SECTION H.pdf

SECTION H – SPECIAL CONTRACTING REQUIREMENTS

H.1 AMS Clauses and Provisions in Full Text

3.1.9-1 Electronic Commerce and Signature (July 2013)

(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. Contractors may use the following means of electronic signature technology --Adobe Acrobat.

(End of Clause)

3.8.2-17 Key Personnel and Facilities (May 1997)

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

(b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the Contractor must notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and must submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

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

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

Program Manager at the IDIQ contract Contractor Facility to be determined (End of clause)

3.13-15 Confidentiality of Data and Information (October 2011)

(a) The contractor and any of its subcontractors, in performance of this contract, may need access to and use of various types of data and information in the possession of the Government, which the Government obtained under conditions which restrict its right to use and disclose data and information or which may be of a nature that its dissemination or use, other than in the performance of this contract, would be adverse to the interests of the Government or other parties. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless the Government has made data and information available to the public; and (2) use for any purpose

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“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.”

other than the performance of this contract any data which bears a restrictive marking or legend. For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form. Data processed in such a way that it can increase the knowledge of the person who receives it. Information is the output, or finished goods, of information systems.

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

(c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information, as required above, to the end that they will be disciplined if the necessity to refrain from divulging either the proprietary data of other companies or data that are obtained from the Government to anyone except as authorized. The contractor must obtain from each employee engaged in any effort connected with this contract an agreement, in writing, which must in substance provide that such employee will not, during his/her employment by the contractor or anytime 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") received in connection with the work under this contract.

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

(e) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that: (1) the contractor considers the application of the prohibition of this clause to be inappropriate and unnecessary in the case of a particular subcontract; (2) the contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.

(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company.

The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed.

(g) These restrictions do not limit the contractor's (or subcontractor's) right to use and disclose any data and information obtained from another source without restriction.(End of clause)

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“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.2 Representations and Certifications Representations and Certifications executed by the Contractor under Section K and included in the response to the Screening Information Request (SIR) will be deemed to be incorporated herein by reference and made a part of the contract.

H.3 Interpretation of Contract (Notice of Contract Ambiguities)

(a) This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto, constitute the parties' complete agreement, and no other prior or contemporaneous agreements either written or oral must be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language, but must be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(b) It is the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time, any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with such obligations may be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies and conflicts.

H.4 FAA Right to Perform or Contract The Government reserves the right to accomplish any work within the scope of this contract either by Government personnel or by another separate contract.

H.5 Personal Services AMS T3.8.2 Service Contracting, A Service Contracting, 5 Personal Services defines the parameters of a personal services.

(a) No personal services must be performed under this Contract. No Contractor employee will be directly supervised by the Government. All individual Contractor employee assignments, and daily work direction, must be given by the applicable Contractor supervisor. If the Contractor believes that any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the CO of this communication or action.

(b) The Contractor must not perform any inherently governmental functions under this contract. No Contractor employee must hold him or herself out to be a Government employee, agent or representative. No Contractor employee must state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

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

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“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.6 Task Order Performance Past performance information is relevant for future source selection purposes regarding a Contractor’s actions under previously awarded TOs and contracts. It includes, for example, the Contractor’s record of conforming to contract requirements and to standards of good workmanship; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Contractor’s business-like concern for the interests of the customer.

(a) Annually or upon completion of a TO, the COR will evaluate the following areas of the Contractor’s performance for each TO:

(1) Technical accuracy of deliverables;

(2) Quality of services delivered;

(3) Timeliness of deliverable and/or services;

(4) Cost control of task assignment; and

(5) Contractor’s responsiveness to customer.

The Contractor will be allowed thirty (30) calendar days to submit comments rebutting statements or provide additional information. Comments, if any, will be retained as part of the evaluation record.

The completed evaluation will not be released to other than Government personnel and the Contractor whose performance is being evaluated. Past performance information will not be retained for longer than three years after completion of a contract or TO.

(b) The Contracting Officer (CO) will post the results of these evaluations to the Defense Contractor

Performance Assessment System (CPARS), a past performance collection tool that feeds the Government’s central repository for the collection and utilization of past performance information - Past Performance Information (PPI) http://www.ppirs.gov.

(c) The FAA’s Task Order Evaluations are not subject to the “Contract Disputes” clause.

H.7 Position Qualifications

(a) Direct Labor personnel (for both prime contractor and subcontractors) assigned to the performance of TOs must satisfy the minimum qualifications established in Attachment J-2, Labor Category Descriptions, except as the CO may authorize. All Contractor Task Order Staffing Plans must clearly cross reference proposed labor to the labor categories established in Attachment J-2, Labor Category Descriptions.

(b) The Contractor may petition the CO and request a waiver for any of the minimum requirements for an individual to be qualified for a specific labor category included in the contract. The waiver request must provide the name of the individual and his/her work location, the proposed labor category for which the waiver is requested, and the proposed effective date of the request. It should also contain a full justification as to why the minimum requirements should be waived, and the value accruing the FAA as a result of waiver approval. Normally waivers will be processed within 15 days of submission. Requests for approval of waivers must be approved by the CO.

H.8 Resume Approval The FAA reserves the right to review resumes of selected personnel to ensure that personnel being assigned to a task meet the minimum requirements for the labor category. Final determination and approval or disapproval of resumes will be made by the FAA CO. The Contractor will be responsible for assigning its personnel, but may be requested to remove an employee from performance (1) if the FAA

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http://www.ppirs.gov/

CO determines a person is not qualified for the labor category and skill level proposed, (2) during performance the employee proves unable to perform the requirements of the function, and (3) the employee poses a threat to the safety of other personnel or facilities.

H.9 Contractor Personnel H.9.1 Employee Termination The Contractor must notify the COR within 24 hours whenever an employee performing work under this contract and or task orders terminates employment. The Contractor will be responsible for returning, all FAA-issued contractor/employee identification and all other Government Furnished Property (GFP) property, including GFI, to the CO.

H.9.2 Employee Work Hours Each Contractor employee must, under normal circumstances, work an eight-hour shift daily, and a 40 hour work week. Exceptions to this include excused absences, observed holidays, and alternative work schedules approved by the Government.

H.9.3 Observance of Legal Holidays and Excused Absence

(a) The Government hereby provides notification that Government personnel observe the listed days as holidays:

(1) New Year's Day (6) Labor Day

(2) Martin Luther King's Birthday (7) Columbus Day

(3) President’s Day (8) Veterans' Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

(b) In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

(3) Any other day designated by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel does not constitute a reason for an additional period of performance or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work.

(d) When the FAA grants excused absence to its employees, assigned Contractor personnel may also be dismissed, however, the Contractor must not invoice the Government for any hours not worked as a result of the dismissal. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the CO or the COR.

H.9.4 Overtime Overtime is defined as time worked by a Contractor’s employee in excess of the employee’s normal work week. Overtime premiums will not be paid.

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“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.9.5 Contractor Staff Training The Contractor must provide fully trained and experienced personnel (including replacement personnel) required for performance of this contract. This includes training necessary for keeping personnel abreast of industry advances and for maintaining proficiency within an employee’s labor category. Training of personnel must be performed by the Contractor at its own expense except under the following circumstances as approved by the Contracting Officer:

(a) When the Government has given prior approval for training to meet special requirements that are peculiar to a particular task assignment.

(b) Limited training of Contractor employees may be authorized when the Government changes software during performance of this contract and it is determined to be in the best interest of the Government.

(c) Training of Contractor employees provided through the attendance of conferences, workshops, seminars, symposia, or user group meetings when certified by the Contractor, COR and CO that attendance is mandatory for the performance of task order.

(d) The Contractor must use FAA Template 84, Support Contractor Authorization form, to request approval of FAA-sponsored or Other Government Training.

(e) Where FAA specific training is available through FAA specific training sites (i.e. eLMS, FAA training centers) and will be proposed in accordance with FAA guidelines.

When training is authorized by the Government under the conditions set forth above, the Government may reimburse the Contractor for labor, course fees, and travel. However, each occurrence will be handled and negotiated on a case-by-case basis.

H.9.6 Changes in Skill Mix It is understood that the mix of labor categories under a TO as well as the distribution of the effort among these categories may vary from the initial mix and distribution of effort that was estimated by the Government or proposed by the Contractor. The Contractor must not modify the skill mix of personnel assigned to a task order unless those changes are presented to the Task Order Manager for review and approval. Upon agreement between the Contractor and the FAA, the TO will be modified to reflect the agreed upon adjustments within the original scope of the TO.

H.9.7 Additional Labor Categories The Government may seek to add additional labor categories to the contract during the life of the contract.

The following labor categories have been identified as potential labor categories.

Air Traffic Specialist I Junior Mechanical/Civil Engineer Air Traffic Specialist III Senior Mechanical/Civil Engineer Administrative Clerk NAS Operations Specialist Junior Financial Management Analyst Journeyman Navigation Engineer Computer Support Requirements Specialist Junior Configuration Management Analyst Journeyman Program Analyst (Project Material)

Configuration Management Analyst Senior Program Analyst (Project Material) Webmaster Developer Program Manager Senior Electrical/Electronics Engineer (ILS) Senior Software Engineer

Senior Electrical /Electronics Engineer (Lighting) Journeyman Systems Engineer

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Journeyman Field Implementation Manager Junior Technical Writer

Senior Field Implementation Manager Technical Writer Human Factors Engineer (HFE) Lead Senior Program Analyst Junior Logistics Management Specialist Journeyman Logistics Management Specialist Obstruction Evaluation Specialist

If the Government determines the need for an additional labor category, the Government will seek a written proposal, negotiate the new rate, accept the new rate and modify the contract accordingly to add the labor category and rate. The addition of any new labor category will be done at no additional increase to the contract total cost ceiling.

H.9.8 Standards of Conduct for Contractor Personnel The Contractor must provide personnel who are physically and emotionally competent to perform the work required under issued TOs. All persons assigned to perform work under a TO will at all times be under the control of the Contractor. The Contractor is responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and is responsible for taking such disciplinary actions as necessary.

In addition to meeting legal and corporate requirements relating to standards of conduct matters, all personnel working on a TO must adhere to the FAA Accountability Board standards and procedures relating to employee harassment and/or allegations of such behavior. These standards may pertain to the following areas: (or any additional areas as defined by the FAA Accountability Board): sexual harassment, sexual orientation, race, gender, national origin, and disability.

H.9.9 Contractor Employees’ Identification During the period of this contract, the rights of ingress and egress to and from any office for Contractor’s personnel must be made available as deemed necessary by the Government. All Contractor employees, whose duties under this contract require their presence at any Government and the NAVTAC-designated Contractor (?) facility, must be clearly identifiable by a distinctive badge furnished by the Government. In addition, corporate identification badges must be worn on the outer garment at all times. Obtaining the corporate identification badge is the sole responsibility of the Contractor. All prescribed information must immediately be delivered to the appropriate Government Security Office for cancellation or disposition upon the termination of employment of any Contractor personnel. All on-site Contractor personnel must abide by security regulations applicable to that site.

H.9.10 Disclosure of “Official Use Only” Information Safeguards Any Government information made available or to which access is provided, and which is marked or should be marked “Official Use Only”, must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Disclosure to anyone other than an officer or employees of the Contractor or Subcontractor at any tier must require prior written approval of the TO CO. Requests to make such disclosure should be addressed to the TO CO.

H.9.11 Disclosure of Information--Official Use Only Each officer or employee of the Contractor or Subcontractor at any tier to whom “Official Use Only” information may be made available or disclosed, must be notified in writing by the Contractor that “Official Use Only” information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such “Official Use Only” information, H-7 | P a g e S c r e e n i n g I n f o r m a t i o n R e q u e s t ( S I R ) S e c t i o n H

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“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.”

by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, must be guilty of a crime punishable by a fine or imprisoned up to 10 years, or both.

H.10 Key Personnel Key personnel are those Contractor personnel essential to the performance of the contract and TOs. The Prime Contractor's Program Manager is designated as key, and may only be replaced with the approval of the NAVTAC Program Manager and the CO, in accordance with the terms and conditions of Section H.11. The Key Personnel identified for this contract are:

Name: [To be specified at contract award] Company:

Position:

Telephone:

E-Mail Address:

The Contractor may also propose to designate additional positions on the contract as “key” to the FAA for review and approval. If the FAA approves the designation of a position as key, it will be subject to the requirements of this clause. Key Personnel are required to stay with the contract for 12-months after contract award.

If the Government determines that certain personnel are “key” to successful completion of a TO, they will be designated as "Key Task Order Personnel" in the TO. Key Task Order Personnel are defined as follows:

(a) Personnel identified in the Task Proposal as key individuals to be assigned for participation in the performance of the TO and who may, at the discretion of the Government, be interviewed to verify resume representations;

(b) Personnel whose resumes were submitted with the TO Proposal; or

(c) Individuals who are designated as key personnel by agreement of the Government and the

Contractor during TO negotiations.

H.11 Subcontracting Prior to the establishment of subcontracts and in accordance with AMS clauses 3.10.2-1 Subcontracts (Fixed-Price Contracts) and 3.10.2-3 Subcontracts (Time-and-Materials and Labor-Hour Contracts), the Contractor must ensure that:

(a) The contractor must set-aside 25% of its contracting dollars for small business using the subcontract categories.

(b) Subcontracts contain all clauses of this contract (altered when necessary for proper identification of the contracting parties) that contain a requirement for such inclusion in applicable subcontracts.

(c) Any applicable subcontractor's “Representations and Certifications” (see Section K) are current.

The FAA’s current Small Business Goals are reflected in the table below:

Subcontract Categories Goal %

Subcontracts Awarded to Small Business Concerns 45.00 %

Subcontracts Awarded to Small Business Concerns Owned and Controlled by Socially and 10.00 %

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Economically Disadvantaged Individuals

Subcontracts Awarded to Small Business Concerns Owned and Controlled by Women 5.00 %

Subcontracts Awarded to Small Business Concerns Owned and Controlled by Service Disabled Veterans 3.00 %

The Contractor must make flow-down payments due to subcontractors in a timely manner consistent with FAA payments to the Contractor or sooner, if appropriate. Payments to subcontractors are not necessarily guaranteed by or predicated solely on FAA payments to the Contractor.

H.12 Security of Federal Automated Information Systems If involved with the requirements development, design, operation and maintenance of computer, network, and/or communication systems operated by or on behalf of the FAA, the Contractor must comply with the security requirements outlined in OMB Circular A-130 Appendix III, Security of Federal Automated Information Resources, the DOT Information Systems Security Guide (DOT H 1350.250), DOT Network Security Guide (DOT H 1350.251), and FAA Security Orders, including FAA Personnel Security Order

1600.1 and FAA Order 1370.82, Information Systems Security. Contractor personnel must complete annual Information System Security LOB Awareness Training and any other security training required by the DOT/FAA. Documentation of completed training must be submitted to the CO via e-mail.

H.13 Notification of Debarment/Suspension Status The Contractor and its subcontractors must provide immediate notice to the CO in the event of being suspended, debarred or declared ineligible by any Federal Government Agency or Department, or upon receipt of a notice of proposed debarment from any Federal Government Agency or Department during the performance of this contract.

H.14 Attorney/Client Privilege

(a) During performance of this contract the Contractor may be required to attend meetings at which FAA employees seek and receive legal advice from FAA Attorneys. The FAA intends, and the Contractor agrees, that such advice is to be treated as confidential legal advice, that the Contractor will not discuss such legal advice with non-FAA personnel, that such advice will not be included in notes, written reports, or minutes of such meetings, and that for purposes of asserting the Attorney-Client privilege with regard to such information, the Contractor must be considered an agent of the FAA.

(b) In the event of litigation involving third parties to which the Contractor is not a named party, the Contractor must support the FAA by promptly providing to the FAA any documents requested as part of discovery which the Contractor may have in its possession, and by making Contractor employees available for depositions or testimony at hearings. This provision does not preclude the Contractor or Contractor employees from being represented by counsel retained by the Contractor or the Contractor employee, provided such representation is at no direct cost to the FAA.

H.15 Notice to the Government of Delays In the event the Contractor encounters difficulty in meeting performance requirements, or when difficulty is anticipated in complying with the contract delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor must immediately notify the CO and the COR, in writing, giving pertinent details, provided that this data must be informational only in character and that this provision must not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.

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“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.16 Government Furnished Data /Equipment/Property/Materials The Government may provide the items listed below as necessary for the Contractor to fulfill the tasks described in TO SOWs and is required to purchase property in the performance of this contract and task orders, compliance with the procedures of AMS T.3.10.3, Government Property, is required. Attachment J-4 provides a list of Government Assets that the FAA intends to provide the contractor to use in satisfying the requirements in the Section C (Statement of Work) and further defined at the task order level. The Contractor shall not assume that any other Government assets will be made available to the Contractor unless explicitly stated in this clause, contract or task order.

(a) Government Furnished Data (GFD).The Contractor will have access to Government data relevant to performance under this contract but must not use or distribute materials or any other product arising from performance of this contract other than as stated in the SOW. Any information, not previously published, received from the Government in connection with this contract, or furnished to the Contractor from other sources in response to the Government’s requirements under this contract, will be restricted to this project, and may not be disclosed or used for any other purpose, without the prior written approval of the CO. These restrictions do not apply to information which:

i. Currently or subsequently enters the public domain;

ii. Has been released to any third party, without restrictions; or

iii. Is obtained by the Contractor independent of the Government.

(b) Government Furnished Information (GFI). The Government may provide information (e.g., technical data, applicable documents, plans, regulations, specifications, etc.) in support of a specific task. Such GFI will be specified in individual TOs.

(c) Government Furnished Property (GFP)/Government Furnished Equipment (GFE). All equipment, property, program codes and materials furnished (including contractor acquired property paid for by the Government) and approved equipment, software and materials purchased by the Contractor which are reimbursable under this contract, are Government property, whether expressly under signed custody of the Contractor or not, and must be returned to the Government. Any software purchased in performance of this contract must be licensed to the FAA.

(d) Government-Furnished Workspace. Such Government Furnished workspace will be specified in individual TOs.

(e) Disposition of Government Property - Thirty (30) calendar days prior to the end of the TO period of performance, or upon termination of the contract, the Contractor must furnish to the CO and TO Manager a complete inventory of all Government Property in their possession under this contract that has not been tested to destruction, completely expended in performance, or incorporated and made a part of a deliverable end item. The CO and TO Manager will furnish disposition instructions on all listed property which was furnished or purchased under this contract.

H.17 Access to Government Property and Facilities

(a) As part of this effort, the Contractor may be working and attending meetings at government facilities and field facilities. Therefore, to the extent specified per and pursuant to the procedures specified per FAA AMS clause 3.14-2, Contractor Personnel Suitability Requirements, the Contractor may be granted ingress and egress to the facilities at all times during normal working hours to obtain information necessary for performance of the contracts.

(b) While Contractor personnel are at the government site, they must 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, H-10 | P a g e S c r e e n i n g I n f o r m a t i o n R e q u e s t ( S I R ) S e c t i o n H

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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 to such rests with the Government or not.

(c) The 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.

H.18 Save Harmless and Indemnity Agreement The Contractor must save and keep harmless and must indemnify the Government against any and all liability, claims, demands, and costs, of whatever kind and nature, for injury to or death of an person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of performance of the Contractor, or any subcontractor, or any employee, agent, or representative of the Contractor or any subcontractor.

H.19 Information Technology Accessibility for Persons with Disabilities All services and Electronic Information Technology (EIT) delivered as result of orders placed under this contract must comply with accessibility standards in accordance with Federal Information Technology Accessibility as required by Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended.

Information about the Section 508 Electronic and Information Technology Accessibility Standards may be obtained via the Web at the following URL: www.Section508.gov.

H.20 Contract/Task Assignment Meaning of the Term ‘Days’ Except in instances where it is specifically defined or stated to the contrary, all references to “days” correspond to “calendar days.”

H.21 Organizational Conflict of Interest

(a) “Organizational Conflict of Interest” (OCI) means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advise to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. “Person” as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises.

(b) “Contractor” as used in this clause includes any affiliate, subcontractor, consultant or employee of the Contractor, as well as any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assignee of the Contractor. All references to the “Contractor” as contained in this clause must apply with equal force to all of these included.

(c) “Contract” and “Task Order” must be used as applicable to the level at which this clause is being invoked.

(d) This special provision may be invoked in different variations at the Task Order level.

Notwithstanding other language in this contract that gives this contract precedence when it conflicts with Task Orders, the Task Order language concerning organizational conflict of interest, if any, must take precedence.

(e) The following FAA AMS clauses have been included in this contract because the Contracting Officer has determined that an organizational conflict of interest could occur:

• 3.1.7-1 Exclusion from Future Agency Contracts (August 1997);

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

• 3.1.7-4 Organizational Conflict of Interest Mitigation Plan ( April 2012); and

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

(f) This contract incorporates an OCI Mitigation Plan that is deemed acceptable to the Contracting Officer.

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“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.”

http://www.section508.gov/

(g) It is recognized that the efforts to be performed by the Contractor under this contract may create a potential organizational conflict of interest on the instant contract or on a present or future acquisition. In order to avoid this potential conflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of the Contractor to participate in future procurement of equipment and/or services that are the subject of work under this contract may be limited. See FAA AMS T3.1.7. The Contracting Officer’s decision as to the existence of an actual or potential organizational conflict of interest must be final, and is not subject to the ‘Contract Disputes’ clause.

(h) Pursuant to AMS T3.1.7, the Contracting Officer has determined that there may be a significant potential conflict of interest for any companies that are or expect to be NAS system providers to perform work under this contract (as either a prime or subcontractor). If the Contractor (or subcontractor) wishes to enter into a business relationship with any companies that are or are expected to be NAS system providers, or any of their subcontractors under their respective FAA prime contracts, to perform work under this contract, the Contractor (or subcontractor) must submit information to the Contracting Officer, describing the means by which it proposes that the potential conflict of interest may be avoided, neutralized, or mitigated. After reviewing the information, the Contracting Officer will issue a final determination relating to the potential OCI.

(i) The Contractor must promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Government concerning its own products or activities or those of a competitor in order to ensure proper safeguards exists to guarantee objectivity and to protect the Government’s interest.

(j) The Contractor must include this requirement in subcontracts of any tier which involve access to information or situations/conditions covered by the preceding paragraphs, substituting “subcontractor” for “contractor” where appropriate.

(k) The rights and remedies described herein must not be exclusive and are in addition to other rights and remedies provided by law, including those set forth at AMS T3.1.7, or elsewhere included in this contract.

(l) Compliance with this requirement is a material requirement of this contract.

H.22 Performance-Based Contracting (PBC) Performance-based contracting techniques may be applied to task orders issued under this contract.

Specific performance requirements will be identified at the individual task order level. A PBC task order will include at a minimum:

(a) Performance requirements that define the work in measurable, mission-related terms;

(b) Performance standards (i.e., quality, quantity, timeliness) tied to the performance requirements;

(c) A Government Quality Assurance Surveillance Plan (QASP) or other suitable plan that describes how the Contractor’s performance will be measured against the performance standards or service level agreements (SLAs); and

If the task is either critical to agency mission accomplishment or requires relatively large expenditures of funds, positive and/or negative incentives tied to the performance standards/SLAs.

H.23 Allowability and Payment of Selected Items of Cost under this Contract

(a) Training: The Government will not allow costs, nor reimburse costs associated with the contractor training of employees that is needed to attain and/or maintain minimum personnel qualification requirements of the contract. Other training may be approved on a case-by-case basis per the guidelines specified in Clause H.9. For the purposes of this clause, training includes attendance at non-Government conducted conferences, workshops or symposiums.

(b) General Purpose Office Equipment (GPOE): GPOE costs are not allowable as direct charges to this contract or Task Orders. The contractor is expected to have the necessary GPOE required to perform

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the task orders issued under this contract. GPOE consists of equipment normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc.

(c) Information Technology (IT): The costs of acquisition of IT are not allowable as direct charges to this contract unless authorized with the scope of a specific Task Order. IT required for performing the task orders issued under this contract. IT includes hardware and software, firmware and similar products (except as provided as GFE in task orders at the FAA’s discretion for specific NAVTAC support) and related resources.

(d) Administrative Labor Costs: Labor costs for such administrative functions as contract administration, subcontract management, human resources, and contract/invoice accounting are not allowable direct labor costs under this contract.

(e) Only costs expended in support of specific approved and issued task orders are allowable under this contract. This contract is intended primarily to be used for the purchase of services, and not for the purchase of material, equipment, hardware or software. When specific task orders appropriately require purchase of material, equipment, hardware or software, said items will be called out in the task order, as being required in direct support of administration or performance of the task order.

(f) The Contractor agrees that facilities costs related to staff performing work on this contract must be an indirect cost and not be an allowable direct cost under this contract.

H.24 Small Business Size Standards The North American Industry Classification System (NAICS) codes for this procurement are:

NAICS

Code Description

Size Standards in millions of dollars

541330 Engineering Services $15.0 541511 Custom Computer Programming Services $27.5

541611 Administrative Management and General Management Consulting Services $15.0

541614 Process, Physical Distribution, and Logistics Consulting Services $15.0 541990 All Other Professional, Scientific, and Technical Services $15.0 561110 Office Administrative Services $ 7.5

For purposes of determining the holder’s eligibility as a small business, refer to the following Small Business Administration (SBA) website: http://www.sba.gov/index.html

The FAA will comply with the SBA’s business size standards. The contract holder must qualify as a small business as of the release date of the Screening Information Request (SIR), under any one of the NAICS code(s) identified in this SIR.

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“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.”

http://www.sba.gov/index.html