BNATCS_DRAFT SIR_Section I.pdf

Section I – Contract Clauses

TABLE OF CONTENTS

1.13-1 Notice of Earned Value Management System (July 2016)

1.13-2 Earned Value Management System (July 2016)

1.13-5 Integrated Master Schedule (October 2019)

1.13-6 Contractor Integrated Baseline Review (July 2016)

1.13-7 Earned Value Management System - Withholding of Payment (October 2019)

3.1.7-1 Exclusion from Future Agency Contracts (July 2018)

3.1.7-2 Organizational Conflicts of Interest (January 2023)

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

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

3.1.7-6 Disclosure of Certain Employee Relationships (April 2023)

3.1.8-1 Cancellation, Rescission and Recovery of Funds for Illegal or Improper Activity (April 2024)

3.1.8-2 Price or Fee Adjustment for Illegal or Improper Activity (April 2024)

3.2.1.3-2 Right of First Refusal of Employment (October 2019)

3.2.1.5-1 Notice of Disaster or Emergency Area Set-Aside (April 2024)

3.2.1.5-4 Continuity of Services - Mission Critical Contracts (January 2008)

3.2.2.3-8 Audit and Records (July 2010)

3.2.2.3-24 Changes or Additions to Make-or-Buy Program (April 2024)

3.2.2.3-25 Price Reduction for Defective Certified Cost or Pricing Data (April 2024)

3.2.2.3-26 Price Reduction for Defective Certified Cost or Pricing Data – Modifications (April 2024)

3.2.2.3-27 Subcontractor Certified Cost or Pricing Data (April 2024)

3.2.2.3-28 Subcontractor Certified Cost or Pricing Data – Modifications (April 2024)

3.2.2.3-29 Integrity of Unit Prices (July 2004)

3.2.2.3-30 Termination of Defined Benefit Pension Plans (April 2023)

3.2.2.3-32 Waiving Facilities Capital Cost of Money (July 2004)

3.2.2.3-33 Order of Precedence (April 2024)

3.2.2.3-36 Reversing or Adjusting of Plans for Postretirement Benefits Other Than Pensions (PRB) (April 2023)

3.2.2.3-37 Notification of Ownership Changes (April 2023)

3.2.2.3-39 Requirements for Certified Cost or Pricing Data or Data Other Than Certified Cost or Pricing Data - Modifications (Jan 2022)

3.2.2.3-40 Precontract Costs (April 2024)

3.2.2.3-41 Performing Work (April 2024)

3.2.2.3-42 Differing Site Conditions (April 2024)

3.2.2.3-43 Site Investigation and Conditions Affecting the Work (April 2024)

3.2.2.3-44 Physical Data (July 2024)

3.2.2.3-45 Material and Workmanship (July 2024)

3.2.2.3-46 Supervising the Contract Work (July 2024)

3.2.2.3-47 Permits and Responsibilities (July 2024)

3.2.2.3-48 Other Contracts (July 2024)

3.2.2.3-49 Protecting Existing Vegetation, Structures, Equipment, Utilities, and Improvements (July 2024)

3.2.2.3-50 Property Protection (July 2024)

3.2.2.3-50 Alternate I Property Protection (July 2024)

3.2.2.3-51 Operations and Storage Areas (July 2024)

3.2.2.3-52 Use and Possession Before the Project is Complete (July 2024)

3.2.2.3-53 Cleaning Up and Roadway Maintenance (July 2024)

3.2.2.3-54 Preventing Accidents (July 2024)

3.2.2.3-55 Availability and Use of Utility Services (July 2024)

3.2.2.3-56 Schedules for Construction Contracts (July 2024)

3.2.2.3-57 Quantity Surveys (July 2024)

3.2.2.3-58 Layout of Work (July 2024)

3.2.2.3-59 Organization and Direction of the Work (July 2024)

3.2.2.3-60 Specifications, Drawings, and Material Offers (July 2024)

3.2.2.3-61 Responsibility of the Architect-Engineer Contractor (July 2024)

3.2.2.3-62 Preconstruction Conference (July 2024)

3.2.2.3-63 Site Visit (Construction) (July 2024)

3.2.2.3-64 Dismantling and Demolishing of Property (July 2024)

3.2.2.3-65 Use of Explosives (July 2004)

3.2.2.3-66 Contractor's Daily Log (July 2024)

3.2.2.3-67 Special Precautions for Work at Operating Airports (July 2024)

3.2.2.3-68 Safety and Health (October 2014)

3.2.2.3-69 Subcontracts - Construction (July 2024)

3.2.2.3-71 Commencement, Prosecution, and Completion of Work (July 2024)

3.2.2.3-73 Shipping Spare Parts (July 2024)

3.2.2.3-83 Prohibition Against Contracting with Inverted Domestic Corporations (October 2015)

3.2.2.5-1 Terms and Conditions-Simplified Purchases (Services and Supplies) (July 2019) 63

3.2.2.7-1 Qualification Requirements (July 2024)

3.2.2.7-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (April 2023)

3.2.2.7-8 Disclosure of Team Arrangements (April 2008)

3.2.2.8-1 Material Requirement (October 2019)

3.2.2.8-8 Liquidated Damages - Supplies, Services, or Research and Development (July 2024)

3.2.3-2 Cost Accounting Standards (October 2019)

3.2.3-3 Disclosure and Consistency of Cost Accounting Practices (October 2019)

3.2.3-4 Consistency in Cost Accounting Practices (October 2019)

3.2.3-5 Administration of Cost Accounting Standards (October 2019)

3.2.4-2 Fixed-Priced Contracts with Economic Price Adjustment-Standard Supplies (July 2024)

3.2.4-3 Fixed-Price Contracts with Economic Price Adjustment-Semi-standard Supplies (July 2024)

3.2.4-5 Allowable Cost and Payment (October 2019)

3.2.4-6 Fixed Fee (October 2019)

3.2.4-7 Fixed Fee-Construction (October 2019)

3.2.4-8 Incentive Fee (July 2024)

3.2.4-9 Cost Contract - No Fee (October 2019)

3.2.4-10 Cost-Sharing Contract - No Fee (October 2019)

3.2.4-11 Allowable Cost and Payment-Facilities (October 2019)

3.2.4-12 Allowable Cost and Payment-Facilities Use (October 2019)

3.2.4-13 Predetermined Indirect Cost Rates (October 2019)

3.2.4-14 Incentive Price Revision-Firm Target (July 2024)

3.2.4-15 Incentive Price Revision-Successive Targets (July 2024)

3.2.4-16 Ordering (October 2024)

3.2.4-17 Order Limitations (October 2019)

3.2.4-18 Definite Quantity (October 2019)

3.2.4-19 Requirements (October 2024)

3.2.4-20 Indefinite Quantity (October 2019)

3.2.4-21 Execution and Commencement of Work (October 2024)

3.2.4-22 Limitation of Government Liability (October 2024)

3.2.4-23 Contract Price Definitization (October 2019)

3.2.4-24 Payments of Allowable Costs Before Definitization (October 2019)

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

3.2.4-28 Cancellation of Items (October 2019)

3.2.4-32 Option for Increased Quantity (October 2024)

3.2.4-33 Option for Increased Quantity - Separately Priced Line Item (October 2024)

3.2.4-34 Option to Extend Services (October 2019)

3.2.4-35 Option to Extend the Term of the Contract (July 2021)

3.2.4-36 Award Fee (October 2019)

3.2.5-1 Officials Not to Benefit (October 2024)

3.2.5-3 Gratuities or Gifts (October 2024)

3.2.5-4 Contingent Fees (October 2024)

3.2.5-5 Anti-Kickback Procedures (October 2024)

3.2.5-6 Restrictions on Subcontractor Sales to the FAA (October 2024)

3.2.5-7 Disclosure Regarding Payments to Influence Certain Federal Transactions (October 2024)

3.2.5-8 Whistleblower Protection for Contractor Employees (April 2024)

3.2.5-13 Contractor Code of Business Ethics and Conduct (October 2024)

3.2.5-14 Display of Hotline Poster(s) (October 2024)

3.2.5-15 ATTORNEY-CLIENT PRIVILEGE (October 2024)

3.3.1-1 Payments (July 2018)

3.3.1-2 Payments under Fixed-Price Construction Contracts (October 2024)

3.3.1-3 Payments under Fixed-Price Architect-Engineer Contracts (October 2024)

3.3.1-4 Payment under Communication Service Contracts with Common Carriers (October 2024)

3.3.1-5 Payments under Time-and-Materials and Labor-Hour Contracts (October 2024) 131

3.3.1-7 RESERVED (October 2024)

3.3.1-8 Extras (October 2024)

3.3.1-9 Interest (April 2023)

3.3.1-10 Availability of Funds (October 2024)

3.3.1-11 Availability of Funds for the Next Fiscal Year (April 1996)

3.3.1-12 Limitation of Cost (October 2024)

3.3.1-13 Limitation of Cost (Facilities) (October 2024)

3.3.1-14 Limitation of Funds (October 2024)

3.3.1-15 Assignment of Claims (July 2018)

3.3.1-16 Prohibition of Assignment of Claims (October 2024)

3.3.1-17 Prompt Payment (October 2024)

3.3.1-18 Prompt Payment for Fixed-Price Architect-Engineer Contracts (January 2021) 150

3.3.1-19 Prompt Payment for Construction Contracts (January 2021)

3.3.1-20 Providing Accelerated Payment to Small Business Subcontractors (October 2012)

3.3.1-21 Financing Payment Terms for Purchases of Commercial Items (October 2024) . 170

3.3.1-22 Installment Payments (October 2024)

3.3.1-23 Invitation to Propose Payment Terms (October 2024)

3.3.1-24 Fast Payment Procedures (July 2018)

3.3.1-27 Invoices for Equipment Delivered (October 2023)

3.3.1-28 Notice of Progress Payments (October 2024)

3.3.1-29 Notice of Availability of Progress Payments Exclusively for Small Business Concerns (November 1997)

3.3.1-30 Progress Payments Not Included (October 2024)

3.3.1-31 Progress Payments (July 2018)

3.3.1-32 Performance Based Payments (October 2024)

3.3.1-33 System for Award Management (January 2024)

3.3.1-34 Payment by Electronic Funds Transfer- System for Award Management (October 2024)

3.3.1-36 Availability of Funds - Option Periods under a Continuing Resolution (October 2024)

3.3.1-37 Limitation on Government's Obligation (July 2018)

3.3.1-38 Unenforceability of Unauthorized Obligations – Commercial Software (October 2024)

3.3.1-39 Incremental Funding - Time-and-Materials and Labor-Hour Contracts (October 2024)

3.3.1-40 Electronic Submission of Payment Requests (October 2024)

3.3.2-1 FAA Cost Principles (October 2019)

3.3.2-2 Reimbursement for Travel and Subsistence (October 2024)

3.4.1-4 Performance Bond Requirements (January 2017)

3.4.1-5 Payment Bond Requirements (January 2018)

3.4.1-6 Additional Bond Security (April 1996)

3.4.1-7 Notice to Proceed (October 2019)

3.4.1-8 Patent Infringement Bond Requirements (October 2019)

3.4.1-9 Deposit of Assets Instead of Surety Bonds (April 1996)

3.4.1-10 Insurance - Work on a Government Installation (October 2020)

3.4.1-11 Insurance - Liability to Third Persons (April 2025)

3.4.1-12 Insurance (October 2019)

3.4.1-14 Liability and Insurance - Leased Motor Vehicles (October 2019)

3.4.2-1 State of New Mexico Gross Receipts and Compensating Tax (April 2025)

3.4.2-2 Taxes - Cost-Reimbursement Contracts with Foreign Governments (April 2025) 209

3.4.2-3 Taxes - Foreign Cost-Reimbursement Contracts (April 2025)

3.4.2-4 Taxes - Fixed-Price Contracts with Foreign Governments (April 2025)

3.4.2-5 Taxes - Foreign Fixed-Price Contracts (April 2025)

3.4.2-6 RESERVED (April 2025)

3.4.2-7 Federal, State, and Local Taxes - Fixed-Price, Noncompetitive Contract (April 2025)

3.4.2-8 Federal, State, and Local Taxes - Fixed Price Contract (April 2025)

3.4.2-9 North Carolina State and Local Sales and Use Tax - Construction Contracts (April 2025)

3.4.2-10 State and Local Taxes - Indefinite Delivery Contracts for Leased Equipment (October 2019)

3.5-1 Authorization and Consent (April 2023)

3.5-1 Alternate I Authorization and Consent (January 2009)

3.5-1 Alternate II Authorization and Consent (January 2009)

3.5-2 Notice and Assistance Regarding Patent and Copyright Infringement (January 2009)

3.5-3 Patent Indemnity (April 2017)

3.5-4 Patent Indemnity - Construction Contracts (January 2009)

3.5-5 Waiver of Indemnity (January 2009)

3.5-9 Filing of Patent Applications-Classified Subject Matter (January 2009)

3.5-10 Patent Rights – Ownership by the Contractor (January 2009)

3.5-12 Patent Rights-Ownership by Government (January 2009)

3.5-13 Rights in Data - General (October 2014)

3.5-13 Alternate I Rights in Data - General (January 2009)

3.5-13 Alternate II Rights in Data - General (January 2009)

3.5-13 Alternate III Rights in Data - General (January 2009)

3.5-13 Alternate IV Rights in Data - General (January 2009)

3.5-13 Alternate V Rights in Data - General (January 2009)

3.5-15 Additional Data Requirements (January 2009)

3.5-16 Rights in Data-Special Works (January 2009)

3.5-17 Rights in Data-Existing Works (January 2009)

3.5-18 Commercial Computer Software License (January 2009)

3.5-20 Technical Data Declaration, Revision, and Withholding of Payment - Major Systems (January 2009)

3.5-21 Rights In Data - SBIR Program (January 2009)

3.5-22 Major System - Minimum Rights (January 2009)

3.5-23 Rights to Proposal Data (Technical) (January 2009)

3.5-24 Unlimited Rights in Data – Architect-Engineer Contracts (October 2021)

3.6.1-1 Notice of Total Small Business Set-Aside (October 2019)

3.6.1-3 Utilization of Small, Small Disadvantaged, Women-Owned, Service-Disabled Veteran Owned, and HUBZone Small Business Concerns (April 2025)

3.6.1-4 Small Business Subcontracting Plan (April 2025)

3.6.1-5 Payments to Small Business Subcontractors (October 2022)

3.6.1-6 Liquidated Damages - Subcontracting Plan (October 2022)

3.6.1-7 Limitations on Subcontracting (July 2021)

3.6.1-8 Notification of Competition Limited to Eligible 8(a) Certified Small Disadvantaged Business Concerns (January 2024)

3.6.1-11 Mentor-Protégé Requirements and Evaluation (April 2025)

3.6.1-12 Notice of Set-Aside or Noncompetitive Award to Service-Disabled Veteran-Owned Small Business (July 2024)

3.6.1-13 Incentive Subcontracting Program (January 2010)

3.6.1-14 Notice of Partial Small Business Set-Aside (January 2021)

3.6.1-15 Post-Award Small Business Program Re-representation (July 2023)

3.6.1-16 Notice of Combined Set-Aside (April 2025)

3.6.1-17 North American Industry Classification System (NAICS) Code (October 2022) 277

3.6.1-18 Notice of HUBZone Set-Aside or Noncompetitive Award (January 2024)

3.6.1-19 Notice of Set-Aside or Noncompetitive Award to Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (April 2024)

3.6.1-20 Notice of Set-Aside or Noncompetitive Award to Economically Disadvantaged Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (April 2024)

3.6.2-1 Contract Work Hours and Safety Standards Act-Overtime Compensation (October 2018)

3.6.2-2 Convict Labor (April 2025)

3.6.2-4 Walsh-Healey Public Contracts Act (April 2025)

3.6.2-12 Equal Opportunity for Veterans (April 2022)

3.6.2-13 Equal Opportunity for Workers with Disabilities (April 2022)

3.6.2-14 Employment Reports on Veterans (April 2022)

3.6.2-15 Evaluation of Compensation for Professional Employees (April 2017)

3.6.2-16 Notice to the Government of Labor Disputes (April 2025)

3.6.2-17 Payment for Overtime Premiums (July 2023)

3.6.2-18 Davis Bacon Act (April 2025)

3.6.2-19 Withholding-Labor Violations (April 2025)

3.6.2-20 Payrolls and Basic Records (April 2025)

3.6.2-21 Apprentices and Trainees (April 2025)

3.6.2-22 Subcontracts (Labor Standards) (April 2025)

3.6.2-28 Service Contract Labor Standards (April 2025)

3.6.2-29 Statement of Equivalent Rates for Federal Hires (April 2025)

3.6.2-30 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (April 2025)

3.6.2-31 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (April 2025)

3.6.2-32 Service Contract Labor Standards - Minimum Wages and Fringe Benefits (April 2025)

3.6.2-33 Exemption from Application of Service Contract Labor Standards Provisions (for Contracts for Maintenance, Calibration, and/or Repair of Certain ADP, Scientific and Medical, and/or Office and Business Equipment-Contractor Certification) (October 2020)

3.6.2-34 Service Contract Labor Standards - Place of Performance Unknown (October 2020)

3.6.2-39 Trafficking in Persons (October 2024)

3.6.2-41 Employment Eligibility Verification (April 2025)

3.6.2-44 Notification of Employee Rights Under the National Labor Relations Act (April 2025)

3.6.2-45 Certification Regarding Trafficking in Persons Compliance Plan (April 2025) ... 318

3.6.2-46 Paid Sick Leave Under Executive Order 13706 (April 2025)

3.6.2-49 Reporting Requirement for U.S.-Flag Carriers Regarding Training To Prevent Human Trafficking (April 2025)

3.6.3-3 Hazardous Material Identification and Material Safety Data (October 2024)

3.6.3-4 Recovered Material Products Certification (October 2024)

3.6.3-5 Estimate of Percentage of Recovered Material for Designated Items to be Used in the Performance of the Contract (October 2024)

3.6.3-6 Notice of Ionizing and Non-Ionizing Radiation-Producing Materials (October 2024)

3.6.3-7 Waste Management and Pollution Prevention (April 2025)

3.6.3-8 Alternatives to Products Containing Ozone Depleting Substances and Hydrofluorocarbons (April 2025)

3.6.3-9 Ozone Depleting Substances and High Global Warming Potential Hydrofluorocarbons (October 2024)

3.6.3-10 Refrigeration Equipment and Air Conditioners (October 2024)

3.6.3-12 Asbestos - Free Construction (October 2024)

3.6.3-13 Affirmative Procurement of Recycled Content and Products under Service and Construction Contracts (October 2024)

3.6.3-17 Efficiency in Energy-Consuming Products (October 2024)

3.6.3-22 Construction Waste Management (April 2025)

3.6.3-24 Asbestos NESHAP Compliance (October 2024)

3.6.3-25 Aerosols (October 2024)

3.6.3-26 Foams (October 2024)

3.6.4-2 Buy American Act - Supplies (January 2024)

3.6.4-3 Buy American Act - Construction Materials (January 2024)

3.6.4-4 Buy American Act and FAA Buy American Preference- Construction Materials Under United States-Mexico-Canada Agreement (January 2024)

3.6.4-5 FAA Buy American Preference - Steel and Manufactured Goods (April 2022)

3.6.4-6 Balance of Payments Program (April 2021)

3.6.4-8 Buy American Act and FAA Buy American Preference - USMCA Implementation Act - Balance of Payments Program (January 2024)

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

3.6.4-11 Inconsistency Between English Version and Translation of Contract (April 1996)

3.6.4-14 Balance of Payments Program-Construction Materials-USMCA (April 2021)

3.6.4-16 Balance of Payments Program Certificate (January 2020)

3.6.4-20 Correspondence and Deliverables in English (January 2012)

3.6.4-21 Export Control (July 2014)

3.6.5-1 Utilization of Indian Organizations and Indian Owned Economic Enterprises (January 2023)

3.6.6-1 Drug Free Workplace (April 2023)

3.6.6-2 Seat Belt Use by Contractor Employees (April 2023)

3.6.6-3 Contractor Policy to Ban Text Messaging While Driving (July 2023)

3.8.2-9 Site Visit (July 2023)

3.8.2-10 Protection of Government Buildings, Equipment, and Vegetation (July 2019)

3.8.2-11 Continuity of Services (October 2018)

3.8.2-15 Indemnification and Medical Liability Insurance (July 2019)

3.8.2-19 Prohibition on Advertising (July 2019)

3.8.4-1 Vehicle Lease Payments (April 1996)

3.8.4-2 Condition of Leased Vehicles (April 1996)

3.8.4-3 Marking of Leased Vehicles (April 1996)

3.8.4-4 Tagging of Leased Vehicles (April 1996)

3.8.4-5 Government Supply Sources (April 1996)

3.8.4-6 Interagency Fleet Management System Vehicles and Related Services (April 1996)

3.8.9-2 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (July 2023)

AMS 3.8.9-4 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Entities (January 2024)

AMS 3.8.9-5 Prohibition on Using ByteDance Covered Applications Including TikTok (July 2023)

3.8.9-7 Federal Acquisition Supply Chain Security Act Orders—Prohibition (January 2024)

3.9.1-1 Contract Disputes (January 2020)

3.9.1-2 Protest After Award (August 1997)

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

3.10.1-2 Production Progress Reports (April 1996)

3.10.1-3 Penalties for Unallowable Costs (October 1996)

3.10.1-4 FOB Origin - Government Bills of Lading or Prepaid Postage (April 1996)

3.10.1-5 FOB Government Bills of Lading or Indicia Mail (April 1996)

3.10.1-6 Nonrefundable, Nonrecurring Service Charge (April 1996)

3.10.1-7 Bankruptcy (April 1996)

3.10.1-8 Suspension of Work (September 1998)

3.10.1-12 Changes - Fixed-Price (April 1996)

3.10.1-13 Changes - Cost-Reimbursement (April 1996)

3.10.1-14 Changes - Time and Materials or Labor Hours (April 2022)

3.10.1-15 Changes-Construction, Dismantling, Demolition, or Removal of Improvements (July 2023)

3.10.1-16 Changes and Changed Conditions (July 2023)

3.10.1-17 Change Order Accounting (April 1996)

3.10.1-18 Notification of Changes (April 1996)

3.10.1-19 Modification Cost Proposal - Price Breakdown (Construction) (July 1996)

3.10.1-20 Warranty-Construction (July 1996)

3.10.1-25 Novation and Change-Of-Name Agreements (October 2007)

3.10.1-26 Contractor Performance Assessment Reporting System (July 2023)

3.10.1-27 Changes - Increases to Contract Ceiling (April 2013)

3.10.1-28 Changes Required by AMS (January 2024)

3.10.2-1 Subcontracts (Fixed-Price Contracts) (July 2023)

3.10.2-2 Subcontracts (Cost-Reimbursement and Ceiling Priced Contracts) (July 2023) . 396

3.10.2-3 Subcontracts (Time-and-Materials and Labor-Hour Contracts) (July 2023)

3.10.2-4 Subcontractors and Outside Associates and Consultants (April 1996)

3.10.2-5 Competition in Subcontracting (July 2023)

3.10.2-6 Subcontracts for Commercial Items and Commercial Components (April 2025) 400

3.10.3-2 Government Property - Basic Clause (April 2022)

3.10.3-3 Government Property Installation Operation Services (October 2018)

3.10.3-5 Use and Charges (October 2018)

3.10.4-19 Government Industry Data Exchange Program (GIDEP) (January 2018)

3.10.4-21 Requirements for Software Measures (April 2012)

3.10.4-23 Contractor and Subcontractor Compliance with Fastener Act (November 1997)

3.10.4-25 Alternate Quality System Plan (April 2009)

3.10.4-26 Technical Data Quality Requirement for NAS Procurements (January 2004) ... 424

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

3.10.6-1 Termination for Convenience of the Government (Fixed Price) (October 1996) . 426

3.10.6-2 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) (October 1996)

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

3.10.6-3 Alternate IV Termination (Cost-Reimbursement) (January 2015)

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

3.10.6-5 Default (Fixed-Price Research and Development) (January 2020)

3.10.6-6 Default (Fixed Price Construction) (October 1996)

3.10.6-7 Excusable Delays (October 1996)

3.10.7-1 Indemnification under Public Law 85-804 (September 2001)

3.10.9-1 First Article Approval - Contractor Testing (October 2021)

3.10.9-2 First Article Approval - Government Testing (October 2021)

3.11-1 Commercial Bill of Lading Notations (April 1999)

3.11-2 Permits, Authorities, or Franchises (April 1999)

3.11-3 Capability to Perform a Contract for the Relocation of a Federal Office (April 1999)

3.11-7 Freight Excluded (April 1999)

3.11-8 Estimated Weights or Quantities Not Guaranteed (April 1999)

3.11-9 Agreed Weight - General Freight (April 1999)

3.11-10 Net Weight - General Freight (April 1999)

3.11-11 Net Weight - Household Goods or Office Furniture (April 1999)

3.11-12 Supervision, Labor or Materials (April 1999)

3.11-13 Accessorial Services - Moving Contracts (April 1999)

3.11-14 Contractor Responsibility for Receipt of Shipment (April 1999)

3.11-15 Contractor Responsibility for Loading and Unloading (April 1999)

3.11-16 Contractor Responsibility for Returning Undelivered Freight (April 1999)

3.11-17 Charges (April 1999)

3.11-18 Multiple Shipments (April 1999)

3.11-19 Stopping in Transit for Partial Unloading (April 1999)

3.11-20 Estimated Quantities or Weights for Evaluation of Offers (April 1999)

3.11-21 Contractor Liability for Personal Injury and/or Property Damage (April 1999) . 453

3.11-22 Contractor Liability for Loss of and/or Damage to Freight Other Than Household Goods (April 1999)

3.11-23 Contractor Liability for Loss of and/or Damage to Household Goods (April 1999)

3.11-24 Advance Notification by the Government (April 1999)

3.11-25 Government-Furnished Equipment With or Without Operators (April 1999)

3.11-26 Government Direction and Marketing (April 1999)

3.11-27 Contract Not Affected by Oral Agreement (October 2023)

3.11-28 Contractor's Invoices (October 2023)

3.11-61 Preference for U.S.-Flag Carriers (April 2025)

3.11-62 Preference for Privately Owned U.S. Flag Commercial Vessels (April 2025)

3.11-65 Submission of Commercial Transportation Bills to the General Services Administration for Audit (October 2023)

3.11-66 Cargo Insurance (April 1999)

3.11-67 Vehicular and General Public Liability Insurance (April 1999)

3.11-68 F.O.B. Origin - Government Bills of Lading or Prepaid Postage (April 1999)

3.11-69 Report of Shipment (RESHIP) (April 1999)

3.13-10 Contractor Attendance at FAA Sponsored Training (January 2003)

3.13-11 Plain Language (July 2006)

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

3.13-16 Records Management (October 2023)

3.14-1 Security Requirements - Classified Contracts (July 2021)

3.14-2 Contractor Personnel Suitability Requirements (April 2024)

3.14-3 Foreign Nationals as Contractor Employees (July 2023)

3.14-4 Access to FAA Facilities, Systems, Government Property, and Sensitive Unclassified Information (April 2024)

3.14-5 Sensitive Unclassified Information (SUI) (January 2022)

3.14-6 Privacy or Security Safeguards (November 2016)

3.14-9 Information Security Continuous Monitoring (ISCM) and Forensics on Contractor Systems (July 2022)

3.14-10 Privacy Act Notification (October 2018)

3.14-11 Privacy Act (October 2018)

3.14-12 Use of Contractor Equipment or Software - Not Permitted (July 2022)

3.14-13 Use of Contractor-Equipment or Software - Permitted (April 2024)

3.14-14 Cooperation with Defensive Counterintelligence Program (DCIP) Requirements (July 2023)

3.14-15 Handling of FAA Data (April 2024)

3.14-16 Technical requirements for contractor systems containing FAA data (April 2024)

1.13-1 Notice of Earned Value Management System (July 2016)

The offeror's (you/your) response to this screening information request (SIR) must include proof of a certified EVMS or provide a plan (the plan) to implement a certified system that complies with the EVMS criteria (the criteria) stated in subparagraph (b) of clause 1.13-2, "EVMS." You must submit the following as part of your proposal for Contracting Officer (CO) approval:

(a) Documentation demonstrating that your EVMS has been Electronic Industries Alliance Standard 748(EIA-748) certified and EVM surveillance documentation demonstrating that you have maintained an EIA-748 compliant EVMS at the time this SIR is issued; or

(b) The plan that explains how your EVMS will be certified for each guideline of the EIA-748 Standard.

(c) Names of subcontractors. If you have not yet identified subcontractors, you must identify any part of the work you intend to award to subcontractors. The CO must approve the subcontractors before you sign contracts with them.

(End of provision)

1.13-2 Earned Value Management System (July 2016)

(a) The Earned Value Management System (EVMS) is a management tool that provides for integrating technical, cost and schedule information about contract performance. This information enables the FAA (we) and contractor program managers to manage contracts more effectively. EIA -748 specifies the EVMS criteria that are incorporated by reference into this clause.

(b) The Contractor (you/your) must use an EVMS complying with the current version of EIA- 748 that the FAA Contracting Officer (CO) or the contracting officer from another federal agency certified before contract award. If you do not have a certified EVMS in place at the time of award, you must provide the CO with your plan to create an EVMS that complies with EIA-748 before award and implement the system within 90 days after award.

(c) Approved subcontractor EVM plans:

(1) The CO must approve subcontractor EVMS plans before they begin work. The CO has approved the following subcontractor EVMS systems.

[CO to insert name of approved subcontractor and EVMS plan here]

[CO to insert name of approved subcontractor and EVMS plan here]

(2) You must require subcontractors listed in the contract and subject to EVMS certification to comply with this clause, paragraphs (a) and (b).

(d) You must submit an Integrated Program Management Report (IPMR) prepared under [Contracting Officer to insert reference to location of the applicable DID DI-MGMT-81861 that specifies the contract's reporting requirements. The CO may request customized earned value management reports but at a minimum contractors must submit DID Formats 1, 3 , 5, 6 and 7].

(e) You must obtain approval for EVMS system revisions consistent with the EVM system change process approved with the EVM certification or similar agreement, i.e., EVM Advance Agreement, with the controlling certification approval or acceptance party.

(f) You must participate in FAA EVM Surveillance and provide access to all pertinent records and data requested by the CO so the we can verify that your EVMS complies with the criteria specified in subparagraph (b) at the time of award and throughout contract performance consistent with the FAA EVMS Surveillance Guide.

(End of clause)

1.13-5 Integrated Master Schedule (October 2019)

(a) Offerors must submit an Integrated Master Schedule (IMS) report prepared under Integrated Program Management Report (IPMR) DID DI-MGMT-81861 Format 6.

(b) Offerors must manage the execution of the [CO to insert program name] program using the IMS as a day-to-day execution tool and periodically assess program progress in meeting program requirements. Offerors must report on program progress consistent with the IMS at each program management review, at selected technical reviews and at other times at the Government's request.

(c) Offerors must revise the IMS, where necessary, to reflect current contract milestones and deliverables. The IMS will include all activities of the prime contractor, subcontractors, and dependencies on the Government. All contractor schedule information delivered to the Government or presented at program reviews must originate from the IMS. You must perform appropriate analyses of the IMS tasks and report potential or existing problem areas and recommend corrective actions to eliminate or reduce schedule impact to the program.

(End of clause)

1.13-6 Contractor Integrated Baseline Review (July 2016)

(a) The Contractor (you) must participate in a Government-conducted Integrated Baseline Review (IBR) with acceptable action plans approved by the Contracting Officer within 120 days after contract award and after executing major contract modifications.

(b) The IBR will be conducted consistent with the FAA Integrated Baseline Review (IBR) Guide.

(End of clause)

1.13-7 Earned Value Management System - Withholding of Payment (October 2019)

(a)Definition

"Significant Deficiency" means a shortcoming that affects the ability of the FAA to rely on information provided by the Earned Value Management System (EVMS) that is needed for management purposes

(b) General. The Contractor must establish and maintain an acceptable EVMS in accordance with the terms and conditions of this contract.

(c) Significant Deficiencies.

(1) The contractor must respond, in writing, within 30 days to an initial determination that there are one or more significant deficiencies in the Contractor's EVMS.

(2) The Contracting Officer will evaluate the Contractor's response and notify the Contractor, in writing, of the final determination whether the Contractor's EVMS contains significant deficiencies. If the Contracting Officer determines that the Contractor's EVMS contains significant deficiencies, the final determination will include a notice to withhold payments.

(d) Withholding Payments

(1)If the Contracting Officer issues the final determination with a notice to withhold payments for significant deficiencies in the Contractor's EVMS as required under this contract, the Contracting Officer will withhold five percent of amounts due from a progress payments and performance-based payments, and direct the Contractor, in writing, to withhold five percent from its billings on interim cost vouchers on cost, labor-hour, and time-and-materials contractors until the Contracting Officer has determined that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination. The Contractor must, within 45 days of receipt of the notice, either correct the deficiencies or submit an acceptable corrective action plan showing the milestones and actions to eliminate the deficiencies.

(2) If the Contractor submits an acceptable corrective action plan within 45 days of receipt of a notice of the Contracting Officer's intent to withhold payments, and the Contracting Officer, in consultation with the auditor or functional specialist, determines that the Contractor is effectively implementing such plan, the Contracting Officer will reduce withholding directly related to the significant deficiencies covered under the corrective action plan, to two percent from progress payments and performance-based payments, and direct the Contractor, in writing, to reduce the percentage withheld on interim cost vouchers to two percent until the Contracting Officer determines the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination. However, if at any time, the Contracting Officer determines that the Contractor has failed to follow the accepted corrective action plan, the Contracting Officer will increase withholding from progress payments and performance-based payments, and direct the Contractor, in writing, to increase the percentage withheld on interim cost vouchers to the percentage initially withheld, until the Contracting Officer determines that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination.

(3) Payment withhold percentage limits

(i)The total percentage of payments with held on amounts due under each progress payment, performance-based payment, or interim cost voucher, must not exceed five percent for one or more significant deficiencies in the Contractor's EVMS

(ii) If this contract contains pre-existing withholds due to significant deficiencies in the Contractor's EVMS, and the application of any subsequent payment withholds will cause withholding under this clause to exceed the payment withhold percentage limits in paragraph (d)

(3) (i) of this clause, the Contracting Officer will reduce the payment withhold percentage in the final determination to an amount that will not exceed the payment withhold percentage limits.

(4) For the purpose of this clause, payment means any of the following payments authorized under this contract:

(i) Interim payments under-

(A) Cost-reimbursement contracts;

(B) Incentive-type contracts;

(C) Time-and-materials contracts;

(D) Labor-hour contracts

(ii) Progress payments.

(iii) Performance-based payments.

(5) Payment withholding will not apply on fixed-price line items where performance is complete and the items were accepted by the FAA.

(6) The withholding of any amount or subsequent payment to the Contractor will not be construed as a waiver of any rights or remedies that the FAA has under this contract.

(7) Notwithstanding the provisions of any clause in the contract providing for interim, partial, or other payment withholding on any basis, the Contracting Officer may withhold payment in accordance with the provisions of this clause.

(8) The payment withholding authorized in this clause is not subject to the interest-penalty provisions of the Prompt Payment Act.

(e) Correction of deficiencies

(1) The Contractor must notify the Contracting Officer, in writing, when the Contractor has corrected the deficiencies of the EVMS.

(2) Once the Contractor has notified the Contracting Officer that all deficiencies have been corrected, the Contracting Officer will take one of the following actions:

(i) If the Contracting Officer determines that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination, the Contracting Officer will, as appropriate, discontinue the withholding of progress payments and performance-based payments, and direct the Contractor, in writing, to discontinue the payment withholding from billings on interim cost vouchers under this contract associated with the Contracting Officer's final determination, and authorize the Contractor to bill for any monies previously withheld that are not also being withheld due to other significant deficiencies. Any payment withholding under this contract due to other significant deficiencies will remain in effect until the Contracting Officer determines that those significant deficiencies are corrected.

(ii) If the Contracting Officer determines that the Contractor still has significant deficiencies, the Contracting Officer will continue the withholding of progress payments and performance-based payments, and the contractor must continue withholding amounts from its billings on interim cost vouchers in accordance with paragraph (d) of this clause, and not bill for any monies previously withheld.

(iii) If, within 90 days of receipt of the Contractor notification that the Contractor has corrected the significant deficiencies, the Contracting Officer has not made a determination whether the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination, or has not made a determination whether there is a reasonable expectation that the corrective actions have been implemented, the Contracting Officer will reduce withholding directly related to the significant deficiencies covered under the corrective action plan by at least 50 percent of the amount being withheld from progress payments and performance-based payments, and direct the Contractor, in writing, to reduce the percentage withheld on interim cost vouchers by at least 50 percent, until the Contracting Officer makes a determination whether the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination, or has made a determination whether there is a reasonable expectation that corrective actions have been implemented.

(iv) At any time after the Contracting officer reduces or discontinues the withholding of progress payments and performance-based payments, or directs the Contractor to reduce or discontinue the payment withholding from billings on interim cost vouchers under this contract, if the Contracting Officer determines that the Contractor has failed to correct the significant deficiencies identified in the Contractor's notification, the Contracting Officer will reinstate or increase withholding from progress payments and performance-based payments, and direct the Contractor, in writing, to reinstate or increase the percentage withheld on interim cost vouchers to the percentage initially withheld, until the Contracting Officer determines that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination.

(End of clause)

3.1.7-1 Exclusion from Future Agency Contracts (July 2018)

(a) Work under this contract may create a future organizational conflict of interest (OCI) that could prohibit the Contractor from competing for, or being awarded future Government contracts.

The following examples illustrate situations in which questions concerning organizational conflicts of interest may arise. They are not all-inclusive, but are intended to help the Contracting Officer apply general guidance to individual contract situations:

(1) Unequal access to information. Access to "nonpublic information" as part of the performance of an FAA contract could provide the contractor a competitive advantage in a later competition for another FAA contract. Such an advantage could easily be perceived as unfair by a competing vendor who is not given similar access to the relevant information. If the requirements of the FAA procurement anticipate the successful vendor may have access to nonpublic information, the successful vendor should be required to submit and negotiate an acceptable mitigation plan.

Alternatively, the "nonpublic information" may be provided to all vendors.

(2) Biased ground rules. A contractor in the course of performance of an FAA contract has in some fashion established important "ground rules" for another FAA contract, where the same contractor may be a competitor. For example, a contractor may have drafted the statement of work, specifications, or evaluation criteria of a future FAA procurement. The primary concern of the FAA in this case is that a contractor so situated could slant key aspects of a procurement in its own favor, to the unfair disadvantage of competing vendors. If the requirements of the FAA procurement anticipate the contractor may have been in a position to establish important ground rules, including but not limited to those described herein, the contractor should be required to submit and negotiate an acceptable mitigation plan.

(3) Impaired objectivity. A contractor in the course of performance of an FAA contract is placed in a situation of providing assessment and evaluation findings over itself, or another business division, or subsidiary of the same corporation, or other entity with which it has a significant financial relationship. The concern in this case is that the contractor's ability to render impartial advice to the FAA could appear to be undermined by the contractor's financial or other business relationship to the entity whose work product is being assessed or evaluated. In these situations, a "walling off" of lines of communication may well be insufficient to remove the perception that the objectivity of the contractor has been tainted. If the requirements of the FAA procurement indicate that the successful vendor may be in a position to provide evaluations and assessments of itself or corporate siblings, or other entity with which it has a significant financial relationship, the affected contractor should provide a mitigation plan that includes recusal by the vendor from the affected contract work. Such recusal might include divestiture of the work to a third party vendor.

(b) In order to prevent a future OCI resulting from potential bias, unfair competitive advantage, or impaired objectivity, the Contractor will be subject to the following restrictions:

(1) The Contractor will be excluded from competition for, or award of any government contracts as to which, in the course of performance of this contract, the Contractor has received advance procurement information before such information has been made generally available to other persons or firms.

(2) The Contractor will be excluded from competition for, or award of any FAA contract for which the contractor actually assists in the development of the screening information request (SIR), specifications or statements of work.

(3) The Contractor will be excluded from competition for or award of any government contract which calls for the evaluation of system requirements, system definitions, or other products developed by the Contractor under this contract.

(4) The Contractor will be excluded from competition for, or award of any government contract which calls for the construction or fabrication of any system, equipment, hardware, and/or software for which the Contractor participated in the development of requirements or definitions pursuant to this contract.

(c) This clause will not exclude the Contractor from performing work under any amendment or modification to this contract or from competing for award for any future contract for work that is the same or similar to work performed under this contract.

(d) The term "contractor" as used in this clause, includes any person, firm or corporation which has a majority or controlling interest in the contractor or in any parent corporation thereof, any person, firm, or corporation in or as to which the contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest. The term also includes the corporate officers of the contractor, those of any corporation that has a majority or controlling interest in the contractor, and those of any corporation in which the contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest.

(e) The agency may in its sole discretion, waive any provisions of this clause if deemed in the best interest of the Government. The exclusions contained in this clause will apply for the duration of this contract and for three (3) years after completion and acceptance of all work performed hereunder.

(f) If any provision of this clause excludes the Contractor from competition for, or award of any contract, the Contractor will not be permitted to serve as a subcontractor, at any tier, on such contract. This clause must be incorporated into any subcontracts or consultant agreements awarded under this contract unless the Contracting Officer determines otherwise.

(End of clause)

3.1.7-2 Organizational Conflicts of Interest (January 2023)

(a) The offeror or Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in the FAA Acquisition Management System, "Organizational Conflicts of Interest (T3.1.7)", or that the Contractor has disclosed all such relevant information.

(b) The offeror or Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor must make a full disclosure in writing to the Contracting Officer. The disclosure must include a mitigation plan describing actions the Contractor has taken or proposed to take, to avoid, mitigate, or neutralize the actual or potential conflict. Changes in the Contractor's relationships due to mergers, consolidations or any unanticipated circumstances may create an unacceptable organizational conflict of interest might necessitate such disclosure.

(c) The FAA reserves the right to review and audit OCI mitigation plans as needed after award, and to reject mitigation plans if the OCI, in the opinion of the Contracting Officer cannot be avoided, or mitigated.

(d) The Contracting Officer may terminate this contract for convenience in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate this contract for default, debar the Contractor from government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) The Contractor further agrees to insert provisions which must conform substantially to the language of this clause including this paragraph (d) in any subcontract or consultant agreement hereunder.

(End of clause)

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

(a) The policy of the FAA is to avoid contracting with contractors who have unacceptable organizational conflicts of interest. An organizational conflict of interest ("OCI") means that because of existing or planned activities, an offeror or contractor is unable or potentially unable to render impartial assistance to the agency, or has an unfair competitive advantage, or the offeror or contractor's objectivity is, or might be, impaired. It is not the intention of the FAA to foreclose a vendor from a competitive acquisition due to a perceived OCI. FAA Contracting Officers are fully empowered to evaluate each potential OCI scenario based upon the applicable facts and circumstances. The final determination of such action may be negotiated between the impaired vendor and the Contracting Officer. The Contracting Officer's business judgment and sound discretion in identifying, negotiating, and eliminating OCI scenarios should not adversely affect the FAA's policy for competition. The FAA is committed to working with potential vendors to eliminate or mitigate actual and perceived OCI situations, without detriment to the integrity of the competitive process, the mission of the FAA, or the legitimate business interests of the vendor community.

(b) Mitigation Plans. The successful contractor will be required to permit a Government audit of internal OCI mitigation procedures for verification purposes. The FAA reserves the right to reject a mitigation plan, if in the opinion of the Contracting Officer, such a plan is not in the best interests of the FAA. Additionally, after award the FAA will review and audit OCI mitigation plans as needed, in the event of changes in the vendor community due to mergers, consolidations, or any unanticipated circumstances that may create an unacceptable OCI.

(c) Potential Organizational Conflict of Interest. The following examples illustrate situations in which questions concerning organizational conflicts of interest may arise. They are not all inclusive.

(1) Unequal access to information. Access to "nonpublic information" as part of the performance of an FAA contract, grant, cooperative agreement, or other transaction agreement could provide the contractor a competitive advantage in a later competition for another FAA contract. Such an advantage could easily be perceived as unfair by a competing vendor who is not given similar access to the relevant information. If the requirements of the FAA procurement anticipate the successful vendor may have access to nonpublic information, the successful vendor should be required to submit and negotiate an acceptable mitigation plan.

(2) Biased ground rules. A contractor in the course of performance of an FAA contract, grant, cooperative agreement, or other transaction agreement that has in some fashion established important "ground rules" for another FAA acquisition, where the same contractor may be a competitor. For example, a contractor may have drafted the statement of work, specifications, or evaluation criteria of a future FAA procurement. The primary concern of the FAA in this case is that a contractor so situated could slant key aspects of a procurement in its own favor, to the unfair disadvantage of competing vendors. If the requirements of the FAA procurement indicate the successful vendor may be in a position to establish, or may have important ground rules, including but not limited to those described herein, the successful vendor should be required to submit and negotiate an acceptable mitigation plan.

(3) Impaired objectivity. A contractor in the course of performance of an FAA contract, grant, cooperative agreement, or other transaction agreement is placed…