DFO Segment 2 Section H Draft 2.pdf

PART I – SECTION H SPECIAL CONTRACT REQUIREMENTS

Screening Information Request (SIR) 693KA8-21-R-00001

1 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

H.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (July 2019)

(AMS 3.1-1)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

H. 2 AMS CLAUSES AND PROVISIONS IN FULL TEXT

ELECTRONIC COMMERCE AND SIGNATURE (July 2020) (AMS 3.1.9-1)

(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.

(End of Clause) https://fast.faa.gov/contractclauses.cfm

2 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

H.3 REPRESENTATIONS AND CERTIFICATIONS

Representations and Certifications executed by the Contractor under Section K herein and included in the response to the SIR will be deemed to be incorporated herein by reference and made a part of the contract.

H.4 LICENSES AND PERMITS

a) Offeror, without additional expense to the Government, is responsible for obtaining any necessary licenses and permits (including security clearances) to meet the baseline schedule agreed at Task Order award. Offeror must also comply with all laws, ordinances, statutes and regulations in connection with the furnishing of work under the Contract.

b) This provision does not apply to costs incurred after contract award, which are otherwise allowable and allocable in accordance with the Contractor’s Cost Accounting Standards (CAS) Disclosure Statement.

H.5 RESTRICTIONS AGAINST DISCLOSURE

a) The Contractor and its subcontractor(s) agree to keep all information it receives in the course of this Contract (Government Furnished Information or “GFI”) in the strictest of confidence, said information being the sole property of the Government. The Contractor also agrees that Government Furnished Information (GFI) marked "For Official Use Only”, "Confidential”, “Proprietary" or “Sensitive Unclassified Information” must also be so protected.

The Contractor must take all reasonable measures necessary to prohibit access to such information by any such person other than those Contractor employees needing such information to perform the work, i.e., on a need-to-know basis.

b) The Contractor must immediately notify the Contracting Officer in the event it determines or has reason to suspect a breach of this requirement.

c) The Contractor must require that all employees and consultants who are given access to such information sign a confidentiality and nondisclosure statement agreeing to safeguard the confidentiality of all such information gathered or provided to them hereunder as an integral condition of their employment.

d) Upon the Government’s request, the Contractor must provide the Contracting Officer with plans and procedures to ensure the confidentiality and physical security of information gathered or provided hereunder.

H.6 CONFIDENTIALITY OF DATA AND INFORMATION

In the performance of this Contract, the Contractor, its Consultants and/or Subcontractors, may need access to information in the Government’s possession that is encumbered with restrictions on the Government’s rights to use or disclose, or that might preclude dissemination or use other than in the performance of this Contract. By reason of the foregoing, the Contractor agrees that

3 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

any employee, subcontractor or consultant it uses will comply with all restrictive legends or markings on data, software, or information it uses, and further agrees:

a) Not to knowingly disclose such data or information to others without prior written authorization from the Contracting Officer, unless that data or information has otherwise become available to the public through no action or fault of the Contractor; and

b) Not to use for any purpose other than the performance of this Contract of data bearing a restrictive marking or legend, unless such information or data has otherwise fallen into public domain through no action or fault of the Contractor.

c) If work required to be performed under this Contract requires access to proprietary data of other companies, to use its best efforts to obtain an agreement from such other companies for such use unless such data is provided or made available to the Contractor by the Government.

Two copies of any such company-to-company agreements so entered into must be furnished promptly to the Contracting Officer. Company-to-Company agreements must prescribe the scope of authorized use of disclosure, and other terms and conditions agreed upon between the parties.

d) To make employees aware of the requirement to maintain confidentiality of data and information and the necessity to refrain from divulging either proprietary data of other companies or data from the Government to unauthorized persons.

e) To obtain from each employee connected with this Contract, a written, signed Non Disclosure Agreement that the employee will not during his/her employment by the Contractor or thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual, any trade secrets, confidential information or proprietary/restricted data (to include Government “For Official Use Only” and any other form of Sensitive Unclassified Information (SUI) described in FAA Order 1600.75) not publicly available received in connection with the work under this Contract.

f) 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.

g) To include the substance of this provision in all subcontracts awarded under this Contract, except to the extent that:

1. The Contractor considers the application of the prohibition of this provision to be inappropriate and unnecessary in the case of a particular subcontract and has requested a waiver from the CO; or

2. The Subcontractor provides a written statement affirming absolute unwillingness to perform absent some relief from the substance of this prohibition; or

4 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

3. If the Contractor encounters the situation described in sub-paragraph (f) (2) of this clause, the Contractor agrees to provide the Contracting officer written notice of the circumstances within ten (10) business days of being notified by the Subcontractor’s unwillingness to perform. The Contractor agrees not to use any subcontractor so expressing unwillingness to perform absent any relief from the requirements of this section, unless use of an alternate subcontract source would unreasonably detract from the quality of the effort.

h) That there must be no restrictions on how the Government may choose to use data or information in its possession at any time.

H.7 GOVERNMENT ACCESS

Authorized Government employees and Government contractors may have access to the Contractor’s facilities upon reasonable notice or in case of emergency.

H.8 PROTECTION OF SENSITIVE TECHNOLOGIES INFORMATION AND

RELEASE OF INFORMATION

All technical data provided to the Contractor by the Government must be protected from public disclosure in accordance with the markings contained thereon. The Contractor and its subcontractors must not release to the public or other Government agencies except as specified below, any information developed under or pertaining to this Contract or Subcontracts without the express written approval of the Contracting Officer. This information includes press releases, promotional literature, and articles in technical publications, speeches at technical or scientific gatherings, price lists, and deliverables. The Government will not unreasonably reject requests from the Contractor for release of information to the technical and scientific community. Request for Government review of the above referenced information must be made one week in advanced of Contractor desired date for decision.

All press releases or announcements about this contract shall be approved by the Contracting Officer prior to release. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

H.9 NON-GOVERNMENT PERSONNEL

a) To ensure the most knowledgeable and thorough review of submitted technical and price information, the Government employs certain non-Governmental personnel to serve as advisors in the review of technical and price information submitted by the Contractor. Non-Governmental personnel may have access to price and technical information submitted by Contractor. It should be noted that all non-Government personnel have signed non-disclosure statements, have been instructed concerning, and agree to abide by, the handling procedures imposed, and are aware of

5 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

the need to take precautions to protect Contractor's cost/price and technical information and the penalties resulting from any unauthorized use or disclosure of such information.

b) The Government may contract for support services to assist in technical reviews of the Contractors' efforts and products under this Contract. In such event, the Contractor will be notified by the Government. Government support personnel may attend meetings between the Contractor and the Government, observe and participate with Government personnel in function and performance tests, and have access to the Contractor's facilities as related to any effort under this Contract; however, no Government support personnel has the authority to issue directions to the Contractor or effect changes to the Contract.

c) The Contractor agrees to cooperate with the Government support personnel by engaging in technical discussions with Government support personnel, and permitting access to information and data relating to technical and schedule matters concerning this Contract to the same degree such access is accorded to Government project personnel. The Contractor will be provided the identification of these individuals who will sign an organization conflict of interest statement.

Listed below are the companies providing Government support.

Contractors & Subcontractors Tetra Tech AMT Sigler & Associates Regulus JMA Stanford University Peraton Arctic Slope Regional Corporation Fortitude Veracity

H.10 KEY PERSONNEL AND SUBSITITUTION THEREOF

a) Key personnel are those individuals possessing unique experience, qualifications or knowledge. As a minimum, the Contractor must provide and designate key personnel as specified in each individual Task Order. The format below must be used to identify key personnel necessary for the successful completion of contractual requirements. Any substitutions must be made in accordance with this clause.

b) The Contractor must agree that no key personnel substitution is permitted unless such substitutions are necessitated by an individual’s sudden illness, death or termination of employment unless approved in advance by the Contracting Officer. In any of these events, the Contractor must promptly notify the Contracting Officer and provide the information required in sub-paragraph (c) of this clause.

c) All requests for key personnel substitutions must include the following: a detailed explanation of the circumstances necessitating the proposed substitution, a comprehensive resume for the proposed substitute, and any other information requested by the Contracting Officer needed to approve or disapprove the proposal substitution. Each resume must not exceed four (4) pages in length, exclusive of the key publications list, and must be submitted in the following format and contain the following information:

6 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

1. Description of the incumbent’s proposed roles/responsibilities;

2. Commitment and percentage of time to be devoted to the effort;

3. Degrees received (type, date, college/university);

4. Relevant work experience summary. This must be a digest of the individual’s employment history, in reverse chronological order, for work experience considered to be directly relevant to this Contract activity. It must clearly state the individual’s overall scientific/technical/administrative experience and leadership/management experience. It must also highlight the individual’s significant accomplishments and contributions, and any awards and recognition. The time period for each activity must be shown, with immediate supervisors and their current telephone numbers.

5. A separate list (not included in the above resume page count) of no more than ten relevant, significant publications (for persons encumbering scientific or technical positions).

d) The Contractor must provide names and telephone numbers of three individuals outside the company who have knowledge of the individual’s abilities as they relate to the proposed position. For any proposed key personnel who are not currently employed by the Contractor, the Contractor must provide a letter of commitment, indicating acceptance, for each person proposed. Each letter of commitment must include the date of availability and how long the individual’s commitment is binding. If any such personnel are under tentative commitment, describe the terms of the commitment and their qualifications. If a letter of commitment cannot be made available, state why it is not available, and indicate when it will be obtained.

e) Prior to removing, replacing, or diverting any of the specified individuals from the contract or task order , the Contractor must notify the Contracting Officer reasonably in advance and must submit justification (including proposed substitutions), in sufficient detail to permit evaluation of the impact on this Contract. No diversion, removal or replacement may be made by the Contractor without the written consent of the Contracting Officer, such consent not to be unreasonably withheld; however, the Contracting Officer may ratify in writing the change and such ratification will constitute the consent of the Contracting Officer required by this clause.

Further, in the event that the Contracting Officer fails to object in writing within thirty (30) days after receipt of the Contractor’s notification of such removal, replacement or diversion, the change will be considered approved. The list of personnel above may, with the consent of the contracting parties, be amended from time to time during the course of the contract to either add or delete personnel as appropriate.

H.11 PROHIBITION AGAINST PERSONAL SERVICES

a) The Contractor must not perform personal services under this Contract. Contractor personnel are employees of the Contractor or its Subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action.

7 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

b) The Contractor must not perform any inherently governmental functions under this Contract. A Contractor employee must not represent or give the appearance that he/she is a Government employee, agent or representative. A Contractor employee must not state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this Contract understand and are committed to following these requirements.

H.12 LIMITATION OF LIABILITY

In no event will either Party be liable for any indirect, special, incidental or consequential damages arising out of or under this Contract and Task Orders.

H.13 GOVERNMENT SPACE AT CONTRACTOR FACILITIES

The Contractor will provide suitable meeting space for Government and Government support personnel at the Contractor’s or Subcontractors’ site(s) for the duration of performance of the

Contract. The Contactor must provide space for four permanent onsite FAA personnel and space for 6 visiting FAA/FAA support contractor personnel. The spaces for four permanent FAA personnel must include lockable file cabinets and/or offices so that Government records and equipment can be safeguarded. All space must include access to external internet and be supplied with adequate phone service with long distance support.

H.14 ACCESS TO GOVERNMENT PROPERTY AND FACILITIES

a) In performance of specific tasks, the Contractor may be required to attend meetings at the following locations including, but not limited to: Federal Aviation Administration Headquarters Building, Washington, D.C., Navigation Service Technical Assistance Contract (NAVTAC) Facility in the Washington, DC region, WAAS Prime Contractor facility, FAA Aeronautical Center in Oklahoma City, OK and William J. Hughes Technical Center (WJHTC) in Atlantic City, NJ. The contractor must adhere to all security requirements to access Government facilities, please note that individuals may be denied access based on security protocols.

b) While Contractor personnel are at any Government site, they are required to comply with all rules and regulations in effect at that site. Contractor personnel must comply with rules and regulations governing employee conduct with respect to health and safety, not only as they relate to themselves but also to other Government employees or agents of the Government. The Contractor must also exercise proper care of all property at the Government site regardless of whether title or such rests with the Government or not.

c) The Contractor employees requiring access must be processed through the appropriate local security office. Although the Contractor must not be required to handle classified data, security precautions are required for access to Government computer resources. Contractor employees who require computer access will be assigned user accounts, which require user specific passwords for entry.

8 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

d) The property or facilities to which Contractor personnel will have access will remain in the Government’s custody and will not be considered as property or facilities furnished to the Contractor.

e) The Government facilities to which Contractor personnel will have access under this Contract will be made available during the entire Contract performance period.

H.15 USE OF NON-DEVELOPMENTAL ITEMS

The Contractor must employ to the maximum extent possible, use of Non-Developmental, Commercial Off-The-Shelf (COTS) software and equipment/parts to accomplish the SOW requirements. The Non-Developmental Items (NDI) must contain the latest (most recent) and efficient applied technologies in the aerospace and computer product markets. In all cases, the Contractor retains the responsibility for within scope performance of all hardware acquired and must inform the Contracting Officers Representative (COR) and the Contracting Officer within five (5) days of any change in the event previously selected NDI is no longer available or another NDI cannot be found.

H.16 ACCOUNTABILITY FOR CONTRACTOR ACQUIRED EQUIPMENT AND

MATERIAL

The Contractor must report all Contractor acquired property for which it seeks reimbursement under the Contract. For property that is to be incorporated into one of the final deliverables under the Contract, the Contractor must report this property on its invoice. For property, which will be used in the performance of the Contract and will not be incorporated into a final contract deliverable, the Contractor must submit the property for inspection and acceptance by the Government. Documentation of the acceptance will be evidenced on a FAA Form 4500-1. The Contractor must submit the executed form to the FAA Property Administrator with a copy to the Contracting Officer. After acceptance, the Contractor must account for the property in accordance with the Government property clauses and provisions of this contract.

H.17 GOVERNMENT PROPERTY REPORTS

a) The Contractor must prepare an annual report of Government property in its possession and the possession of its subcontractors.

b) The Contractor must submit said report to the Contracting Officer not later than October 15th of each calendar year on Form DOT Form 4220.43, Contractor Report of Government Property.

H.18 ACCOUNTABILITY OF GOVERNMENT-FURNISHED PROPERTY (GFP) AND

CONTRACTOR ACQUIRED PROPERTY

1. Contractor

The contractor should make property requirements known to the CO in the early stages of project preparation and as required continuing contract performance. A categorized equipment requirements list should be included with the project proposal.

9 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

(1) The contractor must have a Property Control System Plan and submit it for review and approval by the Property Administrator that fulfills contract requirements for the management of Government property, prior to award.

(2) The contractor has the primary responsibility for exercising reasonable care and control of Government property in its possession and for maintaining property records in accordance with the FAA’s instructions. Government property must only be used for the purpose set forth in the contract. The contractor is accountable for all Government property furnished until relieved of that responsibility in accordance with the terms of the contract. Responsibility for reasonable care and control of Government property provided under the contract and in the possession of a subcontractor remains with the prime contractor until the CO or Property Administrator (PA) rescinds it.

a) Immediately upon receipt of any GFP, the Contractor must sign and return the Government transfer document to the Property Administrator. The Government transfer document is FAA Form 46501-2. The FAA Form 4650-12 will be signed by the Contracting Officer and the COR and will contain a control number (outgoing or incoming) assigned by the FAA Property Administrator.

b) FAA Form 4650-12 may be forwarded to the Contractor in advance of the GFP shipment or it may accompany the shipment. If any GFP is received without a properly signed and numbered FAA Form 4650-12, it must be reported to the FAA PA in writing.

c) The Contractor must request a properly signed and numbered FAA Form 4650-12 before returning any GFP, which is accountable under this contract. This form serves as relief from accountability for GFP, which has been returned to the Government or consigned elsewhere in accordance with the Contracting Officer's instructions.

d) Final payment under this Contract will be withheld until accountability of all GFP has been accomplished.

e) FAA Form 4650-12 is not required for requisitioning a replacement through Logistics Information System (LIS) but the GFP records must be updated with the LIS Requisition and serial number (as required) for any asset that is returned for repair/replacement.

(3) The contractor must comply with all provisions of the property clauses as provided for in the contract.

(4) All Government property obtained by the contractor through contract must be properly marked with Government tags.

(5) The contractor must structure property controls within framework of the property management system so that lost, stolen, or damaged property as well as excess property is immediately identified and reported.

10 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

(6) The contractor should have a qualified property management professional with a minimum of 5 years experiences and Level1 certification (Certified Professional Property Specialist-CPPS) from the National Property Management Association (NPMA).

2. Program Manager

The requiring activity (project or program manager), as part of its responsibility for acquisition planning, is the decision point as to whether or not to furnish property to contractors. The basis for any decision to provide Government property should be documented by the requiring activity and provided to the contracting officer.

If GFP is to be provided or CAP authorized to the contractor, the program manager should include in the In-Service Review (ISR) Checklist their assigned Property Administrator. A two person PA team will need to travel to the contractor’s facility to verify and test their property management control system against their PMS written procedures. This ensures that the contractor’s property control system is in compliance with the Government property clauses of the contract.

3. Contracting Officer

Prior to furnishing Government property to the contractor, the contracting officer in collaboration with the program manager should ensure that each of the elements below are addressed as follows, and documented in the contracting file.—

Element 1: In the Government’s best interest. Documentation that the furnishing GFE is in the Government’s best interest should be specific, factual, and where necessary, address actual or projected dollars and percentages. Discussion should address the following factors:

(A) Economy – Furnishing Government property is the lowest cost or price alternative.

(B) Standardization – There is a critical need for precise replication.

(C) Security – Government property is needed due to national security issues/concerns.

(D) Expedite production – Government property is crucial to achieving timely or accelerated delivery of a supply item or service.

(E) Scarcity – The Government can obtain scarce items, or is the only source of property necessary for successful execution of a contract.

(F) Maintain the industrial base – Government property is needed to ensure future capability to obtain a particular supply item or service.

(G) Contract type – Government property will enable the Government to obtain a more favorable contract type.

11 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

Element 2: Overall benefit. Demonstrate that the overall benefit to the acquisition significantly outweighs the increased cost of administration, including property disposal.

(A) Property in the hands of contractors drives program costs. Therefore, in order to make the case that providing Government property to the contractor is worthwhile, the associated costs must be considered and the business decision justified. The costs of Government property removal and disposal, including demilitarization and disposal of environmentally-regulated property, must be included.

(B) Costs must be either less than what the contractor might otherwise incur, or the demonstrated benefit to the Government must outweigh these additional contract costs.

Element 3: Government assumption of risk. Demonstrate that providing the property does not substantially increase the Government’s risk.

(A) Risk must be discussed and documented. A risk analysis is warranted to demonstrate that the Government is not substantially increasing its risk.

(B) Other risks may need to be considered, discussed, and documented.

Element 4: Government requirements cannot otherwise be met. Document why the furnishing of Government property is critical and significant to meeting acquisition plan objectives.

H.19 EXPORT CONTROL AND DISCLOSURE OF TECHNICAL DATA

a) It is the intent of the parties to protect transfer and disclosure of all technology and information used in the performance of this contract. All parties agree that transfer and disclosure to foreign nationals and immigrant aliens of this technology and information may prove detrimental to the security of the United States of America and air traffic safety.

b) The Contractor must comply with all U.S. export control laws and regulations, including the Export Administration Regulations (EAR), 15 CFR Parts 730-799, and the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120-130, in the performance of this contract.

In the absence of available license exemptions/exceptions, the Contractor is responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

c) The Contractor is responsible for obtaining export licenses, if required, before utilizing foreign persons or entities in the performance of this contract, regardless of the location at which the work is to be performed, when the foreign person or entity will have access to export-controlled data.

d) The Contractor is responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions. Upon request, the Contractor must make copies of all export compliance records available to the Federal Aviation Administration.

12 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

e) The Contractor is responsible for ensuring that the provisions of this clause apply to its subsidiaries, subcontractors and consultants helping to perform this contract.

f) The Contractor must place on all documentation that may contain export controlled technical data or software the following restrictive marking:

This document may contain data whose export/ transfer/ disclosure is restricted by U.S. law or regulation, including the Export Administration Regulations (EAR), 15 CFR Parts 730-799 or the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120-130. Dissemination to non-U.S.

persons whether in the United States or abroad may require an export license or other authorization.

H.20 CONFIGURATION CONTROL-ENGINEERING CHANGES, DEVIATIONS,

WAIVERS

a) Any Engineering Change Proposal (ECP) or any Request for a Deviation/Waiver affecting an item being acquired under this Contract must be in accordance with Appendix VIII of FAA-STD-021A. Quantities and distribution must be as stated in Contract Data Requirements List (CDRL).

b) Class I engineering change must not be implemented until authorized by the Contracting

Officer.

a. An ECP is designated as Class I when one or more of the following factors are affected:

1. Functional or allocated configuration identification

2. Product configuration identification as contractually specified

3. Technical requirements below those contained in the product configuration identification including referenced drawings, as contractually specified, for example:

1) Performance outside stated tolerance

2) Reliability and maintainability outside stated tolerance

3) Weight, balance, moment of inertia

4) Interface characteristics

4. Nontechnical contractual provisions

1) Fee

2) Cost

3) Schedules

5. Other factors

1) Government furnished equipment (GFE)

2) Safety

3) Electromagnetic characteristics

4) Operational tests or maintenance computer programs

5) Compatibility with support equipment, trainers or training equipment

6) Configuration to the extent that retrofit action would be taken

13 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

7) Delivered operation or maintenance manuals for which adequate change/revision funding is not available on existing contracts

8) Preset adjustments or schedules affecting operational limits or performance to such extent as to require assignment or a new identification number

9) Interchangeability, substitutability, or replaceability, as applied to configuration items and to all subassemblies and parts of repairable configuration items but excluding the pieces and parts of nonrepairable subassemblies

10) Source of configuration items or repairable items at any level defined by source control drawings

c) Class II engineering change must be submitted to the Contracting Officer and Quality and Reliability Officer (QRO) for concurrence in classification.

a. An ECP will designate as a Class II ECP when it does not fall within the classification of Class I ECP as defined above. Examples of Class I ECPs are: a change in documentation only, such as correction of errors; addition of clarifying notes or illustrations.

H.21 COMMERCIAL EQUIPMENT WARRANTY

a) The Contractor must provide its best commercial warranty for equipment furnished for the Contract. This warranty must include any warranties granted to the Contractor by its subcontractors, or vendors regarding any line replaceable unit provided that the Contractor must remain principally liable to the Government to satisfy all warranties granted. With regard to any part and/or subscription for which any vendor or subcontractor offers the Contractor any warranty either broader in scope of protection or of greater duration than the warranty granted in the clause, the Contractor agrees to secure on behalf of the Government that broader warranty.

b) The warranty period will commence upon date of acceptance by the Government or Contractor.

H.22 CONTRACT DATA ITEM SUBMISSION REQUIREMENTS

a) Days listed in the CDRL are calendar days. Regarding all CDRLs, if the delivery date falls on a Saturday or Holiday, which is on a day other than a Monday, the deliverable will be considered to have been received by the Government on the preceding workday. If the delivery date falls on a Sunday or a Monday holiday, the deliverable must be received on the following workday.

b) The Contractor must provide Contract Data Items in version compatible with Microsoft Office 2016 unless otherwise specified. The Contractor must embed any and all graphics, figures, and tables in the document. All pages must be 8.5 x 11 inches - exceptions include graphics or tables. The Microsoft Word format and page size requirement applies to all deliverables on the Contract Data Requirements List unless specifically modified in the CDRL.

c) The Contractor must submit each CDRL as one file, unless file size or other conditions warrant establishing multiple files and submit the table of contents in the same file as the main

14 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

body of the CDRL. All CDRL submissions must have a document control number and revision number, if applicable. d) The Contractor must ensure that all CDRLs submitted are legible.

H.23 ALTERATIONS AND ATTACHMENTS

a) This clause applies to items leased or owned by the Government and maintained by the Contractor, or covered by warranty under this Contract.

b) The Government or its duly authorized agent(s) may make alterations or attachments, provided that a safety hazard is not thereby created. The Government or its duly authorized agents) will notify the Contractor at least thirty (30) days in advance of any such alterations or attachments.

c) Any reprogramming required to accommodate such alterations or attachments will be accomplished by the Contractor at Government expense. The Contractor must notify the Government of any such reprogramming, and proceed only with the written approval of the Contracting Officer.

d) Such alterations or attachments that are not the property of the Contractor must be removed immediately after expiration or termination of the Contract and the equipment must be restored to the prior configuration by the Government or its duly authorized agent(s) at Government expense (excluding ordinary wear and tear).

e) If alterations or attachments made pursuant to this clause increase the cost of maintenance or warranty, the Contractor may request an equitable adjustment in accordance with paragraph (b) of the “Changes-Cost Reimbursement” clause.

END OF SECTION H