Section I _ Contract Clauses.pdf

SIR 693KA8-20-R-00008

PART I – SECTION I

CONTRACT CLAUSES

I.1.0 AMS CLAUSE 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY

REFERENCE (JULY 2019)

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 Offeror’s and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

REFERENCE TITLE

3.1.7-2 Organizational Conflicts of Interest (Jul 2018)

3.1.7-4 Organizational Conflict of Interest - Mitigation Plan Required (Oct 2019)

3.1.7-5 Disclosure of Conflicts of Interest (Jul 2018)

3.1.8-1 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (Oct 2014)

3.1.8-2 Price or Fee Adjustment for Illegal or Improper Activity (Oct 2019)

3.2.2.3-29 Integrity of Unit Prices (Jul 2004)

3.2.2.3-32 Waiver of Facilities Capital Cost of Money (Jul 2004)

3.2.2.3-33 Order of Precedence (Mar 2009)

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)

3.2.2.7-8 Disclosure of Team Arrangements (Apr 2008)

3.2.2.8-1 Material Requirement (Oct 2019)

3.2.4-4 Fixed-Price Contracts with Economic Price Adjustment-Labor and Material

(Oct 2019)

3.2.4-5 Allowable Cost and Payment (Oct 2019)

3.2.4-16 ALT I Ordering (Oct 2019)

3.2.4-27 Limitation of Price and Contractor Obligations (Oct 2019)

3.2.4-28 Cancellation of Items (Oct 2019)

3.2.5-1 Officials Not to Benefit (Oct 2019)

3.2.5-3 Gratuities or Gifts (Oct 2019)

3.2.5-4 Contingent Fees (Oct 1996)

3.2.5-5 Anti-Kickback Procedures (Oct 2019)

3.2.5-8 Whistleblower Protection for Contractor Employees (Apr 1996)

3.3.1-1 Payments (Jul 2018)

3.3.1-5 Payments Under Time-and-Materials and Labor-Hour Contracts (Jul 2018)

3.3.1-6 Discounts for Prompt Payment (Jul 2018)

3.3.1-8 Extras (Jul 2018)

3.3.1-9 Interest (Jul 2018)

3.3.1-10 Availability of Funds (Apr 2014)

3.3.1-14 Limitation of Funds (Jul 2018) https://fast.faa.gov/contractclauses.cfm

3.3.1-15 Assignment of Claims (Jul 2018)

3.3.1-17 Prompt Payment (Jul 2018)

3.3.1-20 Providing Accelerated Payment to Small Business Subcontractors

(Oct 2012)

3.3.1-27 Invoices for Equipment Delivered (Jul 2018)

3.3.1-31 Progress Payments (Jul 2018)

3.3.1-34 Payment by Electronic Funds Transfer – System for Award Management

(Jul 2018)

3.3.2-1 FAA Cost Principles (Jan 2016)

3.3.2-2 Reimbursement for Travel and Subsistence (Apr 2010)

3.4.1-10 Insurance – Work on a Government Installation (Oct 2019)

3.4.1-12 Insurance (Oct 2019)

3.4.2-8 Federal, State, and Local Taxes—Fixed Price Contract (Jul 2019)

3.6.1-3 Utilization of Small, Small Disadvantaged and Women Owned, and

Service-Disabled Veteran Owned Small Business Concerns (Oct 2019)

3.6.1-4 Small, Small Disadvantaged, Women-Owned and Service Disabled Veteran

Owned Small Business Subcontracting Plan. (Jul 2019)

3.6.1-6 Liquidated Damages—Subcontracting Plan (Jan 2010)

3.6.2-4 Walsh-Healey Public Contracts Act (Oct 2018)

3.6.2-9 Equal Opportunity (Oct 2018)

3.6.2-12 Equal Opportunity for Veterans (Oct 2018)

3.6.2-13 Affirmative Action for Workers with Disabilities (Oct 2018)

3.6.2-14 Employment Reports on Veterans (Jan 2020)

3.6.2-16 Notice to the Government of Labor Disputes (Oct 2018)

3.6.2-28 Service Contract Act of 1965, as Amended (Jan 2019)

3.6.2-30 Fair Labor Standards Act and Service Contract Act - Price Adjustment

(Multiple Year and Option Contracts) (Jan 2019)

3.6.2-35 Prevention of Sexual Harassment (Oct 2018)

3.6.2-39 Trafficking in Persons (Apr 2019)

3.6.3-16 Drug Free Workplace (Mar 2009)

3.6.3-23 Delivery of Electronic and Paper Documents (Jan 2020)

3.6.4-2 Buy American Act – Supplies (Oct 2014)

3.6.4-10 Restrictions on Certain Foreign Purchases (Jan 2010)

3.6.4-23 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Oct 2019)

3.9.1-1 Contract Disputes (Jan 2020)

3.9.1-2 Protest After Award (Aug 1997)

3.10.1-1 Notice of Intent to Disallow Costs (Apr 1996)

3.10.1-3 Penalties for Unallowable Costs (Oct 1996)

3.10.1-7 Bankruptcy (Apr 1996)

3.10.1-12 Changes—Fixed Price (Apr 1996)

3.10.1-13 Changes –Cost Reimbursement (Apr 1996)

3.10.1-14 Changes - Time and Materials or Labor Hours (Apr 1996)

3.10.1-25 Novation and Change-of-Name Agreements (Oct 2007)

3.10.2-3 Subcontracts (Time-and-Materials and Labor-Hour Contracts) (Apr 1996)

3.10.3-2 Government Property – Basic Clause (Apr 2019)

3.10.3-5 Use and Charges (Oct 2018)

3.10.5-1 Product Improvement/Technology Enhancement (Apr 1996)

3.10.6-1 Termination for Convenience of the Government (Fixed Price) (Oct 1996)

3.10.6-3 Termination (Cost- Reimbursement) (Jan 2020)

3.10.6-4 Default (Fixed-Price Supply and Service) (Jan 2020)

3.10.6-7 Excusable Delays (Oct 1996)

3.13-5 Seat Belt Use by Contractor Employees (Oct 2001)

3.13-11 Plain Language (Jul 2006)

3.13-13 Contractor Policy to Ban Text Messaging While Driving (Jan 2011)

3.14-3 Foreign Nationals as Contractor Employees (Jan 2019)

I.2.0 CLAUSES AND PROVISIONS INCORPORATED BY FULL TEXT

3.1.7-6 DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS

(JANUARY 2019)

(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 working days of the award of a contract, any subcontract, or any consultant agreement, or within 30 working 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 name of each individual, retained in any capacity by the contractor, who was employed by FAA during the five-year period immediately prior to the date of award; 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

(h) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that:

(1) The contractor considers this clause to be inappropriate and unnecessary in the case of a particular subcontract;

(2) The contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition and the reason why;

(3) Use of an alternate subcontract source would unreasonably detract from the quality of effort;

and

(4) The contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.

(End of clause)

3.2.2.7-1 QUALIFICATION REQUIREMENT (OCTOBER 2019)

(a) Definition: 'Qualification requirement,' as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

FAA Contracting Officer, Ms. Leslie Fisher

(Agency Name and Contact) leslie.fisher@faa.gov__________________

(Address)

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror's Name ___________________________________________

Manufacturer's Name ______________________________________

Source's Name ___________________________________________

Item Name ___________________________________________

Service Identification ______________________________________

Test Number ___________________________________________

(to the extent known) ______________________________________

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the

Government's best interests.

(e) If an offeror, manufacturer, source, product, or service has met the qualification requirement but is not yet on a qualified products list or qualified vendors list, the offeror shall submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

3.2.4-16 ORDERING (OCTOBER 2019)

(a) Any supplies and services to be furnished under this contract must be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract. Such orders may be issued from:

Base: PoP TBD

Option 01: PoP TBD

Option 02: PoP TBD

Option 03: PoP TBD

Option 04: POP TBD

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract must control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders issued by facsimile, email or other electronic commerce methods are considered "issued" when the Government sends the order. Orders may be issued orally only if authorized in the contract.

3.2.4-17 ORDER LIMITATIONS (OCTOBER 2019)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $750,000.00;

(2) Any order for a combination of items in excess of $2,000,000.00; or

(3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract, the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor must honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the

Government may acquire the supplies or services from another source.

3.2.4-20 INDEFINITE QUANTITY (OCTOBER 2019)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance must be made only as authorized by orders issued in accordance with the "Ordering" clause. The Contractor must furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government will order at least the quantity of supplies or services designated in the Schedule as the minimum.

(c) Except for any limitations on quantities in the "Order Limitations" clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period must be completed by the Contractor within the time specified in the order. The contract must govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor must not be required to make any deliveries under this contract after the final day of the contract term.

3.2.4-34 OPTION TO EXTEND SERVICES (OCTOBER 2019)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.

3.2.4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (OCTOBER

2019)

(a) The Government may extend the term of this contract by written notice to the Contractor within the current contract year; provided, that the Government will give the Contractor a preliminary written notice of its intent to extend at least 60 working 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 must be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, must not exceed 6 (months) 10 (years).

3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JULY 2018)

(a) Definitions. As used in this clause

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic

Funds Transfer (EFT) accounts for the same parent concern.

"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database.

"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror must enter, in Representations, Certifications and Other Statements of Offerors

Section of the solicitation, the DUNS or DUNS +4 number that identifies the Offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

http://fedgov.dnb.com/webform

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the offeror does not become registered in the SAM database in the time prescribed by the

Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the

Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans

Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.

(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of AMS regarding novation and change-of-name agreements; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting https://www.vip.vetbiz.gov/

Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims.

Assignees must be separately registered in the SAM database. Information provided to the

Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.

3.3.1-36 AVAILABILITY OF FUNDS - OPTION PERIODS UNDER A

CONTINUING RESOLUTION (APRIL 2008)

Due to the possibility of the enactment of a continuing resolution in lieu of an annual appropriation, full fiscal year funding may not be available for an entire contract option period. In the event of a continuing resolution, FAA will only be liable for an amount based on the time period specified by the continuing resolution. The amount of funds made available by the continuing resolution will be specified by subsequent modification. If the contractor provides services in excess of the funded amount or beyond the covered period, the contractor does so at its own risk.

3.17-1 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING

REQUIREMENTS (JULY 2010)

(a) Definitions. For definitions related to this clause (e.g., contract, first-tier subcontract, total compensation etc.) see the Frequently Asked Questions (FAQs) available at http://www.whitehouse.gov/omb/recovery_faqs_contractors. These FAQs are also linked under http://www.FederalReporting.gov.

(b) This contract requires products and services that are funded under the American Recovery and http://www.sam.gov/ http://www.whitehouse.gov/omb/recovery_faqs_contractors http://www.federalreporting.gov/

Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract.

(c) Reports from the Contractor for all work funded, in whole or in part, by the Recovery Act, are due no later than the 10th day following the end of each calendar quarter. The Contractor must review the Frequently Asked Questions (FAQs) for Federal Contractors before each reporting cycle and prior to submitting each quarterly report as the FAQs may be updated from time-to-time. The first report is due no later than the 10th day after the end of the calendar quarter in which the Contractor received the award. Thereafter, reports must be submitted no later than the 10th day after the end of each calendar quarter. For information on when the Contractor must submit its final report, see http://www.whitehouse.gov/omb/recovery_faqs_contractors.

NOTE: In addition to the quarterly FederalReporting.gov reporting requirements in (c) above, the contractor must compile monthly jobs data to the FAA in MS Excel format and must send via email to: 9-AJF-CWP-StimulusTracking@faa.gov. Forms and form instructions will be provided by the FAA Capital Program Formulation Group (AJF-25).

(d) The Contractor must report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract or order number.

(2) The amount of recovery funds invoiced by the contractor, cumulative since the beginning of the contract;

(3) A detailed list of all services performed or supplies delivered for which the contractor has invoiced, including –

(i) Project title, if any;

(ii) A description of the overall purpose and expected outcomes or results of the contract

(iii) An assessment of the contractor's progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50% completed, completed 50% or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(iv) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and address the impact on the Contractor's and first-tier subcontractors' workforce for all first-tier subcontracts valued at $25,000 or more. At a minimum, the

Contractor must provide:

(A) A brief description of the types of jobs created and jobs retained in the United States and outlying areas. This description may rely on job titles, broader labor categories, or the Contractor's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(B) An estimate of the number of jobs created and jobs retained by the prime Contractor and all first-tier subcontracts valued at $25,000 or more, in the United States and outlying areas. A job cannot be reported as both created and retained. See an example of how to calculate the number of jobs at http://www.whitehouse.gov/omb/recovery_faqs_contractors.

(4) Names and total compensation of each of the five most highly compensated officers for the calendar mailto:9-AJF-CWP-StimulusTracking@faa.gov http://www.federalreporting.gov/ year in which the contract is awarded if –

(i) In the contractor's preceding fiscal year, the contractor received-

(A) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants

(and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants

(and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior 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.

(5) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is valued at

$25,000, the Contractor must require the subcontractor to provide the information described in paragraphs

(d)(1)(i), (ix), (x), (xi), and (xii) of this section to the Contractor for the purposes of the quarterly report.

The Contractor must advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The Contractor must provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and of the subcontractor's parent company, if any.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System code.

(vi) Funding agency.

(vii) A description of the product or service to be provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor physical address including street address, city, state and nine-digit zip code and congressional district if in the United States.

(x) Subcontract primary performance location including street address, city, state and nine-digit zip code and congressional district if in the United States.

(xi) Names and total compensation of each of the five most highly compensated officers for the calendar year in which the subcontract is awarded if –

(A) In the subcontractor's preceding fiscal year, the subcontractor received –

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants

(and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants

(and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior 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.

(xii) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and address the impact on the subcontractor's workforce.

At a minimum, the subcontractor must provide:

(A) A brief description of the types of jobs created and jobs retained in the United States and outlying areas

(see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the subcontractor's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(B) An estimate of the number of jobs created and jobs retained by the subcontractor in the United States and outlying areas. A job cannot be reported as both created and retained. See an example of how to calculate the number of jobs at http://www.whitehouse.gov/omb/recovery_faqs_contractors.

3.17-2 AUTHORITY OF THE INSPECTOR GENERAL AND COMPTROLLER

GENERAL RELATING TO CONTRACTS USING AMERICAN

RECOVERY AND REINVESTMENT ACT FUNDING (APRIL 2009)

In addition to any other existing authority the Department of Transportation Inspector General or the Comptroller General has, the Inspector General and Comptroller General are further authorized--

(a) To examine any records of the contractor or any of its subcontractors that pertain to, and involve transactions relating to, the contract or subcontract; and

(b) To interview any officer or employee of the contractor or subcontractor.