ASH-IV SIR SEC H_POSTED.pdf

SCREENING INFORMATION REQUEST (SIR)

NUMBER 693KA9-24-R-00004

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PART I SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Section K Incorporated By Reference

Section K, Representations and certifications are incorporated by reference in the contract.

H.2 AMS Clauses in Full Text

AMS 3.1.9-1 Electronic Commerce and Signature (July 2020)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

(1) Contracts written on paper and contracts in electronic form;

(2) Pen-and-ink signatures and electronic signatures; and

(3) Other legally-required written records and the same information in electronic form.

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.

(c) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA-1). All digitally signed documents and contracts sent to the FAA must use a SHA- 256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section 5.6.2 as amended and SP 800- 131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications: Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

AMS 3.2.5-7 Disclosure Regarding Payments to Influence Certain Federal Transactions (January 2022)

(a) Definitions.

(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.

(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C.

9101.

(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:

(i) The awarding of any Federal contract.

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(ii) The making of any Federal grant.

(iii) The making of any Federal loan.

(iv) The entering into of any cooperative agreement.

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.

(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

(7) "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:

(i) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.

(ii) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.

(iii) A special Government employee, as defined in section 202, title 18, United States Code.

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States Code, appendix 2.

(8) 'Person,' as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(9) 'Reasonable compensation,' as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

(10) 'Reasonable payment,' as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

(11) 'Recipient,' as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(12) 'Regularly employed,' as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee

H-3 who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person must be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

(13) 'State,' as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal action) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the screening information request (SIR), the offeror must complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this clause in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 must disclose accordingly.

(4) This certification and disclosure is a prerequisite for making or entering into this contract imposed by the Act. Any person who makes a prohibited expenditure or fails to file or amend a disclosure form, must be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure.

(c) The prohibitions of the Act do not apply under the following conditions:

(1) Agency and legislative liaison by its own employees.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.

(ii) For purposes of subdivision (c)(1)(i) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(iii) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:

(A) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(iv) The following agency and legislative liaison activities are permitted where they are prior to Screening Information Request (SIR) of any covered Federal action:

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(A) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(B) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(C) Capability presentations by persons seeking awards from an agency pursuant to the provisions of a law authorizing such actions;

(v) Only those services expressly authorized by subdivision (c)(1)(i) of this clause are permitted under this clause.

(2) Professional and technical services.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of:

(A) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered

Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(B) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(ii) For purposes of subdivision (c)(2)(i) of this clause, 'professional and technical services' must be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a submittal/offer by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action.

Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's submittal/offer, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a submittal/offer are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.

(iii) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(iv) Only those services expressly authorized by subdivisions (c)(2)(i) and (ii) of this clause are permitted under this clause.

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(v) The reporting requirements herein must not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

(d) Disclosure.

(1) If the Contractor, who requests or receives from an agency a Federal contract, has made or has agreed to make any payment using non-appropriated funds (to include profits from any Covered Federal action), to any person for the purpose of influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with a Covered Federal action, the Contractor must file with that agency a disclosure form, OMB Standard Form LLL, Disclosure of Lobbying Activities..

(2) The Contractor must file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (d)(1) of this clause. An event that materially affects the accuracy of the information reported includes:

(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or

(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or

(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

(3) The Contractor must require the certification, and if required, a disclosure form by any person who requests or receives any subcontractor exceeding $150,000 under the Federal contract.

(4) All subcontractor disclosure forms must be forwarded from tier to tier until received by the prime Contractor. The prime Contractor must submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor.

(e) Agreement. The Contractor agrees not to make any payment prohibited by this clause.

(f) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or fails to file or amend the disclosure form to be filed or amended by paragraph (b) must be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representations made by their subcontractors in the certification and in the disclosure form.

(g) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

AMS 3.8.2-17 Key Personnel and Facilities (July 2019)

(a) The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract.

(b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the Contractor must notify in writing, and receive consent from, the Contracting Officer reasonably in

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(c) No diversion will be made by the Contractor without the written consent of the Contracting Officer.

(d) The key personnel and/or facilities under this contract are:

Labor Category

• Senior Program Manager

• Software Architect

• Senior Database Administrator

AMS 3.13-15 Confidentiality of Data and Information (November 2016)

(a) In performance of this contract, the contractor and any of its subcontractors, may need access to and use various data and information in the possession of the Government. This data and information may have been obtained under conditions which restrict the Governments right to use and disclose this data and information or which may be adverse to the interests of the Government or other parties if it is disseminated or used in a capacity other than in performance of this contract. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to:

(1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless it is already publicly available; or (2) use for any purpose other than the performance of this contract any data or information which bears a restrictive marking or legend which the contractor has gained access to through the performance of this contract, or information that should be marked according to FAA Order 1600.75 Protecting Sensitive Unclassified Information (SUI).

For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form.

(b) In the event the work required to be performed under this contract requires access to proprietary data and information of other companies, the contractor must obtain agreement from such other companies for such use unless such data are provided or made available to the contractor by the Government. Two copies of such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use and disclosure of the proprietary data and information as well as any other terms and conditions to be agreed upon between the parties thereto. It is agreed by the contractor that any such data or information, whether obtained by the contractor pursuant to the aforesaid agreement or from the Government, must be protected from unauthorized use by or unauthorized disclosure to any individual, corporation, or organization so long as it remains proprietary.

(c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information as required above. The contractor must obtain from each employee in connection with this contract a signed Non-Disclosure Agreement. This agreement must provide that the employee will not, during employment or anytime thereafter, disclose or use for current or future benefit of any party any of the data (to include any form of Sensitive Unclassified Information (SUI) described in FAA Order 1600.75) or information not publicly available received in connection with the work under the contract.

(d) The contractor agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third-party data or software by the contractor, its employees, subcontractors, or agents.

(e) 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

H-7 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.

(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information described above obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company. The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed. The FAA reserves the right to audit the deletion. The FAA must provide notice of the audit 10 calendar days prior to the audit.

(g) These restrictions do not limit the contractor's (or subcontractor's) right to use and disclose any data and information obtained from another source without restriction. (End of clause) Must be used in SIRs and contracts when the contractor has access to any restricted or proprietary data or information as specified in sections (a) or (b) of this clause. This clause may be modified by the Contracting Officer with the concurrence of legal counsel.

H.3 Release and Dissemination of Information

The Contractor must not publish, permit to be published or distribute for public consumption any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract with prior written consent of the Contracting Officer. This statement includes seminars, professional society meeting/conferences and meetings with foreign dignitaries both government and from the private sector. Except as required by law or regulation, the Contractor must issue no news release, public announcement or advertising material concerning this contract without prior written consent of the CO. Two (2) copies of any material proposed to be published or distributed must be written and submitted to the CO and COR for review 30 calendar days prior to publication.

H.4 Access to FAA Property and Facilities

(a) The effort required to be accomplished under this contract may require the Contractor to perform work at facilities operated by the FAA. The Contractor, therefore, will be granted ingress and egress at the specific sites where the effort is to be performed. Access to a site must be coordinated with the FAA COR and approved by the CO.

(b) While Contractor personnel are at a site, they are required to comply with all rules and regulations of the site, particularly in the areas of health and safety. The facilities to which the Contractor has access at all times will be in the custody of the FAA and will not be considered “FAA Property” or facilities furnished to the Contractor.

(c) The Contractor must require that all Contractor personnel who perform work at FAA facilities wear FAA identification badges that clearly identify individuals as Contractor employees.

(d) The FAA reserves the right to issue FAA identification badges to Contractor employees. If FAA badges are required, they will be issued in accordance with FAA procedures.

(e) The scheduling of access to Government facilities must be under the control of the Government.

Facility availability will be scheduled to permit timely performance of contract requirements. However, Contractor personnel must be prepared to work outside the normal daytime shift if conditions at the facility so require.

(f) If it is brought to the attention of the FAA that any Contractor or subcontractor employee working on this contract does not comply with the rules and regulations of the site, the Contractor will be advised in

H-8 writing by the Contracting Officer and access to the FAA facilities may be denied or withdrawn for that employee.

H.5 Indemnity (Government Negligence Excepted)

The Contractor must be responsible for and must indemnify and hold the Government harmless in connection with any loss or liability from damage to or destruction of property (including Government furnished property) or from injuries to or death of persons (including the agents and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused by the Contractor’s performance of work under this contract. If such damage, destruction, injury, or death is caused solely by the active negligence of the Government’s employees, agents, or representatives, the Contractor must hold the Government harmless in connection with any loss or liability but need not indemnify the Government. The Contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed on Government premises in whole, or in part. This clause does not apply to accidents caused by defects or deficiencies in supplies delivered under this contract.

H.6 Restrictions on Printing and Duplication

(1) The congressional Joint Committee on Printing has directed that Contractors providing equipment and services must not be prime sources of printing for Government agencies. However, duplicating of reports, data, or other written material is authorized provided that the material produced does not exceed (i) 5,000 production units or any one page and (ii) 25,000 production units in the aggregate when multiple pages are involved. Thus, duplicating by the Contract is not permitted under any circumstance if more than one color is involved, if contract negatives are involved, or if the pages exceed the maximum size of 10-3/4 x 14-1/4 inches.

(2) These restrictions do not preclude the writing, editing, and preparation of a manuscript or reproducible copy or coincidental printing (such as forms or instruction material) required by or used in connection with the performance of this contract.

(3) When printed material required to be furnished under this contract exceeds the production unit’s limits or is otherwise not permitted as specified in paragraph (a) above, the Contractor must furnish such material as unjustified clear typed text on one side only. Line drawings and photographs will be suitable as camera-ready copy for offset printing.

H.7 Original Software Manufacturer’s Federal Government Software and User License Terms and Conditions

The Federal Aviation Administration (FAA) places order/awards Contract Number _____________ contingent on the Reseller/Contractor providing the FAA the Original Software Manufacturer’s Federal Government Software and User License terms and conditions negotiated for the General Services Administration, Department of Defense or other Federal Agency contracts. The FAA provisionally accepts these Federal Government terms and conditions and will renegotiate acceptable FAA Acquisition Management System (AMS) terms and conditions.

A stand-alone copy (a complete document with no hyperlinks to external content) of Original Software Manufacturer’s Federal Government Software and User License terms, as described above, will be incorporated as an attachment to this order upon delivery of the software.

Commercial terms and conditions are not acceptable or legally binding absent specific acceptance and inclusion by the responsible FAA Contracting Officer in this agreement.

If the License Agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the FAA or any of its authorized end users to such clause. Any such clause is deemed to be stricken from the Enterprise User License Agreement, Terms of Service, or similar legal instrument or agreement.

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H.8 Small/Small Disadvantaged Business/Women-Owned/Service-Disabled Veteran Owned and HUBZone Small Business Subcontracting Goals

The Contractor, if not a Small Business, must establish the following below listed subcontracting goals in their subcontracting plan, submitted in accordance with AMS Clause 3.6.1-4, Small Business Subcontracting Plan (October 2022).

Work shall be allocated at least twenty-five (25) percent of the contract dollar value to small businesses over the full life of the contract. This twenty-five percent of the contract dollar value for small businesses is further broken down and allocated as follows: (14) percent to Small Disadvantaged Businesses (SDB), five (5) percent to Socially and Economically Disadvantaged Business (SEDB) 8(a), three (3) percent to Service-Disabled Veteran-Owned Small Business (SDVOSB), two (2) percent to Women-Owned Small Business (WOSB) firms, and/or Economically Disadvantaged Women-Owned Small Business (EDWOSB) firms or a small business if no SEDB 8(a), SDVOSB, HUBZone small businesses and one (1) percent to Historically Underutilized Business Zone (HUBZone) small businesses.

The small business and disadvantaged Business Subcontracting Plan, (to be completed within 30 days after award), if determined by the Contracting Officer to be acceptable, will be incorporated into this contract.

H.9 Mitigation Plan

The Contractor must submit a mitigation plan thirty (30) days after contract award) in accordance with the following AMS Clauses:

• AMS Clause 3.1.7-2 Organizational Conflicts of Interest (August 1997)

• AMS Clause 3.1.7-4 Organizational Conflict of Interest - Mitigation Plan Required (April 2012)

• AMS Clause 3.1.7-5 Disclosure of Conflicts of Interest (March 2009)

The Mitigation Plan, if determined by the Contracting Officer to be acceptable, will be incorporated into this contract.

H.10 Subcontractors

Before employment of any subcontractor under this contract, the Contractor must obtain the approval of the CO. The advanced notification for consent to subcontract must be submitted, in writing, to the CO. In requesting such approval, the Contractor must furnish all pertinent information required by the CO, which may include, but not be limited to, the name or names of individuals under consideration, extent of the proposed employment, the unexecuted subcontract document, any potential conflict of interest and the rate of reimbursement. The CO has sole responsibility for approving subcontracts and will require 30 calendar days to review an advanced notification for consent. Additional requirements may pertain in Section I, 3.10.2-3 Subcontracts (Time-and Materials and Labor-Hour).

H.11 Consultants

In addition to the provision of AMS Clauses Section I, 3.10.2-3 Subcontracts (Time-and Materials and Labor-Hour), the prior written consent of the CO must be obtained whenever an individual and/or commercial entity is to be reimbursed as a "Consultant" under this contract. Consultants are persons possessing special current knowledge or skill that may be combined with extensive operational experience. This background enables them to provide information, opinions, advice, or recommendations to enhance understanding of complex issues or to improve the quality and timeliness of policy development and decision making.

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Whenever CO written consent is required, the Contractor must obtain and furnish to the CO information concerning the need for the selection of such consultant services. The Contractor's information must also contain a justification of the reasonableness of the fees to be paid, including but not limited to whether fees to be paid to any Consultant exceed the lowest fee charged by such Consultant to others for performing consulting services of a similar nature. The CO has sole responsibility for approving consultants and will require 30 calendar days to review an advanced notification for consent.

The following consultants have been approved for work under this contract:

CONSULTANT'S NAME ADDRESS

H.12 Employee Termination

a. Contractor Personnel: The Contractor must notify the CO immediately whenever an employee performing work under this contract terminates employment. The Contractor will be responsible for returning or ensuring that the employee returns all DOT-issued contractor/employee identification and all other DOT property.

b. Government Personnel: If Government personnel obtain an identification card from the Contractor, these should be returned upon completion of assignment or departure from the FAA, whichever comes first. If applicable, the FAA will establish procedures for controlling Government personnel with access to Contractor's facilities.

H.13 Contractor Acquired Property

Title to material, equipment and property that the contractor is authorized to purchase under this contract as a direct cost to the Government must pass to and vest in the Government upon receipt of the equipment or property by the contractor. This property must be controlled in accordance with AMS Clause 3.10.3-2 Government Property- Basic Clause in Section I of this contract. Inspection and acceptance provisions for this property will be as described in this contract unless otherwise identified at the time the purchase is authorized.

H.14 Government Furnished Property

The government will provide the following equipment to all contractor personnel based ON SITE at Government locations -- desk space, computers, local telephone service, access to the computer network, and access to the internet/intranet. The government will provide all software required for application development ON-SITE at customer location and OFF-SITE at contractor location. The government will provide development environment hardware at offsite contractor location.

H.15 Control Over Subcontractor Data

The contractor must control the generation, receipt, approval, storage, and delivery of subcontractor data. The contractor must ensure that subcontractor data meets all the Engineering, logistics, and technical requirements of the contract.

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H.16 Contractor Personnel

a. Labor categories describe the type of experience or expertise and specific degree type needed. Skill levels describe the amount of experience required and level of education needed.

b. All personnel, regardless of whether employed by the contractor or subcontractor, must satisfy the specific educational, experience, and technical qualifications expressed in Attachment J-1, Labor Category and Skill Description.

c. In the event contractor or subcontractor personnel do not meet the detail of the qualification requirements but meet the overall intent of the requirements identified in Attachment J-1, the contractor must submit the resume of such personnel to the CO for approval prior to the individuals' commencement of work under this contract. Individuals must not be authorized to work under this contract in the proposed position until the CO has approved in writing such individuals.

d. In determining if an employee's level of education qualifies for a specific labor category/skill level, the Contractor must ensure that any degrees the employee has received were obtained from accredited colleges only. In determining the amount of employee direct or related work experience, the Contractor must not count any time the employee spent acquiring education, in any form, including time on-the-job in a cooperative program. The FAA reserves the right to waive any labor category qualifications when deemed in the best interest of the FAA.

e. Personnel Security Requirements

All contractors working with ASH systems, resources or information must meet the background investigation requirements of FAA Order 1600.1, Personnel Security Program and FAA Order 1600.72, Industrial Security Program.

Given the sensitive nature of work performed by ASH, all contractor positions are considered high risk positions. Consequently, all contractor personnel must be willing to submit to a FAA background investigation and complete the following forms: Form SF-85P, Questionnaire for Public Trust; Form FD-258, FBI Fingerprint Chart; and DOT Form 1631, Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Report Act.

In addition, the contractor personnel supporting ASH classified functional areas, operations or facilities will be required to complete SF86 forms to obtain a national security clearance.

The contractor company will require a Top-Secret facility security clearance.

H.17 Qualifications of Employees

The CO will provide notice to the contractor when the CO finds that any contractor employee is incompetent, careless, unsuitable, or otherwise objectionable, or whose conduct appears contrary to the public interest, or inconsistent with the best interest of national security. The contractor must take appropriate action, including the removal of such employees from working on this FAA contract, at its own expense. The contractor agrees to insert terms that conform substantially to the language of this clause in all subcontracts under this contract.

H.18 Performance of Work at Government Facilities

Any work under this contract which is performed by the Contractor or any of its subcontractors on premise under Government control, is subject to all provision of this contract governing such work and the following:

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(a) All Contract personnel must, at all times, conspicuously display distinctive badge provided by the DOT/FAA, identifying such personnel employees of the Contract, and must observe an otherwise be subject to such security regulations as are in effect for the particular premises involved. Contractor personnel assigned to off-site (Government Furnished space) support activities will comply with the security regulations of the Government installation where work is performed.

(b) Performance of work on Government premises must be confined to the area(s) specified by the CO and/or COR.

H.19 Contractor Teleworking

This contract allows for the contractor and its employees to telework. The contractor must seek authorization from the COR and approval from the CO before a contractor employee can telework. This authorization and approval shall be on a case-by-case basis and not to interpreted as a blanket decision. However, the FAA retains the right and discretion to approve or deny the contractor and their employees to telework. The FAA also retains the right to adjust the contractors telework schedule based upon it’s needs as well as individual performance considerations.

H.20 Section 508 of the Rehabilitation Act

It is the policy of the Department of Transportation to provide access to all of its programs, services and information to people with disabilities that is comparable to the level of access provided to others.

Section 504 of the Rehabilitation Act, and related Departmental regulations have made this a requirement since 1978. With the passage of recent amendments to SECTION 508 of the Rehabilitation act, the FAA must ensure that the Department’s electronic and information technologies (EIT) meets specific accessibility standards for people with disabilities, including both employees and the customers we serve, whenever we develop, procure, maintain or use EIT. Hence, The FAA has a requirement to comply with the provisions of SECTION 508 of the Rehabilitation Act as amended (as of June 21, 2001) and requires the contractor to provide any information as to their capacity to comply with requirement along with your technical and proposal.

H.21 Observance of Legal Holidays and Administrative Leave

Contractor personnel must not be required to work on holidays, unless directed by the Contracting Officer’s Representative. The following is a list of U.S. Federal holidays:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day Any other day designated by Federal statute, executive order, or Presidential proclamation

Adverse weather conditions or national emergencies may require the facility to reduce its personnel requirements to only those who are operationally necessary. The FAA will not pay the Contractor compensation for such days of reduced staffing. In the event a national emergency requires Contractor assistance on national holidays, notification will be made by the Contracting Officer’s Representative.

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H.22 Non-Personal Services

The Contractor agrees that this is a non-personal service contract. For the purposes of the contract the Contractor is not, nor shall it hold itself out to be, an agent or partner of, or joint venture with, the Government, and the Contractor shall neither supervise, nor accept supervision from, Government employees.

No personal services must be performed under this contract. No Contractor employees will be directly supervised by the Government. The applicable Contractor Supervisor must give contractor employee’s assignments and daily work direction. If the Contractor believes that any Government action or communication has been given that would create a personal services and/or an employee-employer relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or actions.

The Contractor must not perform any inherently Government actions under this contract. No Contractor employee must hold him or herself out to be a Government employee, agent or representative. No Contractor employee must state orally or in writing at any time that he or she is acting on behalf on the Government. In all communications with third parties (including participation in meetings) in connection with this contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work, and the contractor employee must state that they have no authority, in any way, to change the contract. In all communications with third parties (including other Government contractors) in connection with this contract, the contractor employee must state that they have no authority to change this contract.

The Contractor must ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government’s right in any way under any other provision of the contract including those related to the Government’s right to inspect and accept the service to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier.

Pursuant to AMS the CO may waive this provision to the extent that individual work orders may require Personal Services, provided that the required FAA approvals are obtained prior to the performance of the services. The Contractor is the legally responsible employer and must maintain that relationship during the time its employees are assigned to work on this contract. The Contractor is solely responsible for all employee hiring, firing, discipline, promotions, training, bonuses, pay, and benefits.

H.23 Supervisory Control

All contractor employees assigned to work on this contract work under the supervision and control of the Contractor’s Program Manager (PM), who shall take direction solely from the Contracting Officer or the Contracting Officer’s Representative (COR). If the contractor believes a communication or action from a Government employee to a contractor employee violates this directive, the contractor must immediately inform the Contracting Officer and COR. The Contractor must ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government’s right in any way under any other provision of the contract including those related to the Government’s right to inspect and accept the service to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier.