official duty responsibilities, work projects, access to information, security clearance, travel plans, coworkers’identities, or Information Technology (IT) system credentials for which such person does not meet the applicable access requirements, or that is outside the scope of their official duties;

(c) Direct or indirect contact, communication, or observance of a known or suspected foreign or foreign-affiliated person, or an unknown or unfamiliar person, seeking unauthorized access to FAA employees, equipment, operations, systems, information, facilities, or networks, including through a Personal Electronic Device (PED);

(d) Direct or indirect contact, communication, or observance of a known or suspected foreign or foreign-affiliated person, or an unknown or unfamiliar person, introducing, or seeking to introduce, unauthorized digital media or software into any FAA equipment, facilities, systems, or networks, including through a PED;

(e) Offers of compensation, gifts, or favors in exchange for FAA information or access to such information, regardless of medium; or access to FAA employees, equipment, operations, facilities, systems, or networks;

(f) Threats, attempts to coerce, or attempts to exploit any FAA employee by a known or suspected foreign or foreign-affiliated person, or by an unknown or unfamiliar person, in order to illicitly acquire FAA information or access to FAA employees, equipment, operations, facilities, systems, information, or networks;

(g) Solicitation by any person of FAA information for which they do not meet the applicable access requirements or that is outside the scope of their official duties;

(h) A request by any person for access to FAA employees, facilities, equipment, operations, systems, information, or networks for which they do not meet the applicable access requirements or that is outside the scope of their official duties; and

(i) Suspicious or unexplained contact by any person with an FAA employee, where the person has suspicious or unexplained knowledge of the employee.

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Unless requested by ASH, contractors must not disclose an elicitation attempt of the nature described above, in any other manner than to report the attempt to the COR and/or CO and request that they report it to the DCIP. If that is not feasible, or if the COR and/or CO are the suspicious actor(s), contractors may make these reports directly to the DCIP at the above email address. Contractors must not take any actions on their own initiative, as doing so may interfere with a DCIP inquiry or CI investigation.

c.Failure to cooperate with any of the activities under section b above may be considered by the FAA to be a material breach of the contract.

d.The Contractor is responsible for ensuring that the provisions of this clause flow down to its subsidiaries, subcontractors, and consultants performing this contract.