Section H 3.14.17.pdf

DTFAWA-17-R-00028

SECTION H

SPECIAL CONTRACT REQUIREMENTS

Page H- 1 Screening Information Request (SIR) Section H DTFAWA-17-R-00028 “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 GOVERNMENT–FURNISHED EQUIPMENT/INFORMATION (GFE/GFI)

a) For each Geostationary Earth Orbit (GEO) Satellite Payload (GSP), the Government will provide as Government-Furnished Equipment (GFE) two Signal Generator Subsystems (SGS), which includes SGS test equipment, to the Contractor at a mutually agreed upon time.

b) The Government will also provide telecommunication circuits to the GUS sites, and the use of WAAS Shadow System.

c) The SGS contains a Frequency Standard, P/N 5071A, which is classified as a hazardous device under current Federal Regulations. The Frequency Standard requires special shipping requirements and has been granted a special exemption; see DOT-SP11401 for shipment of the Frequency Standard. The Contractor must package and ship the Frequency Standard in compliance with the requirements defined in the Wide Area Augmentation System (WAAS) Technical Instruction Book and in accordance with DOT-SP11401.

d) Title to all Government property will not be affected by its incorporation or attachment to any property not owned by the Government, nor will any Government property become a fixture or lose its identity as personal property by being attached to any real property.

H.2 REQUIRED RADIO LICENSES

a) Prior to commencement of In-Orbit Test (IOT), a radio license for the GSP must be acquired for each GEO orbital location as approved at contract award. If the Contractor fails to acquire the requisite license, the Government has the right to terminate for cause all or a portion of the contract consisting of CLINs defining the service dependent upon the satellite affected.

The termination notice will be provided to the Contractor within thirty (30) days of the planned commencement date for IOT, or longer with the consent of the Contracting Officer. In accordance with this Clause the Government will not be liable for any termination charges with respect to those services that are affected by such failure to acquire the Radio License.

b) By the conclusion of IOT, the Contractor must acquire an applicable Radio License for the operation of the GSP at its orbital location. If, upon completion of IOT, an applicable Radio License has not been acquired for the GSP on that satellite at that location, and notwithstanding that this location may be within the acceptable limits of orbital arcs as defined within the Statement of Work, the Government has the right to terminate for cause all or a portion of the Contract consisting of CLINs defining the service dependent upon the satellite affected.

c) Failure to acquire the requisite Radio License is defined as:

1. Final Order issued by the Federal Communications Commission (FCC):

i. denying Contractor’s application for a Radio License to operate the GSP, or

ii. dismissing the Contractor’s application for a Radio License to operate the

GSP with prejudice without Contractor’s assent or agreement; or

2. the Contractor has:

i. not actively pursued the Radio License with an appropriate governmental agency, or

ii. been unsuccessful in acquiring the Radio License after six months of completion of IOT.

Page H- 2 Screening Information Request (SIR) Section H DTFAWA-17-R-00028 “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 LICENSES AND PERMITS

a) Offeror, without additional expense to the Government, is responsible for obtaining any necessary licenses and permits (including security clearances) prior to award of a contract.

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.4 INITIAL GSP BROADCAST AVAILABILITY

a) The GSP Broadcast Availability of WAAS L1 and L5 requires a successful satellite launch including achievement of geostationary orbit, attainment of the satellite in a pre-assigned geostationary earth orbit position approved by the Government and successful GSP In-Orbit Test (IOT). The achievement of all these activities constitutes broadcast availability of the GSP. The Contractor must notify the FAA in writing within ten (10) calendar days of failure to achieve broadcast availability of the GSP. The Contractor’s written notification must also include the basis for the failure.

b) If the Contracting Officer determines that the failure to achieve GSP Broadcast Availability falls under the purview of AMS Clause 3.10.6-7 Excusable Delays, the Contractor must provide in writing a proposed alternative GSP solution compliant with the Technical Specifications to the Government Contracting Officer within sixty (60) calendar days of the GSP Broadcast Availability failure. The Government retains the right to seek concurrently other potential GSP replacement solutions with vendor(s) other than the Contractor. If the Government determines the proposed alternative solution to be unacceptable, technical, schedule and price considerations included, the Government will inform the Contractor of this notification in writing within thirty (30) days of receipt of the Contractor’s proposed alternative. If the parties cannot reach agreement on a mutually acceptable proposed alternative, the Government has the right to terminate for cause all or a portion of the Contract consisting of CLINs defining the service for the satellite that experienced the failure. The Government’s right to terminate under this clause is in addition to any other termination rights the Government may have under any other provision in this Contract.

H.5 CONTROLLED RELOCATION/REPOSITION OF THE GSP

The Contractor must provide the Contracting Officer written notice at least thirty (30) calendar days prior to any controlled relocation/reposition of a GEO satellite, specifically citing the GEO satellite’s planned orbital location. A GEO satellite relocation/reposition that occurs without the prescribed advance notification will be considered an uncontrolled relocation/reposition.

For a controlled relocation/reposition, the following will apply:

a) If the orbital location of the relocated GEO satellite is within 115° and 137° West Longitude (WL), the terms of the service lease will continue unmodified.

b) If the orbital location of the relocated GEO satellite is outside of 115° and 137° WL, the Government will assess the impact of the proposed new orbital location on the WAAS Service to

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determine the acceptability of the new orbital location.

(i) In the event the Government determines that the new orbital location is acceptable, the

Government will notify the Contractor accordingly within thirty (30) calendar days of receipt of the Contractor’s notice. The Government and Contractor will negotiate a mutually agreeable price for services.

(ii) In the event the Government determines that the new orbital location is unacceptable, the Government has the right to terminate for cause all or a portion of the Contract consisting of CLINs defining the service for the satellite which experienced the relocation or repositioning. The termination notice will be provided to the Contractor within thirty

(30) calendar days of such a determination. Notwithstanding any termination charges that the Government might be liable for in a termination for cause under AMS Clause 3.10.6-4 (Default, Fixed Price Supply and Service (1996)), if the Government terminates for cause under this clause the Government will not be liable for termination charges with respect to those satellite services that are affected by such relocation, repositioning or any replacement of the contracted for satellite. The Government’s right to terminate under this clause is in addition to any other termination rights the Government may have under any other provision in this Contract.

c) If, at anytime during controlled relocation/reposition, it is necessary to turn off the GSP causing a service interruption, the provisions of H.6 INTERRUPTION ALLOWANCES will be invoked.

H.6 INTERRUPTION ALLOWANCES

The Government is not obligated to pay for the Integration, Test and Cutover Service Lease (Phase 2) or for the Service Lease (Phase 3) at any time that the Satellite service no longer satisfies performance requirements for any reason unrelated to the WAAS ground infrastructure.

a) During Phase 2, the Government will not make a lease payment for any period during when the satellite is unavailable and or unusable for integration and test of the GSP/RFU/SGST. The Government will receive a credit in increments of one day, 1/365 of the Integration, Test & Cutover Service Lease, for each day or portion of a day that the outage occurs. Payment will resume only when the non-compliant requirements of Phase 1 are corrected.

b) During Phase 3, in the event of a service interruption attributable to the Radio Frequency Uplink (RFU) subsystem and/or GSP, the Contractor will add the outage minutes to accrue an aggregate total. When the aggregate total exceeds thirty (30) minutes, the Contractor must credit the Government, in increments of thirty (30) minutes, 1/1,440 of the monthly charge of the service lease for each increment of thirty (30) minutes. The Contractor must deduct thirty (30) minutes from the aggregate for each credit to the Government. When a credit for a 30-minute interruption allowance is applied, the 30-minute interruption will be deducted from the aggregate total.

H.7 RESTRICTIONS AGAINST DISCLOSURE

a) The Contractor and its subcontractor(s) agree to keep all information it gathers or analyzes, or information the Government furnishes in the course of this Contract 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”, Page H- 4 Screening Information Request (SIR) Section H DTFAWA-17-R-00028 “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.”

"Confidential”, “Proprietary" or “Sensitive Unclassified Information” must also be similarly protected and 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.

e) The Contractor may “gather and analyze” information that is not furnished or owned by the Government. Such information will not be subject to the restrictions in this clause.

H.8 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 which 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 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 to not:

a) 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) 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, the Contractor must 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) The Contractor agrees 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) The Contractor agrees to obtain from each employee connected with this Contract, a written agreement that the employee will not during his/her employment by the Contractor or

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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.

f) The Contractor agrees 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

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.

g) Any data, information or documentation developed or designed under this Contract for the Government must be the sole ownership of the Government. There must be no restrictions on how the Government may chose to use this data or information at any time.

H.9 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.10 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.

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.

Page H- 6 Screening Information Request (SIR) Section H DTFAWA-17-R-00028 “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.11 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 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.

• TBD

H.12 KEY PERSONNEL AND SUBSTITUTION THEREOF

a) Key personnel are those individuals possessing unique experience, qualifications or knowledge. The Contractor must provide and designate key personnel. As a minimum, the individuals listed below are deemed key personnel. 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.

1. Program Manager

2. Test Director, Lead Systems Engineer

3. Technical Director

4. Algorithms

5. Systems Test

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

Page H- 7 Screening Information Request (SIR) Section H DTFAWA-17-R-00028 “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.”

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:

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) The personnel listed above are considered essential to the work being performed during the Contract. Prior to removing, replacing, or diverting any of the specified individuals from the contract work, 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.

Page H- 8 Screening Information Request (SIR) Section H DTFAWA-17-R-00028 “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.13 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.

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.14 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.

H.15 INDEMNIFICATION

The Government will not indemnify the Contractor and any of its subcontractors with respect to terrestrial communication and satellite ground earth station linkage nor shall the Government consider such costs to be allowable under this contract.

H.16 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) on an as-needed temporary basis during the performance of the Contract. The cost of long distance calls placed by Government and Government support personnel will be by Contractor accepted practices for on-site Government and Government support personnel.

H.17 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 support contractor facilities in Washington, D.C., WAAS Prime Contractor facility, FAA Aeronautical Center in Oklahoma City, OK and William J. Hughes Technical Center (WJHTC) in New Jersey, NJ. The Contractor will be granted access to the building at all times during normal work hours in performance of the Contract.

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

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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.

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.18 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 Technical Representative (COTR) 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.19 ACCOUNTABILITY FOR CONTRACTOR ACQUIRED EQUIPMENT/

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.20 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 September 15th of each calendar year on Form DOT Form 4220.43, Contractor Report of Government Property.

H.21 ACCOUNTABILITY OF GOVERNMENT-FURNISHED PROPERTY (GFP)

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 4650-12. The FAA Form 4650-12 will be signed by the Contracting

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Officer and the COTR 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 Property Administrator 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 be 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.

H.22 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 technical data or software.

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.

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

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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.23 INCORPORATION OF SECTION K BY REFERENCE

Upon award of a Contract, Section K, Representations, Certifications, and Statements of Offerors (as completed by the Contractor) will be incorporated by reference in the Contract.

H.24 CONFIGURATION CONTROL - ENGINEERING CHANGES, DEVIATIONS,

AND 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 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.

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

H.25 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 delivery to the Government or Contractor.

H.26 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 2007 or 2010 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 making content legible in hardcopy. 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

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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.27 SUBCONTRACTING PLAN

The Contractor’s Subcontracting Plan dated (Insert Date) is incorporated by reference in its entirety to this Contract.

H.28 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