**3.2.2.3 SOURCE SELECTION**

3.2.2.3-1 False Statements in Offers

FALSE STATEMENTS IN OFFERS (APRIL 1996)

Offerors must provide full, accurate, and complete information as
required by this Screening Information Request (SIR) and its
attachments. The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001.

*(End of Provision)*

3.2.2.3-2 Minimum Offer Acceptance Period

MINIMUM OFFER ACCEPTANCE PERIOD (APRIL 1996)

\(a\) \'Acceptance period,\' as used in this provision, means the number
of calendar days available to the Government for awarding a contract
from the date specified in this Screening Information Request (SIR) for
receipt of offers.

\(b\) This provision supersedes any language pertaining to the
acceptance period that may appear elsewhere in this SIR.

\(c\) The Government requires a minimum acceptance period of \_\_\_\_\_
calendar days \[the Contracting Officer shall insert the number of
days\].

\(d\) In the space provided immediately below, offerors may specify a
longer acceptance period than the Government\'s minimum requirement. The
offeror allows the following acceptance period: \_\_\_\_\_ calendar
days.

\(e\) An offer allowing less than the Government\'s minimum acceptance
period may be rejected.

\(f\) The offeror agrees to execute all that it has undertaken to do, in
compliance with its offer, if that offer is accepted in writing within:
(1) the acceptance period stated in paragraph (c) of this clause or (2)
any longer acceptance period stated in paragraph (d) of this clause.

*(End of Provision)*

3.2.2.3-3 Affiliated Offerors.

AFFILIATED OFFERORS (APRIL 1996)

\(a\) Business concerns are affiliates of each other when, either
directly or indirectly, (1) one concern controls or has the power to
control the other, or (2) a third party controls or has the power to
control both.

\(b\) Each offeror shall submit with its offer an affidavit stating that
it has no affiliates, or containing the following information:

\(1\) The names and addresses of all affiliates of the offeror.

\(2\) The names and addresses of all persons and concerns exercising
control or ownership of the offeror and any or all of its affiliates,
and whether they exercise such control or ownership as common officers,
directors, stockholders holding controlling interest or otherwise.

*(End of Provision)*

3.2.2.3-4 Samples

SAMPLES (APRIL 1996)

\(a\) \'Samples\' are item sample submissions required of offerors to
show those characteristics of the offered products that cannot
adequately be described by specifications or purchase descriptions
(e.g., balance, facility of use, or pattern).

\(b\) Samples, required elsewhere in this Screening Information Request
(SIR), must be furnished as part of the offer and must be received by
the time specified for receipt of offers. Failure to furnish samples on
time may require rejection of the offer (see the "Late Submissions,
Modifications, and Withdrawals of Submittals" provision of this SIR).

\(c\) Samples will be tested or evaluated to determine compliance with
all the characteristics listed for examination in this SIR. Failure of
these samples to conform to the required characteristics may require
rejection of the offer.

\(d\) Unless otherwise specified in the SIR, samples shall be (1)
submitted at no expense to the Government, and (2) returned at the
offeror\'s request and expense, unless they are destroyed during
preaward testing.

\(e\) At the discretion of the Contracting Officer, the requirements for
furnishing samples may be waived for an offeror if (1) the offer states
that the offered product is the same as a product offered by the offeror
to the \_\_\_\_\_\_\_\_ \[as appropriate, the Contracting Officer shall
designate the contracting office or an alternate activity or office\] on
a previous acquisition, (2) the Contracting Officer determines that the
previously offered product was accepted or tested and found to comply
with specification and other requirements for technical acceptability
conforming in every material respect with those of this SIR, and (3) the
product offered under this SIR will be produced under a resulting
contract at the same plant in which the previously acquired or tested
product was produced.

*(End of Provision)*

3.2.2.3-5 Descriptive Literature

DESCRIPTIVE LITERATURE (APRIL 1996)

\(a\) \'Descriptive literature\' means information (e.g., cuts,
illustrations, drawings, and brochures) that is submitted as part of a
offer. Descriptive literature is required to establish, for the purpose
of evaluation and award, details of the product offered that are
specified elsewhere in the Screening Information Request (SIR) and
pertain to significant elements such as (1) design; (2) materials;
(3) components; (4) performance characteristics; and (5) methods of
manufacture, assembly, construction, or operation. The term includes
only information required to determine the technical acceptability of
the offered product. It does not include other information such as that
used in determining the responsibility of a prospective Contractor or
for operating or maintaining equipment.

\(b\) Descriptive literature, required elsewhere in this SIR, must be
(1) identified to show the item(s) of the offer to which it applies and
(2) received by the time specified in this SIR for receipt of
submittals. Failure to submit descriptive literature on time may require
rejection of the offer (see the "Late Submissions, Modifications, and
Withdrawals of Submittals" provision of this SIR).

\(c\) The failure of descriptive literature to show that the product
offered conforms to the requirements of this SIR may require rejection
of the submittal.

\(d\) At the discretion of the Contracting Officer, the requirement for
furnishing descriptive literature under this solicitation may be waived
for any offeror that makes an affirmative representation in
subparagraph  (d)(1) below, if the Contracting Officer determines that
the product supplied by the offeror under a prior contract meets the
requirements of this SIR.

\(1\) The offeror represents that it \[ \] has, \[ \] has not \[check
applicable box\] supplied a product to the \_\_\_\_\_\_\_\_ \[as
appropriate, the Contracting Officer shall designate the contracting
office or an alternate activity or office\] under a prior contract that
is the same as the product offered under this SIR for which literature
is required.

\(2\) If the offeror checked \'has\' in paragraph  (d)(1) above, and
seeks a waiver of the requirement for submitting descriptive literature,
the offeror must fill in the following information:

  -- --------------------------------------- ----------------------------
     Prior contract number                   

     Date of prior contract                  

     Contract line item number of product    
     supplied                                

     Name and address of                     

     government activity to which            

     delivery was made                       

     Date of final delivery of product       
     supplied                                
  -- --------------------------------------- ----------------------------

\(e\) Offerors must submit offers on the basis of required descriptive
literature or on the basis of a previously supplied product under
paragraph (d) above. An offeror submitting a offer on one of these two
bases may not elect to have its offer considered on the alternative
basis after the time specified for receipt of submittals. A offeror\'s
request for a waiver under paragraph (d) above will be disregarded if
that offeror has submitted the descriptive literature required under
this SIR.

*(End of Provision)*

3.2.2.3-6 Submittals in the English Language

SUBMITTALS IN THE ENGLISH LANGUAGE (APRIL 1996)

Submittals in response to this Screening Information Request (SIR) shall
be in the English language. Submittals received in other than English
shall be rejected.

*(End of Provision)*

3.2.2.3-7 Submittals in U.S. Currency

SUBMITTALS IN U.S. CURRENCY (APRIL 1996)

Submittals in response to this Screening Information Request (SIR) shall
be in terms of U.S. dollars. Offers received in other than U.S. dollars
shall be rejected.

*(End of Provision)*

3.2.2.3-8 Audit and Records

AUDIT AND RECORDS (APRIL 1996)

\(a\) As used in this clause, \'records\' includes books, documents,
accounting procedures and practices, and other data, regardless of type
and regardless of whether such items are in written form, in the form of
computer data, or in any other form.

\(b\) Examination of costs. If this is a cost-reimbursement, incentive,
time-and-materials, labor-hour, or price-redeterminable contract, or any
combination of these, the Contractor shall maintain and the Contracting
Officer or an authorized representative of the Contracting Officer shall
have the right to examine and audit all records and other evidence
sufficient to reflect properly all costs claimed to have been incurred
or anticipated to be incurred directly or indirectly in performance of
this contract. This right of examinations shall include inspection at
all reasonable times of the Contractor\'s plants, or parts of them,
engaged in performing the contract.

\(c\) Cost or pricing data. If the Contractor has been required to
submit cost or pricing data in connection with any pricing action
relating to this contract, the Contracting Officer or an authorized
representatives of the Contracting Officer, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data, shall
have the right to examine and audit all of the Contractor\'s records,
including computations and projections, related to\--

\(1\) The proposal for the contract, subcontract, modification;

\(2\) The communications conducted on the proposal(s), including those
related to negotiating;

\(3\) Pricing of the contract, subcontract, or modification; or

\(4\) Performance of the contract, subcontract or modification.

\(d\) Comptroller General\--

\(1\) The Comptroller General of the United States, or an authorized
representative, shall have access to and the right to examine any of the
Contractor\'s directly pertinent records involving transactions related
to this contract or a subcontract hereunder.

\(2\) This paragraph may not be construed to require the Contractor or
subcontractor to create or maintain any record that the Contractor or
subcontractor does not maintain in the ordinary course of business or
pursuant to a provision of law.

\(e\) Reports. If the Contractor is required to furnish cost, funding,
or performance reports, the Contracting Officer or an authorized
representative of the Contracting Officer shall have the right to
examine and audit the supporting records and materials, for the purpose
of evaluating (1) the effectiveness of the Contractor\'s policies and
procedures to produce data compatible with the objectives of these
reports and (2) the data reported.

\(f\) Availability. The Contractor shall make available at its office at
all reasonable times the records, materials and other evidence described
in paragraphs (a), (b), (c), (d), and (e) of this clause, for
examination, audit, or reproduction, until 3 years after final payment
under this contract, or for any longer period required by statute or by
other clauses of this contract. In addition\--

\(1\) If this contract is completely or partially terminated, the
records relating to the work terminated shall be made available for
3 years after any resulting final termination settlement; and

\(2\) Records relating to appeals under the "Contract Disputes" clause
or to litigation or the settlement of contract disputes arising under or
relating to this contract shall be made available until such appeals,
litigation, or contract disputes are finally resolved.

\(g\) The Contractor shall insert a clause containing all the terms of
this clause, including this paragraph (g), in all subcontracts under
this contract that exceed \$1,000,000, and (1) that are
cost-reimbursement, incentive, time-and-materials, labor-hour, or
price-redeterminable type or any combination of these; (2) for which
cost or pricing data are required; or (3) that require the subcontractor
to furnish reports as discussed in paragraph (e) of this clause. This
clause may be altered only as necessary to identify properly the
contracting parties and the Contracting Officer under the Government
prime contract.

*(End of Clause)*

3.2.2.3-9 Notice of Possible Standardization

NOTICE OF POSSIBLE STANDARDIZATION (APRIL 1996)

If the supplies for which this Screening Information Request (SIR) has
been issued are established as standard, future contracts for the
required supplies may be awarded without providing for competition.

*(End of Provision)*

3.2.2.3-10 Type of Business Organization

TYPE OF BUSINESS ORGANIZATION (APRIL 1996)

The offeror, by checking the applicable box, represents that\--

\(a\) It operates as \[ \] a corporation incorporated under the laws of
the State of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ , \[ \] an
individual, \[ \] a partnership, \[ \] a nonprofit organization, or \[
\] a joint venture.

\(b\) If the offeror or quoter is a foreign entity, it operates as \[ \]
individual, \[ \] a partnership, \[ \] a nonprofit organization, \[ \] a
joint venture, or \[ \] a corporation, registered for business in
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
.

(country)

*(End of Provision)*

3.2.2.3-11 Unnecessarily Elaborate Submittals

UNNECESSARILY ELABORATE SUBMITTALS (APRIL 1996)

Unnecessarily elaborate brochures or other presentations beyond those
sufficient to present a complete and effective response to this
Screening Information Request (SIR) are not desired and may be construed
as an indication of the offeror\'s lack of cost consciousness. Elaborate
art work, expensive paper and bindings, and expensive visual and other
presentation aids are neither necessary nor wanted.

*(End of Provision)*

3.2.2.3-12 Amendments to Screening Information Requests

AMENDMENTS TO SCREENING INFORMATION REQUESTS (SIR) (APRIL 1996)

\(a\) If this SIR is amended, then all terms and conditions which are
not modified remain unchanged.

\(b\) Offerors shall acknowledge receipt of any amendment to this SIR by
(1) signing and returning the amendment, (2) identifying the amendment
number and date in the space provided for this purpose on the form for
submitting an offer, (3) letter or telegram, (4) facsimile, if facsimile
offers are authorized in the SIR, or (5) electronic commerce response,
if electronic commerce responses are authorized in the SIR. The
Government must receive the acknowledgment by the time specified in the
SIR for receipt of submittals.

*(End of Provision)*

3.2.2.3-13 Submission of Information/Documentation/Offers.

SUBMISSION OF INFORMATION, DOCUMENTATION, AND OFFERS (APRIL 1996)

\(a\) Information, Documentation, and Offers and modifications thereof
shall be submitted in sealed envelopes or packages (1) addressed to the
office specified in the Screening Information Request (SIR), and (2)
showing the time specified for receipt, the SIR number, and the name and
address of the offeror.

\(b\) Telegraphic submittals will not be considered unless authorized by
the SIR; however, offers may be modified by written or telegraphic
notice.

\(c\) Facsimile submittals, modifications or withdrawals will not be
considered unless authorized by the SIR.

\(d\) Information, Documentation, and Offers submitted by electronic
commerce shall be considered only if the electronic commerce method was
specifically stipulated or permitted by the SIR.

\(e\) Item samples, if required, must be submitted within the time
specified for receipt of submittals. Unless otherwise specified in the
SIR, these samples shall be (1) submitted at no expense to the
Government, and (2) returned at the sender\'s request and expense,
unless they are destroyed during preaward testing.

*(End of Provision)*

3.2.2.3-14 Late Submissions, Modifications, and Withdrawals of
Submittals

LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF SUBMITTALS (APRIL
1996)

\(a\) Any submittals received at the office designated in the SIR after
the exact time specified for receipt will not be considered unless it is
received before award is made and it\--

\(1\) Was sent by registered or certified mail not later than the fifth
calendar day before the date specified for receipt of submittals (e.g.,
an offer submitted in response to a SIR requiring receipt of offers by
the 20th of the month must have been mailed by the 15th);

\(2\) Was sent by mail or, if authorized by the SIR, was sent by
telegram or via facsimile and it is determined by the Government that
the late receipt was due solely to mishandling by the Government after
receipt at the Government installation;

\(3\) Was sent by U.S. Postal Service Express Mail Next Day Service-Post
Office to Addressee, not later than 5:00 p.m. at the place of mailing
two working days prior to the date specified for receipt of submittals.
The term \'working days\' excludes weekends and U.S. Federal holidays;

\(4\) Was transmitted through an electronic commerce method authorized
by the SIR and was received by the Government not later than 5:00 p.m.
one working day prior to the date specified for receipt of submittals;
or

\(5\) Is the only submittal received.

\(b\) Any modification of submittals, except a modification resulting
from the Contracting Officer\'s request, is subject to the same
conditions as in subparagraphs (a)(1), (2), and (3) of this provision.

\(c\) A modification resulting from the Contracting Officer\'s request
received after the time and date specified in the request will not be
considered unless received before award and the late receipt is due
solely to mishandling by the Government after receipt at the Government
installation.

\(d\) The only acceptable evidence to establish the date of mailing of a
late proposal or modification sent either by U.S. Postal Service
registered or certified mail is the U.S. or Canadian Postal Service
postmark both on the envelope or wrapper and on the original receipt
from the U.S. or Canadian Postal Service. Both postmarks must show a
legible date or the proposal, quotation, or modification shall be
processed as if mailed late. \'Postmark\' means a printed, stamped, or
otherwise placed impression (exclusive of a postage meter machine
impression) that is readily identifiable without further action as
having been supplied and affixed by employees of the U.S. or Canadian
Postal Service on the date of mailing. Therefore, offerors should
request the postal clerk to place a legible hand cancellation bull\'s
eye postmark on both the receipt and the envelope or wrapper.

\(e\) The only acceptable evidence to establish the time of receipt at
the Government installation is the time/date stamp of that installation
on the submittal wrapper or other documentary evidence of receipt
maintained by the installation.

\(f\) The only acceptable evidence to establish the date of mailing of a
late offer, modification, or withdrawal sent by Express Mail Next Day
Service-Post Office to Addressee is the date entered by the post office
receiving clerk on the \'Express Mail Next Day Service-Post Office to
Addressee\' label and the postmark on both the envelope or wrapper and
on the original receipt from the U.S. Postal Service. \'Postmark\' has
the same meaning as defined in paragraph (d) of this provision,
excluding postmarks of the Canadian Postal Service. Therefore, offerors
should request the postal clerk to place a legible hand cancellation
bull\'s eye postmark on both the receipt and the envelope or wrapper.

\(g\) Notwithstanding paragraph (a) of this provision, a late
modification of an otherwise acceptable submittal makes its terms more
favorable to the Government will be considered at any time it is
received and may be accepted.

\(h\) Submittals may be withdrawn by written notice or telegram
(including mailgram) received at any time before award. If the SIR
authorizes facsimile submittals, submittals may be withdrawn via
facsimile received at any time before award, subject to the conditions
specified in the provision entitled \'Facsimile Submittals.\' Submittals
may be withdrawn in person by an offeror or an authorized
representative, if the representative\'s identity is made known and the
representative signs a receipt for the submittal before award.

*(End of Provision)*

3.2.2.3-15 Authorized Negotiators.

AUTHORIZED NEGOTIATORS (APRIL 1996)

The offeror represents that the following persons are authorized to
negotiate on its behalf with the Government in connection with this
submittal: \_\_\_\_\_\_\_\_\_\_\_\_\_ \[list names, titles, and
telephone numbers of the authorized negotiators\].

*(End of Provision)*

3.2.2.3-16 Restriction on Disclosure and Use of Data.

RESTRICTION ON DISCLOSURE AND USE OF DATA (APRIL 1996)

Offerors who include in their submittals data that they do not want
disclosed to the public for any purpose or used by the Government except
for evaluation purposes, shall\--

\(a\) Mark the title page with the following legend: \'This submittal
includes data that shall not be disclosed outside the Government and
shall not be duplicated, used, or disclosed-in whole or in part-for any
purpose other than to evaluate this submittal. If, however, a contract
is awarded to this offeror or quoter as a result of\--or in connection
with\--the submission of this data, the Government shall have the right
to duplicate, use, or disclose the data to the extent provided in the
resulting contract. This restriction does not limit the Government\'s
right to use information contained in this data if it is obtained from
another source without restriction. The data subject to this restriction
are contained in sheets \[insert numbers or other identification of
sheets\];\' and

\(b\) Mark each sheet of data it wishes to restrict with the following
legend: \'Use or disclosure of data contained on this sheet is subject
to the restriction on the title page of this submittal.\'

*(End of Provision)*

3.2.2.3-17 Preparation of Submittals

PREPARATION OF SUBMITTALS (APRIL 1996)

\(a\) Offerors are expected to examine any drawings, specifications,
Schedule, and all instructions. Failure to do so will be at the
offeror\'s risk.

\(b\) Each offeror shall furnish the information required by the
Screening Information Request (SIR). The offeror shall print or type its
name and sign the submittal. Erasures or other changes must be initialed
by the person signing the submittal. Offers signed by an agent shall be
accompanied by evidence of that agent\'s authority, unless that evidence
has been previously furnished to the issuing office.

\(c\) For each item offered, offerors shall (1) show the unit
price/cost, including, unless otherwise specified, packaging, packing,
and preservation and (2) enter the extended price/cost for the quantity
of each item offered in the \'Amount\' column of the Schedule. In case
of discrepancy between a unit price/cost and an extended price/cost, the
unit price/cost will be presumed to be correct, subject, however, to
correction to the same extent and in the same manner as any other
mistake.

\(d\) Offers for supplies or services other than those specified will
not be considered unless authorized by the SIR.

\(e\) Offerors must state a definite time for delivery of supplies or
for performance of services, unless otherwise specified in the SIR.

\(f\) Time, if stated as a number of days, will include Saturdays,
Sundays, and holidays, unless specifically stated otherwise.

*(End of Provision)*

3.2.2.3-18 Explanation to Prospective Offerors.

EXPLANATION TO PROSPECTIVE OFFERORS (APRIL 1996)

Any prospective offeror desiring an explanation or interpretation of the
Screening Information Request (SIR), drawings, specifications, etc.,
must request it soon enough to allow a reply to reach all prospective
offerors before the submission of their offers. Oral explanations or
instructions given before the award of the contract will be binding if
confirmed in writing. Any information given to a prospective offeror
concerning a SIR will be furnished promptly to all other prospective
offerors as an amendment of the SIR if the lack of that information
would be prejudicial to any other prospective offerors.

*(End of Provision)*

3.2.2.3-19 Contract Award.

CONTRACT AWARD (APRIL 1996)

\(a\) The Government will award a contract resulting from this Screening
Information Request (SIR) to the responsible offeror whose submittal
conforming to the SIR will, at the discretion of the source selection
official, be the best value to the FAA considering the technical,
cost/price, and other criteria in the SIR.

\(b\) The Government may (1) reject any or all submittals if such action
is in the public interest, (2) accept other than the lowest cost/price
submittal, and (3) waive informalities and minor irregularities in
offers received.

\(c\) The Government intends to evaluate submittals and award a
contract, either on initial submittals without communications, or on
initial or subsequent submittals with communications. In evaluating the
submittals, the Government may conduct written or oral communications
with any and/or all offerors, and may down-select the firms
participating in the competition to only those offerors most likely to
receive award. A submittal in response to an SIR should contain the
offeror\'s best terms from a cost or price and technical standpoint.

\(d\) The Government may accept any item or group of items of an offer,
unless the offeror qualifies the offer by specific limitations. Unless
otherwise provided in the SIR, offers may be submitted for quantities
less than those specified. The Government reserves the right to make an
award on any item for a quantity less than the quantity offered, at the
unit cost or prices offered, unless the offeror specifies otherwise in
the offer.

\(e\) A written award or acceptance of offer mailed or otherwise
furnished to the successful offeror within the time for acceptance
specified in the offer shall result in a binding contract without
further action by either party. Before the offer\'s specified expiration
time, the Government may accept an offer (or part of an offer, as
provided in paragraph (d) above), whether or not there are
communications after its receipt, unless a written notice of withdrawal
is received before award. Communications conducted after receipt of an
offer do not constitute a rejection or counteroffer by the Government.

\(f\) The Government may determine that an offer is unacceptable if the
prices proposed are materially unbalanced between line items or subline
items. An offer is materially unbalanced when it is based on prices
significantly less than cost for some work and prices which are
significantly overstated in relation to cost for other work, and if
there is a reasonable doubt that the offer will result in the lowest
overall cost to the Government, even though it may be the low evaluated
offer, or it is so unbalanced as to be tantamount to allowing an advance
payment.

\(g\) The Government may disclose the following information in
post-award debriefings to other offerors: (1) the source selection
official's decision; (2) the offeror's evaluated standings relative to
the successful offeror(s); and (3) a summary of the evaluation findings
relating to the offeror.

*(End of Provision)*

3.2.2.3-20 Telegraphic Submittals

TELEGRAPHIC SUBMITTALS (APRIL 1996)

\(a\) Offerors may submit telegraphic responses to this screening
information request (SIR). These responses must arrive at the place, and
by the time, specified in the SIR.

\(b\) Telegraphic responses shall refer to this SIR and include, as
applicable, the item or subitems, quantities, unit prices, time and
place of delivery, all representations and other information required by
this solicitation, and a statement specifying the extent of agreement
with all the terms, conditions, and provisions of the SIR.

\(c\) Telegraphic responses that fail to furnish required
representations or information, or that reject any of the terms,
conditions and provisions of the solicitation, may be excluded from
consideration.

\(d\) Offerors must promptly sign and submit complete copies of the
submittals in confirmation of their telegraphic responses.

\(e\) The term \'telegraphic responses,\' as used in the provision,
includes mailgrams.

*(End of Provision)*

3.2.2.3-21 Facsimile Submittals

FACSIMILE SUBMITTALS (APRIL 1996)

\(a\) Definition. \'Facsimile submittal,\' as used in this Screening
Information Request (SIR), means a submittal, modification of a
submittal, or withdrawal of a submittal that is transmitted to and
received by the Government via electronic equipment that communicates
and reproduces both printed and handwritten material.

\(b\) Offerors may submit facsimile submittals as responses to this SIR.
These responses must arrive at the place, and by the time, specified in
the SIR.

\(c\) Facsimile submittals that fail to furnish required representations
or information, or that reject any of the terms, conditions, and
provisions of the SIR, may be excluded from consideration.

\(d\) Facsimile submittals must contain the required signatures.

\(e\) The Government reserves the right to make award solely on the
facsimile submittal. However, if requested to do so by the Contracting
Officer, the apparently successful offeror agrees to promptly submit the
complete original signed submittal proposal.

\(f\) Facsimile receiving data and compatibility characteristics are as
follows:

\(1\) Telephone number of receiving facsimile equipment:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(2\) Compatibility characteristics of receiving facsimile equipment
(e.g., make and model number, receiving speed, communications protocol):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(g\) If the offeror chooses to transmit a facsimile submittal, the
Government will not be responsible for any failure attributable to the
transmission or receipt of the facsimile submittal including, but not
limited to, the following:

\(1\) Receipt of garbled or incomplete proposal.

\(2\) Availability or condition of the receiving facsimile equipment.

\(3\) Incompatibility between the sending and receiving equipment.

\(4\) Delay in transmission or receipt of submittal.

\(5\) Failure of the offeror to properly identify the submittal.

\(6\) Illegibility of submittal.

\(7\) Security of submittal data.

*(End of Provision)*

3.2.2.3-22 Period for Acceptance of Offer

PERIOD FOR ACCEPTANCE OF OFFER (APRIL 1996)

In compliance with the Screening Information Request (SIR), the offeror
agrees, if this offer is accepted within \_\_\_\_\_\_\_\_ calendar days
(60 calendar days unless a different period is inserted by the offeror)
from the date specified in the SIR for receipt of offers, to furnish any
or all items on which prices are offered at the price set opposite each
item, delivered at the designated point(s), within the time specified in
the Schedule.

*(End of Provision)*

3.2.2.3-23 Place of Performance

PLACE OF PERFORMANCE (APRIL 1996)

\(a\) The offeror, in the performance of any contract resulting from
this Screening Information Request (SIR), \[ \] intends, \[ \] does not
intend (check applicable block) to use one or more plants or facilities
located at a different address from the address of the offeror as
indicated in this submittal.

\(b\) If the offeror checks \'intends\' in paragraph (a) above, it shall
insert in the spaces provided below the required information:

  ------ ----------------------------- ---- -------------------------------
         Place of Performance               Name and Address of Owner

         (Street, Address, City,            and Operator of the Plant or

         County, State, Zip Code)           Facility if Other than Offeror

                                            

                                            

                                            
  ------ ----------------------------- ---- -------------------------------

*(End of Provision)*

3.2.2.3-24 Changes or Additions to Make-or-Buy Program

CHANGES OR ADDITIONS TO MAKE-OR-BUY PROGRAM (APRIL 1996)

\(a\) The Contractor shall perform in accordance with the make-or-buy
program incorporated in this contract. If the Contractor proposes to
change the program, the Contractor shall, reasonably in advance of the
proposed change, (1) notify the Contracting Officer in writing and (2)
submit justification in sufficient detail to permit evaluation. Changes
in the place of performance of any \'make\' items in the program are
subject to this requirement.

\(b\) For items deferred at the time of formation of this contract for
later addition to the program, the Contractor shall, at the earliest
possible time, (1) notify the Contracting Officer of each proposed
addition and (2) provide justification in sufficient detail to permit
evaluation.

\(c\) Modification of the make-or-buy program to incorporate proposed
changes or additions shall be effective upon the Contractor\'s receipt
of the Contracting Officer\'s written approval.

*(End of Clause)*

3.2.2.3-25 Price Reduction for Defective Cost or Pricing Data

PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (APRIL 1996)

\(a\) If any price, including profit or fee, negotiated in connection
with this contract, or any cost reimbursable under this contract, was
increased by any significant amount because (1) the Contractor or a
subcontractor furnished cost or pricing data that were not complete,
accurate, and current as certified in its Certificate of Current Cost or
Pricing Data, (2) a subcontractor or prospective subcontractor furnished
the Contractor cost or pricing data that were not complete, accurate,
and current as certified in the Contractor\'s Certificate of Current
Cost or Pricing Data, or (3) any of these parties furnished data of any
description that were not accurate, the price or cost shall be reduced
accordingly and the contract shall be modified to reflect the reduction.

\(b\) Any reduction in the contract price under paragraph (a) above due
to defective data from a prospective subcontractor that was not
subsequently awarded the subcontract shall be limited to the amount,
plus applicable overhead and profit markup, by which (1) the actual
subcontract or (2) the actual cost to the Contractor, if there was no
subcontract, was less than the prospective subcontract cost estimate
submitted by the Contractor; provided, that the actual subcontract price
was not itself affected by defective cost or pricing data.

(c)(1) If the Contracting Officer determines under paragraph (a) of this
clause that a price or cost reduction should be made, the Contractor
agrees not to raise the following matters as a defense:

\(i\) The Contractor or subcontractor was a sole source supplier or
otherwise was in a superior bargaining position and thus the price of
the contract would not have been modified even if accurate, complete,
and current cost or pricing data had been submitted.

\(ii\) The Contracting Officer should have known that the cost or
pricing data in issue were defective even though the Contractor or
subcontractor took no affirmative action to bring the character of the
data to the attention of the Contracting Officer.

\(iii\) The contract was based on an agreement about the total cost of
the contract and there was no agreement about the cost of each item
procured under the contract.

\(iv\) The Contractor or subcontractor did not submit a Certificate of
Current Cost or Pricing Data.

(2)(i) Except as prohibited by subdivision (c)(2)(ii) of this clause, an
offset in an amount determined appropriate by the Contracting Officer
based upon the facts shall be allowed against the amount of a contract
price reduction if\--

\(A\) The Contractor certifies to the Contracting Officer that, to the
best of the Contractor\'s knowledge and belief, the Contractor is
entitled to the offset in the amount requested; and

\(B\) The Contractor proves that the cost or pricing data were available
before the date of agreement on the price of the contract (or price of
the modification) and that the data were not submitted before such date.

\(ii\) An offset shall not be allowed if\--

\(A\) The understated data was known by the Contractor to be understated
when the Certificate of Current Cost or Pricing Data was signed; or

\(B\) The Government proves that the facts demonstrate that the contract
price would not have increased in the amount to be offset even if the
available data had been submitted before the date of agreement on price.

\(d\) If any reduction in the contract price under this clause reduces
the price of items for which payment was made prior to the date of the
modification reflecting the price reduction, the Contractor shall be
liable to and shall pay the United States at the time such overpayment
is repaid\--

\(1\) Simple interest on the amount of such overpayment to be computed
from the date(s) of overpayment to the Contractor to the date the
Government is repaid by the Contractor at the applicable underpayment
rate effective for each quarter prescribed by the Secretary of the
Treasury under 26 U.S.C. 6621(a)(2); and

\(2\) A penalty equal to the amount of the overpayment if the Contractor
or subcontractor knowingly submitted cost or pricing data which were
incomplete, inaccurate, or noncurrent.

*(End of Clause)*

3.2.2.3-26 Price Reduction for Defective Cost or Pricing
Data\--Modifications

PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA\--MODIFICATIONS
(APRIL 1996)

\(a\) This clause shall become operative only for any modification to
this contract involving a pricing adjustment expected to exceed
\$1,000,000, except that this clause does not apply to any modification
awarded on the basis of price competition, catalog or market price, or
prices set by law or regulation.

\(b\) If any price, including profit or fee, negotiated in connection
with any modification under this clause, or any cost reimbursable under
this contract, was increased by any significant amount because: (1) the
Contractor or a subcontractor furnished cost or pricing data that were
not complete, accurate, and current as certified in its Certificate of
Current Cost or Pricing Data, (2) a subcontractor or prospective
subcontractor furnished the Contractor cost or pricing data that were
not complete, accurate, and current as certified in the Contractor\'s
Certificate of Current Cost or Pricing Data, or (3) any of these parties
furnished data of any description that were not accurate, the price or
cost shall be reduced accordingly and the contract shall be modified to
reflect the reduction. This right to a price reduction is limited to
that resulting from defects in data relating to modifications for which
this clause becomes operative under paragraph (a) of this clause.

\(c\) Any reduction in the contract price under paragraph (b) of this
clause due to defective data from a prospective subcontractor that was
not subsequently awarded the subcontract shall be limited to the amount,
plus applicable overhead and profit markup, by which (1) the actual
subcontract or (2) the actual cost to the Contractor, if there was no
subcontract, was less than the prospective subcontract cost estimate
submitted by the Contractor; provided, that the actual subcontract price
was not itself affected by defective cost or pricing data.

(d)(1) If the Contracting Officer determines under paragraph (b) of this
clause that a price or cost reduction should be made, the Contractor
agrees not to raise the following matters as a defense:

\(i\) The Contractor or subcontractor was a sole source supplier or
otherwise was in a superior bargaining position and thus the price of
the contract would not have been modified even if accurate, complete,
and current cost or pricing data had been submitted.

\(ii\) The Contracting Officer should have known that the cost or
pricing data in issue were defective even though the Contractor or
subcontractor took no affirmative action to bring the character of the
data to the attention of the Contracting Officer.

\(iii\) The contract was based on an agreement about the total cost of
the contract and there was no agreement about the cost of each item
procured under the contract.

\(iv\) The Contractor or subcontractor did not submit a Certificate of
Current Cost or Pricing Data.

(2)(i) Except as prohibited by subdivision (d)(2)(ii) of this clause, an
offset in an amount determined appropriate by the Contracting Officer
based upon the facts shall be allowed against the amount of a contract
price reduction if\--

\(A\) The Contractor certifies to the Contracting Officer that, to the
best of the Contractor\'s knowledge and belief, the Contractor is
entitled to the offset in the amount requested; and

\(B\) The Contractor proves that the cost or pricing data were available
before the date of agreement on the price of the contract (or price of
the modification) and that the data were not submitted before such date.

\(ii\) An offset shall not be allowed if\--

\(A\) The understated data was known by the Contractor to be understated
when the Certificate of Current Cost or Pricing Data was signed; or

\(B\) The Government proves that the facts demonstrate that the contract
price would not have increased in the amount to be offset even if the
available data had been submitted before the date of agreement on price.

\(e\) If any reduction in the contract price under this clause reduces
the price of items for which payment was made prior to the date of the
modification reflecting the price reduction, the Contractor shall be
liable to and shall pay the United States at the time such overpayment
is repaid\--

\(1\) Simple interest on the amount of such overpayment to be computed
from the date(s) of overpayment to the Contractor to the date the
Government is repaid by the Contractor at the applicable underpayment
rate effective for each quarter prescribed by the Secretary of the
Treasury under 26 U.S.C. 6621(a)(2); and (2)A penalty equal to the
amount of the overpayment, if the Contractor or subcontractor knowingly
submitted cost or pricing data which were incomplete, inaccurate, or
noncurrent.

*(End of Clause)*

3.2.2.3-27 Subcontractor Cost or Pricing Data

SUBCONTRACTOR COST OR PRICING DATA (APRIL 1996)

\(a\) Before awarding any subcontract expected to exceed \$1,000,000, on
the date of agreement on price or the date of award, whichever is later;
or before pricing any subcontract modification involving a pricing
adjustment expected to exceed \$1,000,000 the Contractor shall require
the subcontractor to submit cost or pricing data (actually or by
specific identification in writing), unless award is based on price
competition, catalog or market price, or prices set by law or
regulation.

\(b\) The Contractor shall require the subcontractor to certify that, to
the best of its knowledge and belief, the data submitted under paragraph
(a) of this clause were accurate, complete, and current as of the date
of agreement on the negotiated price of the subcontract or subcontract
modification.

\(c\) In each subcontract that exceeds \$1,000,000, when entered into,
the Contractor shall insert \--

\(1\) The substance of this clause, including this paragraph (c), if
paragraph (a) of this clause requires submission of cost or pricing data
for the subcontract.

*(End of Clause)*

3.2.2.3-28 Subcontractor Cost or Pricing Data\--Modifications

SUBCONTRACTOR COST OR PRICING DATA\--MODIFICATIONS (APRIL 1996)

\(a\) The requirements of paragraphs (b) and (c) of this clause shall
(1) become operative only for any modification to this contract
involving a pricing adjustment expected to exceed \$1,000,000, and (2)
be limited to such modifications.

\(b\) Before awarding any subcontract expected to exceed \$1,000,000, on
the date of agreement on price or the date of award, whichever is later;
or before pricing any subcontract modification involving a pricing
adjustment expected to exceed \$1,000,000, the Contractor shall require
the subcontractor to submit cost or pricing data (actually or by
specific identification in writing), unless award is based on price
competition, catalog or market price, or prices set by law or
regulation.

\(c\) The Contractor shall require the subcontractor to certify that, to
the best of its knowledge and belief, the data submitted under paragraph
(b) of this clause were accurate, complete, and current as of the date
of agreement on the negotiated price of the subcontract or subcontract
modification.

\(d\) The Contractor shall insert the substance of this clause,
including this paragraph (d), in each subcontract that exceeds
\$1,000,000 on the date of agreement on price or the date of award,
whichever is later.

*(End of Clause)*

3.2.2.3-29 Integrity of Unit Prices

INTEGRITY OF UNIT PRICES (APRIL 1996)

\(a\) Any submittal for the negotiation of prices for items of supplies
shall distribute costs within contracts on a basis that ensures that
unit prices are in proportion to the items\' base cost (e.g.,
manufacturing or acquisition costs). Any method of distributing costs to
line items that distorts unit prices shall not be used. For example,
distributing costs equally among line items is not acceptable except
when there is little or no variation in base cost. Nothing in this
paragraph requires submission of cost or pricing data not otherwise
required by law or regulation.

\(b\) The requirement in paragraph (a) of this clause does not apply to
any contract or subcontract item of supply for which the unit price is,
or is based on, an established catalog or market price for a commercial
item sold in substantial quantities to the general public or to an item
qualifying for a commercial item exception to cost or pricing data. A
price is based on an established catalog or market price only if the
item being purchased is sufficiently similar to the catalog or market
price commercial item to ensure that any difference in prices can be
identified and justified without resort to cost analysis.

\(c\) The Offeror/Contractor shall also identify those supplies which it
will not manufacture or to which it will not contribute significant
value when requested by the Contracting Officer. The information shall
not be required for commercial items sold in substantial quantities to
the general public when the price is, or is based on, established
catalog or market prices.

\(d\) The Contractor shall insert the substance of this clause, less
paragraph (c), in all subcontracts.

*(End of Clause)*

3.2.2.3-30 Termination of Defined Benefit Pension Plans

TERMINATION OF DEFINED BENEFIT PENSION PLANS (APRIL 1996)

The Contractor shall promptly notify the Contracting Officer in writing
when it determines that it will terminate a defined benefit pension plan
or otherwise recapture such pension fund assets. If pension fund assets
revert to the Contractor or are constructively received by it under a
termination or otherwise, the Contractor shall make a refund or give a
credit to the Government for its equitable. The Contractor shall include
the substance of this clause in all subcontracts requiring cost and
price data and exceeding \$1,000,000 under this contract.

*(End of Clause)*

3.2.2.3-31 Facilities Capital Cost of Money

FACILITIES CAPITAL COST OF MONEY (APRIL 1996)

\(a\) Facilities capital cost of money will be an allowable cost under
the contemplated contract. In order to be allowable, the prospective
contractor must propose facilities capital cost of money in its offer.

\(b\) If the prospective Contractor does not propose this cost, the
resulting contract will include the clause Waiver of Facilities Capital
Cost of Money.

*(End of Provision)*

3.2.2.3-32 Waiver of Facilities Capital Cost of Money

WAIVER OF FACILITIES CAPITAL COST OF MONEY (APRIL 1996)

The Contractor did not include facilities capital cost of money as a
proposed cost of this contract. Therefore, it is an unallowable cost
under this contract.

*(End of Clause)*

3.2.2.3-33 Order of Precedence

ORDER OF PRECEDENCE (APRIL 1996)

Any inconsistency in this Screening Information Request (SIR) or
contract shall be resolved by giving precedence in the following order:
(a) the Schedule (excluding the specifications); (b) representations and
other instructions; (c) contract clauses; (d) other documents, exhibits,
and attachments; and (e) the specifications.

*(End of Clause)*

3.2.2.3-34 Evaluation of Offers for Multiple Awards

EVALUATION OF OFFERS FOR MULTIPLE AWARDS (APRIL 1996)

In addition to other factors, offers will be evaluated on the basis of
advantages and disadvantages to the Government that might result from
making more than one award (multiple awards). It is assumed, for the
purpose of evaluating submittals, that \$500 would be the administrative
cost to the Government for issuing and administering each contract
awarded under this Screening Information Request (SIR) and individual
awards shall be for the items or combinations of items that result in
the lowest aggregate cost to the Government, including the assumed
administrative costs.

*(End of Provision)*

3.2.2.3-35 Annual Representations and Certifications

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APRIL 1996)

The offeror certifies that annual representations and certifications
(check the appropriate block):

\[ \] (a) Dated \_\_\_\_\_\_\_\_\_\_ (insert date of signature on
submission) which are incorporated herein by reference, have been
submitted to the contracting office issuing this Screening Information
Request (SIR) and that the submittal is current, accurate, and complete
as of the date of this offer, except as follows (insert changes that
affect only this SIR; if \'none,' so state):

\[ \] (b) Are enclosed.

*(End of Provision)*

3.2.2.3-36 Reversion or Adjustment of Plans for Postretirement Benefits
Other Than Pensions (PRB)

REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS OTHER THAN
PENSIONS (PRB) (APRIL 1996)

The Contractor shall promptly notify the Contracting Officer in writing
when it determines that it will terminate or reduce a PRB plan. If PRB
fund assets revert, or inure, to the Contractor or are constructively
received by it under a plan termination or otherwise, the Contractor
shall make a refund or give a credit to the Government for its equitable
share. The Contractor shall include the substance of this clause in all
subcontracts under this contract which exceed \$1,000,000 and for which
cost and price data are required. The resulting adjustment to prior
years\' PRB costs will be determined and applied.

*(End of Clause)*

3.2.2.3-37 Notification of Ownership Changes

NOTIFICATION OF OWNERSHIP CHANGES (APRIL 1996)

\(a\) The Contractor shall make the following notifications in writing.

\(1\) When the Contractor becomes aware that a change in its ownership
has occurred or is certain to occur which could result in changes in the
valuation of its capitalized assets in the accounting records, the
Contractor shall notify the Contracting Officer within 30 days.

\(2\) The Contractor shall also notify the Contracting Officer within 30
days whenever changes to asset valuations or any other cost changes have
occurred or are certain to occur as a result of a change in ownership.

\(b\) The Contractor shall: (1) maintain current, accurate, and complete
inventory records of assets and their costs; (2) provide the Contracting
Officer or designated representative ready access to the records upon
request; (3) ensure that all individual and grouped assets, their
capitalized values, accumulated depreciation or amortization, and
remaining useful lives are identified accurately before and after each
of the Contractor\'s ownership changes; and (4) retain and continue to
maintain depreciation and amortization schedules based on the asset
records maintained before each Contractor ownership change.

\(c\) The Contractor shall include the substance of this clause in all
subcontracts under this contract which exceed \$1,000,000 and require
cost and price data.

*(End of Clause)*

3.2.2.3-38 Requirements for Cost or Pricing Data or Information Other
Than Cost or Pricing Data

REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR
PRICING DATA (APRIL 1996)

\(a\) Exceptions from cost or pricing data.

\(1\) In lieu of submitting cost or pricing data, offerors may submit a
written request for exception by submitting the information described in
the following subparagraphs. The Contracting Officer may require
additional supporting information, but only to the extent necessary to
determine whether an exception should be granted, and whether the price
is fair and reasonable.

\(i\) Information relative to an exception granted for prior or
repetitive acquisitions.

\(ii\) Catalog price information as follows:

\(A\) Attach a copy of or identify the catalog and its date, or the
appropriate pages for the offered items, or a statement that the catalog
is on file in the buying office to which this proposal is being made.

\(B\) Provide a copy or describe current discount policies and price
lists (published or unpublished), e.g., wholesale, original equipment
manufacturer, and reseller.

\(C\) Additionally, for each catalog item that exceeds \_\_\_\_\_\_\_\_
\* (extended value not unit price), provide evidence of substantial
sales to the general public. This may include sales order, contract,
shipment, invoice, actual recorded sales or other records that are
verifiable. In addition, if the basis of the price proposal is sales of
essentially the same commercial item by affiliates, other manufacturers
or vendors, those sales may be included. The offeror shall explain the
basis of each offered price and its relationship to the established
catalog price. When substantial general public sales have also been made
at prices other than catalog or price list prices, the offeror shall
indicate how the proposed price relates to the price of such recent
sales in quantities similar to the proposed quantities.

\(iii\) Market price information. Include the source and date or period
of the market quotation or other basis for market price, the base
amount, and applicable discounts. The nature of the market should be
described. The supply or service being purchased should be the same as
or similar to the market price supply or service. Data supporting
substantial sales to the general public is also required.

\(iv\) Identification of the law or regulation establishing the price
offered. If the price is controlled under law by periodic rulings,
reviews, or similar actions of a governmental body, attach a copy of the
controlling document, unless it was previously submitted to the
contracting office.

\(v\) For commercial items, information on prices at which the same item
or similar items have been sold in the commercial market place.

\(2\) The offeror grants the Contracting Officer or an authorized
representative the right to examine, at any time before award, books,
records, documents, or other directly pertinent records to verify any
request for an exception under this provision, and the reasonableness of
price. Access does not extend to cost or profit information or other
data relevant solely to the offeror\'s determination of the prices to be
offered in the catalog or marketplace.

\(b\) Requirements for cost or pricing data. If the offeror is not
granted an exception from the requirement to submit cost or pricing
data, the following applies:

\(1\) The offeror shall submit cost or pricing data on the form
specified by the Contracting Officer, with supporting attachments
prepared in accordance with the format specified by the Contracting
Officer.

\(2\) As soon as practicable after agreement on price, but before
contract award (except for unpriced actions such as letter contracts),
the offeror shall submit a Certificate of Current Cost or Pricing Data.

\(c\) By submitting information to qualify for an exception, an offeror
is not representing that this is the only exception that may apply.

*(End of Provision)*

\*Insert dollar amount for sampling.

ALTERNATE I

\(d\) Submit the cost portion of the proposal via the following
electronic media: (Insert media format, e.g., electronic spreadsheet
format, electronic mail, etc.)

*(End of Provision)*

\*Insert dollar amount for sampling.

ALTERNATE II

\(a\) Submission of cost or pricing data is not required.

\(b\) Provide information described below:

(Insert description of the information and the format that are required,
including access to records necessary to permit an adequate evaluation
of the proposed price in accordance with FAA Acquisition Management
System, paragraph 3.2.3, "Cost and Pricing Methodology."

*(End of Provision)*

3.2.2.3-39 Requirements for Cost or Pricing Data or Information Other
Than Cost or Pricing Data\--Modifications

REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR
PRICING DATA\--MODIFICATIONS (APRIL 1996)

\(a\) Exceptions from cost or pricing data. (1) In lieu of submitting
cost or pricing data for modifications under this contract, for price
adjustments expected to exceed on the date of the agreement on price or
date of the award, whichever is later, the Contractor may submit a
written request for exception by submitting the information described in
the following paragraphs. The Contracting Officer may require additional
supporting information, but only to the extent necessary to determine
whether an exception should be granted, and whether the price is fair
and reasonable\--

\(i\) Information relative to an exception granted for prior or
repetitive acquisitions.

\(ii\) Catalog price information as follows:

\(A\) Attach a copy of or identify the catalog and its date, or the
appropriate pages for the offered items, or a statement that the catalog
is on file in the buying office to which this proposal is being made.

\(B\) Provide a copy or describe current discount policies and price
lists (published or unpublished), e.g., wholesale, original equipment
manufacturer, and reseller.

\(C\) Additionally, for each catalog item that exceeds
\_\_\_\_\_\_\_\_\_\_\_\_\* (extended value not unit price), provide
evidence of substantial sales to the general public. This may include
sales order, contract, shipment, invoice, actual recorded sales or other
records that are verifiable. In addition, if the basis of the price
proposal is sales of essentially the same commercial item by affiliates,
other manufacturers or vendors, those sales may be included. The offeror
shall explain the basis of each offered price and its relationship to
the established catalog price. When substantial general public sales
have also been made at prices other than catalog or price list prices,
the offeror shall indicate how the proposed price relates to the price
of such recent sales in quantities similar to the proposed quantities.

\(iii\) Market price information. Include the source and date or period
of the market quotation or other basis for market price, the base
amount, and applicable discounts. The nature of the market should be
described. The supply or service being purchased should be the same as
or similar to the market price supply or service. Data supporting
substantial sales to the general public is also required.

\(iv\) Identification of the law or regulation establishing the price
offered. If the price is controlled under law by periodic rulings,
reviews, or similar actions of a governmental body, attach a copy of the
controlling document, unless it was previously submitted to the
contracting office.

\(v\) Information on modifications of contracts or subcontracts for
commercial items.

\(A\) If ([1]{.underline}) The original contract or subcontract was
granted an exception from cost or pricing data requirements because the
price agreed upon was based on adequate price competition, catalog or
market prices of commercial items, or prices set by law or regulation;
and ([2]{.underline}) the modification (to the contract or subcontract)
is not exempted based on one of these exceptions, then the Contractor
may provide information to establish that the modification would not
change the contract or subcontract from a contract or subcontract for
the acquisition of a commercial item to a contract or subcontract for
the acquisition of an item other than a commercial item.

\(B\) For a commercial items, the Contractor may provide information on
prices at which the same item or similar items have been sold in the
commercial market.

\(2\) The Contractor grants the Contracting Officer or an authorized
representative the right to examine, at any time before award, books,
records, documents, or other directly pertinent records to verify any
request for an exception under this clause, and the reasonableness of
price. Access does not extend to cost or price information or other data
relevant solely to the Contractor\'s determination of the prices to be
offered in the catalog or marketplace.

\(3\) By submitting information to qualify for an exception, an offeror
is not representing that this is the only exception that may apply.

\(b\) Requirements for cost or pricing data. If the Contractor is not
granted an exception from the requirement to submit cost or pricing
data, the following applies:

\(1\) The Contractor shall submit cost or pricing data on the form
specified by the Contracting Officer, with supporting attachments
prepared in accordance with the format specified by the Contracting
Officer.

\(2\) As soon as practicable after agreement on price, but before award
(except for unpriced actions), the Contractor shall submit a Certificate
of Current Cost or Pricing Data.

*(End of Clause)*

\*Insert dollar amount for sampling.

3.2.2.3-40 Precontract Costs

PRECONTRACT COSTS (APRIL 1996)

Precontract costs are those costs incurred before the effective date of
the contract pursuant to a negotiated agreement made in anticipation of
the contract award when (1) the incurrence of such costs is necessary to
comply with the proposed contract delivery schedule, (2) the delivery
schedule is non-negotiable, (3) the cost would be allowable if incurred
after the date of the contract, and if prior to the incurrence of such
costs, the contracting officer has expressly authorized payment in
writing. Such cost are not allowable if the contract is not awarded the
contract.

*(End of Clause)*

3.2.2.3-41 Performance of Work by the Contractor

PERFORMANCE OF WORK BY THE CONTRACTOR (April 1996)

The Contractor shall perform on the site, and with its own organization,
work equivalent to at least \_\_\_\_\_ percent \[insert percentage\] of
the total amount of work to be performed under the contract. This
percentage may be reduced by a supplemental agreement to this contract
if, during performing the work, the Contractor requests a reduction and
the Contracting Officer determines that the reduction would be to the
advantage of the Government.

*(End of Clause)*

3.2.2.3-42 Differing Site Conditions

DIFFERING SITE CONDITIONS (April 1996)

\(a\) The Contractor shall promptly, and before the conditions are
disturbed, give a written notice to the Contractor Officer of (1)
subsurface or latent physical conditions at the site which differ
materially from those indicated in this contract, or (2) unknown
physical conditions at the site, of an unusual nature, which differ
materially from those ordinarily encountered and generally recognized as
inherent to the type of work provided for in the contract.

\(b\) FAA shall investigate the site conditions promptly after receiving
the notice. If the Contracting Officer determines that the conditions do
materially so differ and cause an increase or decrease in the
Contractor's cost of, or the time required for, performing any part of
the work under this contract, whether or not changed as a result of the
conditions, an equitable adjustment shall be made under this clause and
the contract modified in writing accordingly.

\(c\) No request by the Contractor for an equitable adjustment to the
contract under this clause shall be allowed, unless the Contractor has
given the written notice required; provided, that the time prescribed in
(a) above for giving written notice may be extended by the Contracting
Officer.

\(d\) No request by the Contractor for an equitable adjustment to the
contract for differing site conditions shall be allowed if made after
final payment under this contract.

*(End of Clause)*

3.2.2.3-43 Site Investigation and Conditions Affecting the Work

SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (April 1996)

\(a\) The Contractor acknowledges that it has taken steps reasonably
necessary to ascertain the nature and location of the work, and that it
has investigated and satisfied itself as to the general and local
conditions which can affect the work or its cost, including but not
limited to: (1) conditions bearing upon transportation, disposal,
handling, and storage of materials; (2) the availability of labor,
water, electric power, and roads; (3) uncertainties of weather, river
stages, tides, or similar physical conditions at the site; (4) the
conformation and conditions of the ground; and (5) the character of
equipment and facilities needed preliminary to and during work
performance. The Contractor also acknowledges that it has satisfied
itself as to the character, quality, and quantity of surface and
subsurface materials or obstacles to be encountered insofar as this
information is reasonably ascertainable from an inspection of the site,
including all exploratory work done by FAA, as well as from the drawings
and specifications made a part of this contract. Any failure of the
Contractor to take the actions described and acknowledged in this
paragraph will not relieve the Contractor from responsibility for
properly estimating the difficulty and cost of successfully performing
the work, or for proceeding to successfully perform the work without
additional expense to FAA.

\(b\) FAA assumes no responsibility for any conclusions or
interpretations made by the Contractor based on the information made
available by FAA. Nor does FAA assume responsibility for any
understanding reached or representation made concerning conditions which
can affect the work by any of its officers or agents before the
execution of this contract, unless that understanding or representation
is expressly stated in this contract.

*(End of Clause)*

3.2.2.3-44 Physical Data

PHYSICAL DATA (April 1996)

Data and information furnished or referred to below is for the
Contractor's information. FAA shall not be responsible for any
interpretation of or conclusion drawn from the data or information made
available to the Contractor. Further, FAA specifically does not warrant
construction methodology which may be included in such documents.

\(a\) The indications of physical conditions on the drawings and in the
specifications are the result of site investigations by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\[insert a description of
investigation methods used, such as surveys, auger borings, core
borings, test pits, probings, test tunnels\].

\(b\) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[insert other
pertinent information such as weather and transportation\].

*(End of Clause)*

3.2.2.3-45 Material and Workmanship

MATERIAL AND WORKMANSHIP (April 1996)

\(a\) All equipment, material, and articles incorporated into the work
covered by this contract shall be new and of the most suitable grade for
the purpose intended, unless otherwise specifically provided in this
contract. Use of recycled materials for the manufacture of such products
is encouraged. Equipment, material, or articles specified by trade name,
make, or catalog number, shall be provided. Equivalent items are not
acceptable unless specifically authorized in the specification.

\(b\) All work under this contract shall be performed in a skillful and
workmanlike manner. The Contracting Officer may require, in writing,
that the Contractor remove from the work any employee the Contracting
Officer deems incompetent, careless, or otherwise objectionable.

*(End of Clause)*

3.2.2.3-46 Superintendence by the Contractor

SUPERINTENDENCE BY THE CONTRACTOR (April 1996)

At all times during performance of this contract, and until the work is
completed and accepted, the Contractor shall directly superintend the
work or assign and have on the worksite a competent superintendent who
is satisfactory to the Contracting Officer and has authority to act for
the Contractor.

*(End of Clause)*

3.2.2.3-47 Permits and Responsibilities

PERMITS AND RESPONSIBILITIES (April 1996)

The Contractor shall, without additional expense to FAA, be responsible
for obtaining any necessary licenses and permits, and for complying with
any Federal, state, and municipal laws, codes, and regulations
applicable to the performance of the work. The Contractor shall also be
responsible for all damages to persons or property that occur as a
result of the Contractor's fault or negligence, and shall take proper
safety and health precautions to protect the work, the workers, the
public, and the property of others. The Contractor shall also be
responsible for all materials delivered and work performed until
completion and acceptance of the entire work, except for any completed
unit of work which may have been accepted under the contract.

*(End of Clause)*

3.2.2.3-48 Other Contracts

OTHER CONTRACTS (April 1996)

FAA may undertake or award other contracts for additional work, or may
utilize in‑house construction forces, at or near the site of the work.
The Contractor shall fully cooperate with such other contractors and FAA
employees, and carefully adapt scheduling and performance of the work
under this contract to accommodate simultaneous performance, heeding any
direction that may be provided by the Contracting Officer. The
Contractor shall not commit or permit any act which will interfere with
the performance of work by any other contractors or by FAA employees.

*(End of Clause)*

3.2.2.3-49 Protection of Existing Vegetation, Structures, Equipment,
Utilities, and Improvements

PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (April 1996)

\(a\) The Contractor shall preserve and protect all structures,
equipment, and vegetation (such as trees, shrubs, and grass) on or
adjacent to the work site, which are not to be removed and which do not
unreasonably interfere with the work required under this contract. The
Contractor shall only remove trees when specifically authorized to do
so, and shall avoid damaging vegetation that will remain in place. If
any limbs or branches of trees are broken during contract performance,
or by the careless operation of equipment, or by workmen, the Contractor
shall trim those limbs or branches with a clean cut and paint the cut
with a tree‑pruning compound as directed by the Contracting Officer.

\(b\) The Contractor shall protect from damage all existing improvements
and utilities (1) at or near the work site and (2) on adjacent property
of a third party, the locations of which are made known to or should be
known by the Contractor. The Contractor shall repair any damage to those
facilities, including those that are the property of a third party,
resulting from failure to comply with the requirements of this contract
or failure to exercise reasonable care in performing the work. If the
Contractor fails or refuses to repair the damage promptly, the
Contracting Officer may have the necessary work performed and charge the
cost to the Contractor.

*(End of Clause)*

3.2.2.3-50 Property Protection

PROPERTY PROTECTION (April 1996)

\(a\) The Contractor shall construct and maintain such temporary fences,
gates and other facilities as shall be necessary for preservation of
crops, control of livestock, and protection of property. Before cutting
a fence, the Contractor shall take necessary precautions to prevent the
straying of livestock and may prevent the loss of tension in or damage
to adjacent portions of the fence. The Contractor shall immediately
replace all fencing and gates that it cuts, removes, damages, or
destroys with new materials to the original standard, with the exception
that undamaged gates shall be reused.

\(b\) The Contractor shall comply with the request of the property owner
relative to leaving gates open or closed.

\(c\) The Contractor shall use all necessary precautions to avoid the
destruction of surveying markers such as section corners, witness trees,
property corners, mining claim markers, bench markers, triangulation
stations, and the like. If any such marker must be destroyed, the
Contractor shall first notify the agency responsible for the marker, as
well as the COTR, and assume all responsibility for replacing markers.

\(d\) The Contractor shall use care to prevent unnecessary damage caused
by performance of its work to property in or near the work area.
Unnecessary damage is that which can be avoided through efficient and
careful performance of the work in a careful manner, taking into account
the land rights which have been secured. If the Contractor damages any
property, the contractor shall at once notify the owner or custodian and
may make or arrange to make prompt and full restitution.

\(e\) Maps and specifications provided by FAA may not give the location
of all water supply, drainage, irrigation, and other underground
facilities. Prior to entering a tract of land for contract purposes, the
Contractor shall ascertain from the property owner or other reasonably
available source the location of any irrigation system, domestic water
system, source of water, and drainage system existing on the property,
whether serving that property or other property. The Contractor shall
avoid damaging or obstructing these facilities or polluting water
supplies.

\(f\) The Contractor shall hold FAA harmless from any and all suits,
actions, and claims for damages, including environmental impairment, to
property arising from any act or omission of the contractor, its
subcontractors, or any employee of the Contractor or subcontractors, in
any way related to the work or operations under this contract.

\(g\) The Contractor shall indemnify and hold harmless the property
owners or parties lawfully in possession against all claims or
liabilities asserted by third parties, including all governmental
agencies, resulting directly or indirectly from the Contractor's
wrongful or negligent acts or omissions.

*(End of Clause)*

ALTERNATE I (April 1996)

\(h\) The management and disposal of hazardous wastes and materials
exposes the contractor and FAA to short- and long-term liabilities. In
order to reduce these potential liabilities it is critical that the
contractor be fully aware of the hazards and regulatory requirements
associated with the hazardous materials involved in this project. Only
qualified personnel shall be used in their handling and transportation.

\(i\) Before commencing work, the Contractor shall:

\(1\) Perform an environmental assessment of the work required under the
contract identifying tasks which involve the use, handling or
transportation of hazardous materials or wastes. The following items of
work are known to involve such substances:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\[Contracting Officer to list\]

\(2\) Submit an environmental plan identifying and dealing with each
specific task involving the wastes. The plan must be specific enough to
demonstrate a thorough understanding of the environmental risks and the
appropriate methodology for dealing with them. The plan shall also list
the required permits and reference the relevant regulations which govern
the activities involved in dealing with the materials or wastes.

\(3\) Meet with representatives of the Contracting Officer during the
preconstruction conference to discuss and to develop a mutual
understanding on implementation of the plan.

\(4\) The Contracting Officer, or her or his representatives may require
other tasks to be added to the plan. If planned methodologies for
dealing with the risks are deemed insufficient, the Contracting Officer,
or a designated representative, may require revision. Work involving
hazardous materials or wastes shall not commence until adequate plans
have been submitted and reviewed. FAA's review of the Contractor's plan
shall in no way relieve the Contractor of its liability for
environmental law and regulatory compliance.

*(End of Clause)*

3.2.2.3-51 Operations and Storage Areas

OPERATIONS AND STORAGE AREAS (April 1996)

\(a\) The Contractor shall confine all operations (including storage of
materials) on FAA premises to areas authorized or approved by the
Contracting Officers Technical Representative (COTR).

\(b\) Temporary buildings (e.g., storage sheds, shops, offices) and
utilities may be erected by the Contractor only with the approval of the
Contracting Officer, and shall be built with labor and materials
furnished by the Contractor without expense to FAA. The temporary
buildings and utilities shall remain the property of the Contractor and
shall be removed by the Contractor at its expense upon completion of the
work. With the written consent of the Contracting Officer, the buildings
and utilities may be abandoned and need not be removed.

\(c\) The Contractor shall use only established roadways, or when
authorized by the Contracting Officer temporary roadways may be
constructed by the Contractor at the Contractor expense. When materials
are transported in prosecuting the work, vehicles shall not be loaded
beyond the loading capacity of the vehicle or as prescribed by any laws
or regulation. When it becomes necessary to cross curbs or sidewalks,
the Contractor shall protect them from damage; and shall repair or pay
for the repair of any damaged curbs, sidewalks, or roads.

*(End of Clause)*

3.2.2.3-52 Use and Possession Prior to Completion

USE AND POSSESSION PRIOR TO COMPLETION (April 1996)

\(a\) FAA shall have the right to take possession of or use any
completed or partially completed part of the work. Before taking
possession of or using any work, the Contracting Officer shall furnish
the Contractor a list of items of work remaining to be performed or
corrected on those portions of the work that FAA intends to take
possession of or use. However, failure of the Contracting Officer to
list any item of work shall not relieve the Contractor of responsibility
for complying with the terms of the contract. FAA's possession or use
shall not be deemed an acceptance of any work under the contract.

\(b\) While FAA has such possession or use, the Contractor shall be
relieved of the responsibility for the loss or damage to the work
resulting from FAA's possession or use, notwithstanding the terms of the
clause in this contract entitled "Permits and Responsibilities". If
prior possession or use by FAA delays the progress of the work or causes
additional expense to the Contractor, an equitable adjustment will be
made in the contract price or the time of completion and the contract
will be modified in writing accordingly.

*(End of Clause)*

3.2.2.3-53 Cleaning Up and Roadway Maintenance

CLEANING UP AND ROADWAY MAINTENANCE (April 1996)

\(a\) The Contractor shall at all times keep the work area, including
storage areas, free from accumulations of waste materials. Before
completing the work, the Contractor shall remove from the work and
premises any rubbish, tools, scaffolding, equipment, and materials that
are not the property of FAA. Upon completing the work, the Contractor
shall leave the work area in a clean, neat, and orderly condition
satisfactory to the Contracting Officer.

\(b\) Unless specifically set forth in the contract, the Contractor
shall not burn any material on site, on the right-of-ways or on the
access roads to the sites. All material and debris shall be hauled to an
appropriate disposal site.

\(c\) The Contractor shall maintain all roads used by it, and upon
completion of the job shall leave them in as good a condition as when
first used. A road grading machine ‑ not a bulldozer ‑ shall be used for
maintenance and final grading. In no event shall the Contractor
interfere with the property owner's use of roads existing prior to the
Contractor's entry.

*(End of Clause)*

3.2.2.3-54 Accident Prevention

ACCIDENT PREVENTION (April 1996)

\(a\) The Contractor shall provide and maintain work environments and
procedures which will (1) safeguard the public and Government personnel,
property, materials, supplies, and equipment exposed to Contractor
operations and activities; (2) avoid interruptions of Government
operations and delays in project completion dates; and (3) control costs
in the performance of this contract.

\(b\) For these purposes on contracts for construction or dismantling,
demolition, or removal of improvements, the Contractor shall‑‑

\(1\) Provide appropriate safety barricades, signs, and signal lights;

\(2\) Comply with the standards issued by the Secretary of Labor at 29
CFR Part 1926 and 29 CFR Part 1910; and

\(3\) Ensure that any additional measures the Contracting Officer
determines to be reasonably necessary for the purposes are taken.

\(c\) If this contract is for construction or dismantling, demolition or
removal of improvements with any Department of Defense agency or
component, the Contractor shall comply with all pertinent provisions of
the latest version of U.S. Army Corps of Engineers Safety and Health
Requirements Manual, EM 385‑1‑1, in effect on the date of the
solicitation.

\(d\) Whenever the Contracting Officer becomes aware on any
noncompliance with these requirements or any condition which poses a
serious or imminent danger to the health or safety of the public or
Government personnel, the Contracting Officer shall notify the
Contractor orally, with written confirmation, and request immediate
initiation of corrective action. This notice, when delivered to the
Contractor or the Contractor\'s representative at the work site, shall
be deemed sufficient notice of the noncompliance and that corrective
action is required. After receiving the notice, the Contractor shall
immediately take corrective action. If the Contractor fails or refuses
to promptly take corrective action, the Contracting Officer may issue an
order stopping all or part of the work until satisfactory corrective
action has been taken. The Contractor shall not be entitled to any
equitable adjustment of the contract price or extension of the
performance schedule on any stop work order issued under this clause.

\(e\) The Contractor shall insert this clause, including this paragraph
(e), with appropriate changes in the designation of the parties, in
subcontracts.

*(End of Clause)*

3.2.2.3-55 Availability and Use of Utility Services

AVAILABILITY AND USE OF UTILITY SERVICES (April 1996)

\(a\) FAA shall make all reasonable required amounts of utilities
available to the Contractor from existing outlets and supplies, as
specified in the contract. Unless otherwise provided in the contract,
the amount of each utility service consumed shall be charged to or paid
for by the Contractor at prevailing rates charged to the FAA, or at
reasonable rates determined by the Contracting Officer. The Contractor
shall carefully conserve any utilities furnished without charge.

\(b\) The Contractor, at its expense and in a workmanlike manner
satisfactory to the FAA, shall install and maintain all necessary
temporary connections and distribution lines, and all meters required to
measure the amount of each utility used. Prior to final acceptance of
the work by FAA, the Contractor shall remove all the temporary
connections, distribution lines, meters, and associated paraphernalia.

*(End of Clause)*

3.2.2.3-56 Schedules for Construction Contracts

SCHEDULES FOR CONSTRUCTION CONTRACTS (April 1996)

\(a\) The Contractor shall, within five days after the work commences on
the contract or another period of time determined by the Contracting
Officer, prepare and submit to the Contracting Officer for approval
three copies of a practicable schedule showing the order in which the
Contractor proposes to perform the work, and the dates on which the
Contractor contemplates starting and completing the several salient
features of the work (including acquiring materials, plant, and
equipment). The schedule shall be in the form of a progress chart of
suitable scale to indicate appropriately the percentage of work
scheduled for completion during the contract period. If the Contractor
fails to submit a schedule within the time prescribed, FAA may withhold
approval of payments until the Contractor submits the required schedule.
Should the Contractor fall behind its schedule, a revised schedule shall
be forwarded with the next Contractor's request for payments. Additional
schedules shall be furnished to FAA as soon as practicable if requested
by the Contracting Officer.

\(b\) With each payment request the Contractor shall submit a copy of
the last submitted schedule annotated to indicate actual progress made
to date. If at any time, in the opinion of the Contracting Officer, the
Contractor has fallen behind the schedule to an extent which would
jeopardize timely completion, the Contractor shall take the steps
necessary to improve its progress, including those that may be required
by the Contracting Officer, to enable timely completion without
additional cost to FAA. The Contracting Officer may require the
Contractor to implement such things as increasing the number of shifts,
the amount of overtime, days of work per week, and/or the amount of
constructor plant being utilized. The Contractor shall submit any
supplementary schedules the Contracting Officer deems necessary to
demonstrate how the rate of progress necessary for timely completion
will be regained.

\(c\) Failure of the Contractor to comply with the requirements of the
Contracting Officer under this clause shall be grounds for a
determination by the Contracting Officer that the Contractor is not
prosecuting the work with sufficient diligence to ensure completion
within the time specified in the contract. Upon making this
determination, the Contracting Officer may terminate the Contractor's
right to proceed with the work, or any separable part of it, in
accordance with the default terms of this contract.

*(End of Clause)*

3.2.2.3-57 Quantity Surveys

QUANTITY SURVEYS (April 1996)

\(a\) Quantity surveys shall be conducted, and the data derived from
these surveys shall be used in computing the quantities of work
performed and the actual construction completed and in place.

\(b\) The Government shall conduct the original and final surveys and
make the computations based on them. The Contractor shall conduct the
surveys for any periods for which payments are requested and shall make
the computations based on these surveys. All surveys conducted by the
Contractor shall be conducted under the direction of a representative of
the Contracting Officer, unless the Contracting Officer waives this
requirement in a specific instance.

\(c\) Promptly upon completing a survey, the Contractor shall furnish
the originals of all field notes and all other records relating to the
survey or to the layout of the work to the Contracting Officer, who
shall use them as necessary to determine the amount of payments. The
Contractor shall retain copies of all such material furnished to the
Contracting Officer.

*(End of Clause)*

3.2.2.3-58 Layout of Work

LAYOUT OF WORK (April 1996)

The Contractor shall lay out its work from FAA‑established base lines
and bench marks indicated on the drawings, and shall be responsible for
all measurements in connection with the layout. The Contractor should
furnish, at its own expense, all stakes, templates, platforms,
equipment, tools, materials, and labor required to lay out any part of
the work. The Contractor shall be responsible for the execution of the
work to the lines and grades that may be established or indicated by the
Contracting Officer. The Contractor shall also be responsible for
maintaining and preserving all stakes and other marks established by the
Contracting Officer until authorized to remove them. If such marks are
destroyed by the Contractor or through its negligence before their
removal is authorized, the Contracting Officer may replace them and
deduct the expense of the replacement from any amounts due or to become
due to the Contractor.

*(End of Clause)*

3.2.2.3-59 Organization and Direction of the Work

ORGANIZATION AND DIRECTION OF THE WORK (April 1996)

\(a\) When this contract is executed, the Contractor shall submit to the
Contracting Officer a chart showing the general executive and
administrative organization, the personnel to be employed in connection
with the work under this contract, and their respective duties. The
Contractor shall keep the data furnished current by supplementing it as
additional information becomes available.

\(b\) Work performance under this contract shall be under the full‑time
resident direction of: (1) the Contractor, if the Contractor is an
individual; (2) one or more principal partners, if the Contractor is a
partnership; or (3) one or more senior officers, if Contractor is a
corporation, association, or similar legal entity. However, if the
Contracting Officer approves, the Contractor may be represented in the
direction of the work by a specific person or persons holding positions
other than those identified in this paragraph.

*(End of Clause)*

3.2.2.3-60 Specifications, Drawings and Material Submittals

SPECIFICATIONS, DRAWINGS AND MATERIAL SUBMITTALS (April 1996)

\(a\) Anything mentioned in the specifications and not shown on the
drawings, or shown on the drawings and not mentioned in the
specifications, shall be of like effect as if shown or mentioned in
both. In case of difference between drawings and specifications, the
specifications shall govern. In case of discrepancy in the figures, in
the drawings, or in the specifications, the matter shall be promptly
submitted to the Contracting Officer, who shall promptly make a
determination in writing. Any adjustment by the Contractor without such
a determination shall be at its own risk and expense. The Contracting
Officer shall furnish from time to time such detailed drawings and other
information as considered necessary, unless otherwise provided.

\(b\) Wherever in the specifications or upon the drawings the words
"directed, "required, "ordered, "designated, "prescribed, or words of
like import are used, it shall be understood that the "direction,
"requirement, "order", "designation, or "prescription", of the
Contracting Officer is intended, and similarly the words "approved",
"acceptable", "satisfactory", or words of like import shall mean
"approved by", or "acceptable to", or "satisfactory to" the Contracting
Officer, unless otherwise expressly stated. A complete set of plans and
specification must be on site and available for FAA use as required.

\(c\) Where "as shown, "as indicated, "as detailed., or words of similar
import are used, it shall be understood that the reference is made to
the drawings accompanying this contract, unless stated otherwise. The
word "provided" as used herein shall be understood to mean "provide
complete in place", that is "furnished and installed".

\(d\) Omissions from the drawings and specifications or the
misdescription of details of work which are manifestly necessary to
carry out the intent of the drawings and specifications, or which are
customarily performed, shall not relieve the Contractor from performing
such omitted or misdescribed details of the work. They shall be
performed as if fully and correctly set forth and described in the
drawings and specifications.

\(e\) The Contractor shall check all drawings furnished by FAA prior to
starting work and shall promptly notify the Contracting Officer of any
discrepancies. Figures marked on drawings shall in general be followed
in preference to scale measurements. Large scale drawings shall in
general govern small scale drawings. The Contractor shall compare all
drawings and verify the figures before laying out the work, and will be
responsible for any errors which might have been avoided thereby.

\(f\) Shop drawings means drawings, submitted to FAA by the Contractor,
Subcontractor, or any lower tier subcontractor pursuant to a
construction contract, showing in detail (1) the proposed fabrication
and assembly of structural elements and (2) the installation (i.e.,
form, fit, and attachment details) of materials or equipment It includes
drawings, diagrams, layouts, schematics, descriptive literature;
illustrations, schedules, performance and test data, and similar
materials furnished by the Contractor to explain in detail specific
portions of the work required by the contract. FAA may duplicate, use,
and disclose in any manner and for any purpose shop drawings delivered
under this contract.

\(g\) If this contract requires material submittals (e.g., shop
drawings, catalog cuts, certificates of conformance, etc.), the
Contractor shall coordinate all such submittals, and review them for
accuracy, completeness, and compliance with contract requirements and
shall indicate its approval thereon as evidence of such coordination and
review. Submittals sent to FAA without evidence of the Contractor's
approval may be returned for resubmission. The Contracting Officer's
representative will indicate an approval or disapproval of the
submittal, and if not approved as submitted, shall indicate FAA's
reasons therefor. Any work done before such approval shall be at the
Contractor's risk. Approval by the Contracting Officer, by or his or her
representative, shall not relieve the Contractor from responsibility for
any errors or omissions in such submittals, nor from responsibility for
complying with the requirements of this contract, except with respect to
variations described and approved in accordance with (h) below.

\(h\) If submittals show variations from the contract requirements, the
Contractor shall describe such variations in writing, separate from the
submittal, at the time of submission. The variation description, a copy
of the respective submittal and a proposal for its incorporation into
the contract shall be sent directly to the Contracting Officer. If the
Contracting Officer approves any such variation, the Contracting Officer
shall issue an appropriate contract modification, except that, if the
variation is minor or does not involve a change in price or in time of
performance, a modification need not be issued.

\(i\) The Contractor shall submit to the Contracting Officer for
approval 4 copies (unless otherwise indicated) of all shop drawings as
called for under the various headings of these specifications. Three
sets (unless otherwise indicated) of all submittals, will be retained by
the Contracting Officer and one set will be returned to the Contractor.

NOTE: This clause shall be included in all subcontracts at any tier.

*(End of Clause)*

ALTERNATE I (April 1996)

Upon completing the work under this contract, the Contractor shall
furnish \_\_\_\_\_\_\_\_\_\_ \[insert number\] complete reproducible set
of all shop drawings as finally approved. These drawings shall show all
changes and revisions made up to the time the work is completed and
accepted.

*(End of Clause)*

ALTERNATE II (April 1996)

Upon completing the work under this contract, the Contractor shall
furnish sets of prints of all shop drawings as finally approved. These
drawings shall show changes and revisions made up to the time the work
is completed and accepted.

*(End of Clause)*

3.2.2.3-61 Responsibility of the Architect-Engineer Contractor

RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTOR (April 1996)

\(a\) The contractor shall be responsible for the professional quality,
technical accuracy, and the coordination of all designs, drawings,
specifications, and other services furnished by the Contractor under
this contract. The Contractor shall, without additional compensation,
correct or revise any errors or deficiencies in its designs, drawings,
specifications, and other services.

\(b\) Neither the FAA's review, approval or acceptance of, nor payment
for, the services required under this contract shall be construed to
operate as a waiver of any rights under this contract or of any cause of
action arising out of the performance of this contract, and the
Contractor shall be and remain liable to the government in accordance
with applicable law for all damages to the Government caused by the
Contractor's negligent performance of any of the services furnished
under this contract.

\(c\) The rights and remedies of the FAA provides for under this
contract are in addition to any other rights and remedies provided by
law.

\(d\) If the contractor is comprised of more than one legal entity, each
such entity shall be jointly and severally liable hereunder.

*(End of Clause)*

3.2.2.3-62 Preconstruction Conference

PRECONSTRUCTION CONFERENCE (April 1996)

The successful offeror will be required to attend a pre‑construction
conference at a site designated by the Contracting Officer prior to
commencement of the work.

*(End of Clause)*

3.2.2.3-63 Site Visit (Construction)

SITE VISIT (CONSTRUCTION) (April 1996)

\(a\) The clauses titled Differing Site Conditions, and Site
Investigations and Conditions Affecting the Work, will be included in
any contract awarded as a result of this screening information request.
Accordingly, offerors are urged and expected to inspect the site where
the work will be performed.

\(b\) Site visits may be arranged during normal duty hours by
contacting:

Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Telephone:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*(End of Clause)*

3.2.2.3-64 Dismantling and Demolition of Property

DISMANTLING AND DEMOLITION OF PROPERTY (April 1996)

The Contractor shall receive title to all property to be dismantled or
demolished that is not specifically designated in the contract as being
retained by FAA. The title shall vest in the Contractor immediately upon
FAA's issuing the notice of award, or if a performance bond is to be
furnished after award, upon FAA's issuance of a notice to proceed with
the work. FAA shall not be responsible for the condition of, or any loss
or damage to, the property.

*(End of Clause)*

3.2.2.3-65 Use of Explosives

USE OF EXPLOSIVES (April 1996)

\(a\) Precautions:

(1 ) The Contractor shall use the utmost care to prevent danger to life
and to prevent damage to property beyond the blast area. Failure to
observe necessary precautions shall be grounds for suspending the work.
The Contractor shall take necessary measures such as blasting mats to
prevent rocks and debris from being thrown onto cultivated pasture
lands, recreational areas, and other sensitive areas.

\(2\) The use of electric blasting caps is prohibited near energized
power lines. Individual charges shall be detonated by means of approved
detonating safety fuse cords.

\(3\) All exploders, fuses, and explosives shall be transported, stored,
and used in compliance with applicable laws and regulations, including
those prescribed by local agencies.

(b)Warning Lights: The Contractor shall furnish and use a flashing high
intensity warning light at each blasting site. The light shall be placed
where it will be visible from low flying aircraft in all directions. The
light shall be fumed on about 5 minutes before, and remain on during the
blasting. Each light shall be enclosed in a red lens, produce one
million candle power, be visible vertically and horizontally, and flash
at about 80, but not more than 130 times a minute.

(c)Fire Danger. The following shall apply to blasting when a danger of
fire is present

\(1\) The use of fuse and caps is prohibited.

\(2\) The Contracting Officer may stop blasting during periods of high
fire danger.

\(3\) When the relative humidity is below 50 percent, a watchman shall
remain at each blasting site for at least one hour after blushing.

*(End of Clause)*

3.2.2.3-66 Contractor's Daily Log

CONTRACTOR'S DAILY LOG (April 1996)

The Contractor is required to submit a "Daily Log". The forms shall be
completed daily and delivered to the designated FAA Contracting
Officer's Technical Representative. Information to be reported on the
forms includes, but is not limited to, workers by classification, the
move‑on and move‑off of construction equipment, materials and equipment
delivered to the site, inspections and tests performed, and total
cumulative hours worked.

*(End of Clause)*

3.2.2.3-67 Special Precautions for Work at Operating Airports

SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (April 1996)

\(a\) When work is to be performed at an operating airport, the
Contractor must arrange its work schedule so as not to interfere with
flight operations. Such operations will take precedence over
construction convenience. Any operations of the Contractor which would
otherwise interfere with or endanger the operations of aircraft shall be
performed only at times and in the manner directed by the Contracting
Officer. The Government will make every effort to reduce the disruption
of the Contractor\'s operation.

\(b\) Unless otherwise specified by local regulations, all areas in
which construction operations are underway shall be marked by yellow
flags during daylight hours and by red lights at other times. The red
lights along the edge of the construction areas within the existing
aprons shall be the electric type of not less than 100 watts intensity
placed and supported as required. All other construction markings on
roads and adjacent parking lots may be either electric or battery type
lights. These lights and flags shall be placed so as to outline the
construction areas and the distance between any two flags or lights
shall not be greater than 25 feet. The Contractor shall provide adequate
watch to maintain the lights in working condition at all times other
than daylight hours. The hour of beginning and the hour of ending of
daylight will be determined by the Contracting Officer.

\(c\) All equipment and material in the construction areas or when moved
outside the construction area shall be marked with airport safety flags
during the day and when directed by the Contracting Officer, with red
obstruction lights at nights. All equipment operating on the apron,
taxiway, runway, and intermediate areas after darkness hours shall have
clearance lights in conformance with instructions from the Contracting
Officer. No construction equipment shall operate within 50 feet of
aircraft undergoing fuel operations. Open flames are not allowed on the
ramp except at times authorized by the Contracting Officer.

\(d\) Trucks and other motorized equipment entering the airport or
construction area shall do so only over routes determined by the
Contracting Officer. Use of runways, aprons, taxiways, or parking areas
as truck or equipment routes will not be permitted unless specifically
authorized for such use. Flag personnel shall be furnished by the
Contractor at points on apron and taxiway for safe guidance of its
equipment over these areas to assure right of way to aircraft. Areas and
routes used during the contract must be returned to their original
condition by the Contractor. The maximum speed allowed at the airport
shall be established by airport management. Vehicles shall be operated
so as to be under safe control at all times, weather and traffic
conditions considered. Vehicles must be equipped with head and tail
lights during the hours of darkness.

*(End of Clause)*

3.2.2.3-68 Safety and Health

SAFETY AND HEALTH (April 1996)

\(a\) The Contractor shall assure that no person employed on this
contract works in surroundings or under conditions that are unsanitary,
hazardous, or dangerous to their health or safety. In fulfilling these
requirements, the Contractor shall comply with:

\(1\) Department of Labor Safety and Health Standards for Construction
under Section 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327 et seq.).

\(2\) Occupational Safety and Health Act of 1970, (Public Law 91-598)
and applicable rules and regulations as may have been delegated to the
States.

\(3\) Supplemental FAA safety and health requirements stated below or
elsewhere in the contract.

\(b\) If there are conflicts between any of the requirements referenced
in this contract, the more stringent requirement will prevail.

\(c\) If the Contractor fails or refuses to promptly comply with any
safety or health requirement, the Contracting Officer's Technical
Representative (COTR) will notify the Contractor of any noncompliance
and the Contractor shall take immediate corrective action. Such notice,
whether oral or written, when served on the Contractor or any of its
employees at the site of the work, shall be deemed sufficient. If the
Contractor fails or refuses to promptly correct the condition, the COTR
may stop all or any portion of the work. When satisfactory corrective
action has been taken, the contractor shall request permission to resume
work from the COTR. No time extension or additional costs, resulting
from the directive to stop work shall be allowed. Failure of the COTR to
provide notice of noncompliance or to stop work shall not relieve the
Contractor of its responsibility for the safe performance of the work.

\(d\) The Contractor shall furnish hard hats and other required safety
equipment, except that which has been specified to be furnished by FAA.
Hard hats meeting the requirements of Occupational Safety and Health
Administration (OSHA) shall be worn by all persons on all construction
projects unless a more serious hazardous condition is created by such
use.

*(End of Clause)*

ALTERNATE I (April 1996)

\(a\) Before commencing work, the Contractor shall:

\(1\) Perform a hazards analysis of the work specified by this contract.
Site and adjacent conditions shall be considered. All significant
hazards shall be identified. Some of the hazards foreseen are identified
as \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[Contracting Officer to list\]

\(2\) Submit a safety plan for dealing with each specific hazard
identified, whether identified by FAA or the Contractor.

\(3\) Meet with representatives of the Contracting Officer during the
preconstruction conference to discuss and to develop a mutual
understanding relative to the content and implementation of the plan.

\(4\) The Contracting Officer, or her or his representatives, may
require other hazards to be added to the plan. If planned hazard
avoidance measures are deemed insufficient, the Contracting Officer, or
a designated representative, may require revision. Work involving
identified hazards shall not commence unless adequate plans have been
submitted and reviewed. FAA's review of the Contractor's plans shall in
no way relieve the Contractor of the latter's liability for safe
performance.

*(End of Clause)*

3.2.2.3-69 Subcontracts (Construction)

SUBCONTRACTS - CONSTRUCTION (April 1996)

The Contractor shall not subcontract any work without prior approval of
the Contracting Officer, except work specifically agreed upon at the
time of award. FAA reserves the right to approve specific subcontractors
for work considered to be particularly sensitive. Consent to subcontract
any portion of the contract shall not relieve the contractor of any
responsibility under the contract.

*(End of Clause)*

ALTERNATE I (April 1996)

(b)(1) If the subcontract is for the management or handling of hazardous
or toxic wastes, before work shall begin, FAA must receive:

\(A\) A copy of EPA Notification of Hazardous Waste Activity (EPA form
8700-12) or equivalent) and

\(B\) Acknowledgment of the notification filing (EPA form 8700-12A or
equivalent).

\(2\) If the subcontract involves management of PCBs before work shall
begin, FAA must receive:

\(A\) A copy of EPA Notification of PCB Activity (EPA form 7710-53 or
equivalent), and

\(B\) Acknowledgment of the filing (a letter from EPA). The
acknowledgment from EPA will include the EPA identification number
assigned.

*(End of Clause)*

3.2.2.3-70 Taxpayer Identification.

TAXPAYER IDENTIFICATION (April 1996)

\(a\) Definitions.

\(1\) "Common parent," as used herein, means that corporate entity that
owns or controls an affiliated group of corporations that files its
Federal income tax returns on a consolidated basis, and of which the
offeror is a member.

\(2\) "Corporate status," as used herein, means a designation as to
whether the offeror is a corporate entity, an unincorporated entity
(e.g., sole proprietorship or partnership), or a corporation providing
medical and health care services.

\(3\) "Taxpayer Identification Number (TIN)," as used herein, means the
number required by the IRS to be used by the offeror in reporting income
tax and other returns.

\(b\) All offerors are required to submit the information required in
paragraphs (c) through (e) of this provision in order to comply with
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and
implementing regulations issued by the Internal Revenue Service (IRS).
If the resulting contract is subject to the reporting requirements, the
failure or refusal by the offeror to furnish the information may result
in a 31 percent reduction of payments otherwise due under the contract.

\(c\) Taxpayer Identification Number (TIN).

\[ \] TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[ \] TIN has been applied for.

\[ \] TIN is not required because:

\[ \] Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not leave income effectively connected with the
conduct of a trade or business in the U.S. and does not have all office
or place of business or a fiscal paying agent in the U.S.;

\[ \] Offeror is an agency or instrumentality of a foreign government;

\[ \] Offeror is an agency or instrumentality of a Federal, state, or
local government;

\[ \] Other State basis.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(d\) Corporate Status.

\[ \] Corporation providing medical and health care services, or engaged
in the billing and collecting of payments for such services;

\[ \] Other corporate entity

\[ \] Not a corporate entity

\[ \] Sole proprietorship

\[ \] Partnership

\[ \] Hospital or extended care facility described in 26 CFR 501(c)(3)
that is exempt from taxation under 26 CFR 501(a).

\(e\) Common Parent.

\[ \] Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this clause.

\[ \] Name and TIN of common patent:

Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TIN
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*(End of Provision)*

**3.2.2.7 CONTRACTOR QUALIFICATIONS**

3.2.2.7-1 Qualification Requirements

QUALIFICATION REQUIREMENTS (APRIL 1996)

\(a\) Definition: \'Qualification requirement,\' as used in this clause,
means a Government requirement for testing or other quality assurance
demonstration that must be completed before award.

\(b\) One or more qualification requirements apply to the supplies or
services covered by this contract. For those supplies or services
requiring qualification, whether the covered product or service is an
end item under this contract or simply a component of an end item, the
product, manufacturer, or source must have demonstrated that it meets
the standards prescribed for qualification before award of this
contract. The product, manufacturer, or source must be qualified at the
time of award whether or not the name of the product, manufacturer, or
source is actually included on a qualified products list, qualified
manufacturers list, or qualified bidders list. Offerors should contact
the agency activity designated below to obtain all requirements that
they or their products or services, or their subcontractors or their
products or services, must satisfy to become qualified and to arrange
for an opportunity to demonstrate their abilities to meet the standards
specified for qualification.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Agency Name and Contact)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Address)

\(c\) If an offeror, manufacturer, source, product or service covered by
a qualification requirement has already met the standards specified, the
relevant information noted below should be provided.

  --------------------- -------------------------------------------------
  Offeror\'s Name       

  Manufacturer\'s Name  

  Source\'s Name        

  Item Name             

  Service               
  Identification        

  Test Number           

  (to the extent known) 
  --------------------- -------------------------------------------------

\(d\) Even though a product or service subject to a qualification
requirement is not itself an end item under this contract, the product,
manufacturer, or source must nevertheless be qualified at the time of
award of this contract. This is necessary whether the Contractor or a
subcontractor will ultimately provide the product or service in
question. If, after award, the Contracting Officer discovers that an
applicable qualification requirement was not in fact met at the time of
award, the Contracting Officer may either terminate this contract for
default or allow performance to continue if adequate consideration is
offered and the action is determined to be otherwise in the
Government\'s best interests.

\(e\) If an offeror, manufacturer, source, product, or service has met
the qualification requirement but is not yet on a qualified products
list or qualified vendors list, the offeror shall submit evidence of
qualification prior to award of this contract. Unless determined to be
in the Government\'s interest, award of this contract shall not be
delayed to permit an offeror to submit evidence of qualification.

\(f\) Any change in location or ownership of the plant where a
previously qualified product or service was manufactured or performed
requires reevaluation of the qualification. Similarly, any change in
location or ownership of a previously qualified manufacturer or source
requires reevaluation of the qualification. The reevaluation must be
accomplished before the date of award.

*(End of Clause)*

3.2.2.7-2 First Article Approval\--Contractor Testing

FIRST ARTICLE APPROVAL\--CONTRACTOR TESTING (APRIL 1996)

\(a\) The Contractor shall test \_\_\_\_\_\_ unit(s) of Lot/Item
\_\_\_\_\_\_ as specified in this contract. At least \...\..... calendar
days before the beginning of first article tests, the Contractor shall
notify the Contracting Officer, in writing, of the time and location of
the testing so that the Government may witness the tests.

\(b\) The Contractor shall submit the first article test report within
\_\_\_\_\_\_ calendar days from the date of this contract to
\_\_\_\_\_\_\[insert address of the Government activity to receive the
report\] marked \'FIRST ARTICLE TEST REPORT: Contract No. \_\_\_\_\_\_,
Lot/Item No. \_\_\_\_\_\_ \' Within \_\_\_\_\_\_ calendar days after the
Government receives the test report, the Contracting Officer shall
notify the Contractor, in writing, of the conditional approval,
approval, or disapproval of the first article. The notice of conditional
approval or approval shall not relieve the Contractor from complying
with all requirements of the specifications and all other terms and
conditions of this contract. A notice of conditional approval shall
state any further action required of the Contractor. A notice of
disapproval shall cite reasons for the disapproval.

\(c\) If the first article is disapproved, the Contractor, upon
Government request, shall repeat any or all first article tests. After
each request for additional tests, the Contractor shall make any
necessary changes, modifications, or repairs to the first article or
select another first article for testing. All costs related to these
tests are to be borne by the Contractor, including any and all costs for
additional tests following a disapproval. The Contractor shall then
conduct the tests and deliver another report to the Government under the
terms and conditions and within the time specified by the Government.
The Government shall take action on this report within the time
specified in paragraph (b) above. The Government reserves the right to
require an equitable adjustment of the contract price for any extension
of the delivery schedule, or for any additional costs to the Government
related to these tests.

\(d\) If the Contractor fails to deliver any first article report on
time, or the Contracting Officer disapproves any first article, the
Contractor shall be deemed to have failed to make delivery within the
meaning of the Default clause of this contract.

\(e\) Unless otherwise provided in the contract, and if the approved
first article is not consumed or destroyed in testing, the Contractor
may deliver the approved first article as part of the contract quantity
if it meets all contract requirements for acceptance.

\(f\) If the Government does not act within the time specified in
paragraph (b) or (c) above, the Contracting Officer shall, upon timely
written request from the Contractor, equitably adjust under the changes
clause of this contract the delivery or performance dates and/or the
contract price, and any other contractual term affected by the delay.

\(g\) Before first article approval, the acquisition of materials or
components for, or the commencement of production of, the balance of the
contract quantity is at the sole risk of the Contractor. Before first
article approval, the costs thereof shall not be allocable to this
contract for (1) payments, or (2) termination settlements if the
contract is terminated for the convenience of the Government.

\(h\) The Government may waive the requirement for first article
approval test where supplies identical or similar to those called for in
the schedule have been previously furnished by the offeror/contractor
and have been accepted by the Government. The offeror/contractor may
request a waiver.

*(End of Clause)*

ALTERNATE I

FIRST ARTICLE APPROVAL\--CONTRACTOR TESTING (APRIL 1996)

\(a\) The Contractor shall test \_\_\_\_\_\_ unit(s) of Lot/Item
\_\_\_\_\_\_ as specified in this contract. At least \_\_\_\_\_\_
calendar days before the beginning of first article tests, the
Contractor shall notify the Contracting Officer, in writing, of the time
and location of the testing so that the Government may witness the
tests.

\(b\) The Contractor shall submit the first article test report within
\_\_\_\_\_\_ calendar days from the date of this contract to
\_\_\_\_\_\_\[insert address of the Government activity to receive the
report\] marked \'FIRST ARTICLE TEST REPORT: Contract No. \_\_\_\_\_\_,
Lot/Item No. \_\_\_\_\_\_ \' Within \_\_\_\_\_\_ calendar days after the
Government receives the test report, the Contracting Officer shall
notify the Contractor, in writing, of the conditional approval,
approval, or disapproval of the first article. The notice of conditional
approval or approval shall not relieve the Contractor from complying
with all requirements of the specifications and all other terms and
conditions of this contract. A notice of conditional approval shall
state any further action required of the Contractor. A notice of
disapproval shall cite reasons for the disapproval.

\(c\) If the first article is disapproved, the Contractor, upon
Government request, shall repeat any or all first article tests. After
each request for additional tests, the Contractor shall make any
necessary changes, modifications, or repairs to the first article or
select another first article for testing. All costs related to these
tests are to be borne by the Contractor, including any and all costs for
additional tests following a disapproval. The Contractor shall then
conduct the tests and deliver another report to the Government under the
terms and conditions and within the time specified by the Government.
The Government shall take action on this report within the time
specified in paragraph (b) above. The Government reserves the right to
require an equitable adjustment of the contract price for any extension
of the delivery schedule, or for any additional costs to the Government
related to these tests.

\(d\) If the Contractor fails to deliver any first article report on
time, or the Contracting Officer disapproves any first article, the
Contractor shall be deemed to have failed to make delivery within the
meaning of the Default clause of this contract.

\(e\) Unless otherwise provided in the contract, and if the approved
first article is not consumed or destroyed in testing, the Contractor
may deliver the approved first article as part of the contract quantity
if it meets all contract requirements for acceptance.

\(f\) If the Government does not act within the time specified in
paragraph (b) or (c) above, the Contracting Officer shall, upon timely
written request from the Contractor, equitably adjust under the changes
clause of this contract the delivery or performance dates and/or the
contract price, and any other contractual term affected by the delay.

\(g\) Before first article approval, the acquisition of materials or
components for, or the commencement of production of, the balance of the
contract quantity is at the sole risk of the Contractor. Before first
article approval, the costs thereof shall not be allocable to this
contract for (1) payments, or (2) termination settlements if the
contract is terminated for the convenience of the Government.

\(h\) The Government may waive the requirement for first article
approval test where supplies identical or similar to those called for in
the schedule have been previously furnished by the offeror/contractor
and have been accepted by the Government. The offeror/contractor may
request a waiver.

\(i\) The Contractor shall produce both the first article and the
production quantity at the same facility and shall submit a
certification to this effect with each first article.

*(End of Clause)*

ALTERNATE II

FIRST ARTICLE APPROVAL\--CONTRACTOR TESTING (APRIL 1996)

\(a\) The Contractor shall test \_\_\_\_\_\_ unit(s) of Lot/Item
\_\_\_\_\_\_ as specified in this contract. At least \_\_\_\_\_\_
calendar days before the beginning of first article tests, the
Contractor shall notify the Contracting Officer, in writing, of the time
and location of the testing so that the Government may witness the
tests.

\(b\) The Contractor shall submit the first article test report within
\_\_\_\_\_\_ calendar days from the date of this contract to
\_\_\_\_\_\_\[insert address of the Government activity to receive the
report\] marked \'FIRST ARTICLE TEST REPORT: Contract No. \_\_\_\_\_\_,
Lot/Item No. \_\_\_\_\_\_ \' Within \_\_\_\_\_\_ calendar days after the
Government receives the test report, the Contracting Officer shall
notify the Contractor, in writing, of the conditional approval,
approval, or disapproval of the first article. The notice of conditional
approval or approval shall not relieve the Contractor from complying
with all requirements of the specifications and all other terms and
conditions of this contract. A notice of conditional approval shall
state any further action required of the Contractor. A notice of
disapproval shall cite reasons for the disapproval.

\(c\) If the first article is disapproved, the Contractor, upon
Government request, shall repeat any or all first article tests. After
each request for additional tests, the Contractor shall make any
necessary changes, modifications, or repairs to the first article or
select another first article for testing. All costs related to these
tests are to be borne by the Contractor, including any and all costs for
additional tests following a disapproval. The Contractor shall then
conduct the tests and deliver another report to the Government under the
terms and conditions and within the time specified by the Government.
The Government shall take action on this report within the time
specified in paragraph (b) above. The Government reserves the right to
require an equitable adjustment of the contract price for any extension
of the delivery schedule, or for any additional costs to the Government
related to these tests.

\(d\) If the Contractor fails to deliver any first article report on
time, or the Contracting Officer disapproves any first article, the
Contractor shall be deemed to have failed to make delivery within the
meaning of the Default clause of this contract.

\(e\) Unless otherwise provided in the contract, and if the approved
first article is not consumed or destroyed in testing, the Contractor
may deliver the approved first article as part of the contract quantity
if it meets all contract requirements for acceptance.

\(f\) If the Government does not act within the time specified in
paragraph (b) or (c) above, the Contracting Officer shall, upon timely
written request from the Contractor, equitably adjust under the changes
clause of this contract the delivery or performance dates and/or the
contract price, and any other contractual term affected by the delay.

\(g\) Before first article approval, the Contracting Officer may, by
written authorization, authorize the Contractor to acquire specific
materials or components or to commence production to the extent
essential to meet the delivery schedules. Until first article approval
is granted, only costs for the first article and costs incurred under
this authorization are allocable to this contract for (1) ) payments, or
(2) termination settlements if the contract is terminated for the
convenience of the Government. If first article tests reveal deviations
from contract requirements, the Contractor shall, at the location
designated by the Government, make the required changes or replace all
items produced under this contract at no change in the contract price.

\(h\) The Government may waive the requirement for first article
approval test where supplies identical or similar to those called for in
the schedule have been previously furnished by the offeror/contractor
and have been accepted by the Government. The offeror/contractor may
request a waiver.

*(End of Clause)*

3.2.2.7-3 First Article Approval\--Government Testing

FIRST ARTICLE APPROVAL\--GOVERNMENT TESTING (APRIL 1996)

\(a\) The Contractor shall deliver \_\_\_\_\_\_ unit(s) of Lot/Item
\_\_\_\_\_\_ within \_\_\_\_\_\_ calendar days from the date of this
contract to the Government at \_\_\_\_\_\_\[insert name and address of
the testing facility\] for first article tests. The shipping
documentation shall contain this contract number and the Lot/Item
identification. The characteristics that the first article must meet and
the testing requirements are specified elsewhere in this contract.

\(b\) Within \_\_\_\_\_\_ calendar days after the Government receives
the first article, the Contracting Officer shall notify the Contractor,
in writing, of the conditional approval, approval, or disapproval of the
first article. The notice of conditional approval or approval shall not
relieve the Contractor from complying with all requirements of the
specifications and all other terms and conditions of this contract. A
notice of conditional approval shall state any further action required
of the Contractor. A notice of disapproval shall cite reasons for the
disapproval.

\(c\) If the first article is disapproved, the Contractor, upon
Government request, shall submit an additional first article for
testing. After each request, the Contractor shall make any necessary
changes, modifications, or repairs to the first article or select
another first article for testing. All costs related to these tests are
to be borne by the Contractor, including any and all costs for
additional tests following a disapproval. The Contractor shall furnish
any additional first article to the Government under the terms and
conditions and within the time specified by the Government. The
Government shall act on this first article within the time limit
specified in paragraph (b) of this clause. The Government reserves the
right to require an equitable adjustment of the contract price for any
extension of the delivery schedule or for any additional costs to the
Government related to these tests.

\(d\) If the Contractor fails to deliver any first article on time, or
the Contracting Officer disapproves any first article, the Contractor
shall be deemed to have failed to make delivery within the meaning of
the Default clause of this contract.

\(e\) Unless otherwise provided in the contract, the Contractor\--

\(1\) May deliver the approved first article as a part of the contract
quantity, provided it meets all contract requirements for acceptance and
was not consumed or destroyed in testing; and

\(2\) Shall remove and dispose of any first article from the Government
test facility at the Contractor\'s expense.

\(f\) If the Government does not act within the time specified in
paragraphs (b) or (c) of this clause, the Contracting Officer shall,
upon timely written request from the Contractor, equitably adjust under
the Changes clause of this contract the delivery or performance dates
and/or the contract price, and any other contractual term affected by
the delay.

\(g\) The Contractor is responsible for providing operating and
maintenance instructions, spare parts support, and repair of the first
article during any first article test.

\(h\) Before first article approval, the acquisition of materials or
components for, or the commencement of production of, the balance of the
contract quantity is at the sole risk of the Contractor. Before first
article approval, the costs thereof shall not be allocable to this
contract for (1) payments, or (2) termination settlements if the
contract is terminated for the convenience of the Government.

\(i\) The Government may waive the requirement for first article
approval test where supplies identical or similar to those called for in
the schedule have been previously furnished by the Offeror/Contractor
and have been accepted by the Government. The Offeror/Contractor may
request a waiver.

*(End of Clause)*

ALTERNATE I

FIRST ARTICLE APPROVAL\--GOVERNMENT TESTING (APRIL 1996)

\(a\) The Contractor shall deliver \_\_\_\_\_\_ unit(s) of Lot/Item
\_\_\_\_\_\_ within \_\_\_\_\_\_ calendar days from the date of this
contract to the Government at \_\_\_\_\_\_\[insert name and address of
the testing facility\] for first article tests. The shipping
documentation shall contain this contract number and the Lot/Item
identification. The characteristics that the first article must meet and
the testing requirements are specified elsewhere in this contract.

\(b\) Within \_\_\_\_\_\_ calendar days after the Government receives
the first article, the Contracting Officer shall notify the Contractor,
in writing, of the conditional approval, approval, or disapproval of the
first article. The notice of conditional approval or approval shall not
relieve the Contractor from complying with all requirements of the
specifications and all other terms and conditions of this contract. A
notice of conditional approval shall state any further action required
of the Contractor. A notice of disapproval shall cite reasons for the
disapproval.

\(c\) If the first article is disapproved, the Contractor, upon
Government request, shall submit an additional first article for
testing. After each request, the Contractor shall make any necessary
changes, modifications, or repairs to the first article or select
another first article for testing. All costs related to these tests are
to be borne by the Contractor, including any and all costs for
additional tests following a disapproval. The Contractor shall furnish
any additional first article to the Government under the terms and
conditions and within the time specified by the Government. The
Government shall act on this first article within the time limit
specified in paragraph (b) of this clause. The Government reserves the
right to require an equitable adjustment of the contract price for any
extension of the delivery schedule or for any additional costs to the
Government related to these tests.

\(d\) If the Contractor fails to deliver any first article on time, or
the Contracting Officer disapproves any first article, the Contractor
shall be deemed to have failed to make delivery within the meaning of
the Default clause of this contract.

\(e\) Unless otherwise provided in the contract, the Contractor\--

\(1\) May deliver the approved first article as a part of the contract
quantity, provided it meets all contract requirements for acceptance and
was not consumed or destroyed in testing; and

\(2\) Shall remove and dispose of any first article from the Government
test facility at the Contractor\'s expense.

\(f\) If the Government does not act within the time specified in
paragraphs (b) or (c) of this clause, the Contracting Officer shall,
upon timely written request from the Contractor, equitably adjust under
the Changes clause of this contract the delivery or performance dates
and/or the contract price, and any other contractual term affected by
the delay.

\(g\) The Contractor is responsible for providing operating and
maintenance instructions, spare parts support, and repair of the first
article during any first article test.

\(h\) Before first article approval, the acquisition of materials or
components for, or the commencement of production of, the balance of the
contract quantity is at the sole risk of the Contractor. Before first
article approval, the costs thereof shall not be allocable to this
contract for (1) payments, or (2) termination settlements if the
contract is terminated for the convenience of the Government.

\(i\) The Government may waive the requirement for first article
approval test where supplies identical or similar to those called for in
the schedule have been previously furnished by the Offeror/Contractor
and have been accepted by the Government. The Offeror/Contractor may
request a waiver.

\(j\) The Contractor shall produce both the first article and the
production quantity at the same facility and shall submit a
certification to this effect with each first article.

*(End of Clause)*

ALTERNATE II

FIRST ARTICLE APPROVAL\--GOVERNMENT TESTING (APRIL 1996)

\(a\) The Contractor shall deliver \_\_\_\_\_\_ unit(s) of Lot/Item
\_\_\_\_\_\_ within \_\_\_\_\_\_ calendar days from the date of this
contract to the Government at \_\_\_\_\_\_\[insert name and address of
the testing facility\] for first article tests. The shipping
documentation shall contain this contract number and the Lot/Item
identification. The characteristics that the first article must meet and
the testing requirements are specified elsewhere in this contract.

\(b\) Within \_\_\_\_\_\_ calendar days after the Government receives
the first article, the Contracting Officer shall notify the Contractor,
in writing, of the conditional approval, approval, or disapproval of the
first article. The notice of conditional approval or approval shall not
relieve the Contractor from complying with all requirements of the
specifications and all other terms and conditions of this contract. A
notice of conditional approval shall state any further action required
of the Contractor. A notice of disapproval shall cite reasons for the
disapproval.

\(c\) If the first article is disapproved, the Contractor, upon
Government request, shall submit an additional first article for
testing. After each request, the Contractor shall make any necessary
changes, modifications, or repairs to the first article or select
another first article for testing. All costs related to these tests are
to be borne by the Contractor, including any and all costs for
additional tests following a disapproval. The Contractor shall furnish
any additional first article to the Government under the terms and
conditions and within the time specified by the Government. The
Government shall act on this first article within the time limit
specified in paragraph (b) of this clause. The Government reserves the
right to require an equitable adjustment of the contract price for any
extension of the delivery schedule or for any additional costs to the
Government related to these tests.

\(d\) If the Contractor fails to deliver any first article on time, or
the Contracting Officer disapproves any first article, the Contractor
shall be deemed to have failed to make delivery within the meaning of
the Default clause of this contract.

\(e\) Unless otherwise provided in the contract, the Contractor\--

\(1\) May deliver the approved first article as a part of the contract
quantity, provided it meets all contract requirements for acceptance and
was not consumed or destroyed in testing; and

\(2\) Shall remove and dispose of any first article from the Government
test facility at the Contractor\'s expense.

\(f\) If the Government does not act within the time specified in
paragraphs (b) or (c) of this clause, the Contracting Officer shall,
upon timely written request from the Contractor, equitably adjust under
the Changes clause of this contract the delivery or performance dates
and/or the contract price, and any other contractual term affected by
the delay.

\(g\) The Contractor is responsible for providing operating and
maintenance instructions, spare parts support, and repair of the first
article during any first article test.

\(h\) Before first article approval, the Contracting Officer may, by
written authorization, authorize the Contractor to acquire specific
materials or components or to commence production to the extent
essential to meet the delivery schedules. Until first article approval
is granted, only costs for the first article and costs incurred under
this authorization are allocable to this contract for (1) payments, or
(2) termination settlements if the contract is terminated for the
convenience of the Government. If first article tests reveal deviations
from contract requirements, the Contractor shall, at the location
designated by the Government, make the required changes or replace all
items produced under this contract at no change in the contract price.

\(i\) The Government may waive the requirement for first article
approval test where supplies identical or similar to those called for in
the schedule have been previously furnished by the Offeror/Contractor
and have been accepted by the Government. The Offeror/Contractor may
request a waiver.

*(End of Clause)*

3.2.2.7-4 RESERVED.

3.2.2.7-5 RESERVED.

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

PROTECTING THE GOVERNMENT\'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APRIL 1996)

\(a\) The Government suspends or debars Contractors to protect the
Government\'s interests. The Contractor shall not enter into any
subcontract with a Contractor that is debarred, suspended, or proposed
for debarment unless there is a compelling reason to do so.

\(b\) The Contractor shall require each proposed first-tier
subcontractor, to disclose to the Contractor, in writing, whether as of
the time of award of the subcontract, the subcontractor, or its
principals, is or is not debarred, suspended, or proposed for debarment
by the Federal Government.

\(c\) A corporate officer or a designee of the Contractor shall notify
the Contracting Officer, in writing, before entering into a subcontract
with a party that is debarred, suspended, or proposed for debarment. The
notice must include the following:

\(1\) The name of the subcontractor.

\(2\) The Contractor\'s knowledge of the reasons for the subcontractor
being on the List of Parties Excluded from Procurement Programs.

\(3\) The compelling reason(s) for doing business with the subcontractor
notwithstanding its inclusion on the List of Parties Excluded From
Procurement Programs.

\(4\) The systems and procedures the Contractor has established to
ensure that it is fully protecting the Government\'s interests when
dealing with such subcontractor in view of the specific basis for the
party\'s debarment, suspension, or proposed debarment.

*(End of Clause)*

3.2.2.7-7 Certification Regarding Debarment, Suspension, Proposed
Debarment, and Other Responsibility Matters

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND
OTHER RESPONSIBILITY MATTERS (APRIL 1996)

(a)(1) The Offeror certifies, to the best of its knowledge and belief,
that\--

\(i\) The Offeror and/or any of its Principals\--

\(A\) Are \[ \] are not \[ \] presently debarred, suspended, proposed
for debarment, or declared ineligible for the award of contracts by any
Federal agency;

\(B\) Have \[ \] have not \[ \] within a three-year period preceding
this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state,
or local) contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers: or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property; and

\(C\) Are \[ \] are not \[ \] presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this
provision.

\(ii\) The Offeror has \[ \] has not \[ \] within a three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.

\(2\) \'Principals,\' for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions). THIS CERTIFICATION CONCERNS
A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND
THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY
RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18,
UNITED STATES CODE.

\(b\) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.

\(c\) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this SIR. However, the certification will be considered in
connection with a determination of the Offeror\'s responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror nonresponsible.

\(d\) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.

\(e\) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting
from this SIR for default.

*(End of Provision)*

**3.2.2.8 Describing FAA Needs**

3.2.2.8-1 Material

MATERIAL (APRIL 1996)

\(a\) Unless this contract specified otherwise, the Contractor
represents that the supplies furnished, including all components and
subassemblies are new. For purposes of this clause new means material
that has never been used and is of an age and condition that is and can
be verified as being suitable for safe economical use.

\(b\) New material may include former government property, former
government surplus property, or residual inventory in new condition but:

\(1\) The Contract shall provide the following information to the
government in the offer: complete description of items or components,
name of government agency or other entity material was acquired from,
and date of acquisition.

\(2\) The contractor shall obtain specific written approval from the
contracting officer before using any item of former government or
residual material for performance of this contract.

\(c\) Unless the contract specified otherwise, used or reconditioned
material may be proposed for use in performance of the contract. If the
contractor believes that used or reconditioned material is suitable for
performance of the contract the contractor shall:

\(1\) Provide the following information to the government in the offer:
complete description of the items or components, description of
reconditioning and prior use, name of reconditioned and prior user, date
of original delivery and reconditioning history.

\(2\) The Contractor shall obtain specific written approval from the
contracting officer before using an item or reconditioned or used
material for performance of this contract.

*(End of Clause)*

3.2.2.8-2 Variation in Quantity

VARIATION IN QUANTITY (April 1996)

\(a\) A variation in the quantity of any contract item will not be
accepted unless the variation has been caused by conditions of loading,
shipping, or packing or allowances in manufacturing processes, and then
only to the extent, if any, specified in paragraph (b) below.

\(b\) The permissible variation shall be limited to: \_\_\_\_ % increase
and \_\_\_% decrease \[Contracting Officer insert percentages\]. This
permissible variation shall be limited
to\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \*

\*Contracting Officer insert the designations(s) to which the
percentages apply, such as (1) the total contract quantity, (2) item 1
only, (3) each quantity specified in the delivery schedule, (4) the to
total item quantity for each destination, or (5) the total quantity of
each item without regard to destination.

*(End of Clause)*

3.2.2.8-3 Delivery of Excess Quantities

DELIVERY OF EXCESS QUANTITIES (April 1996)

The Contractor is responsible for the delivery of each item quantity
within allowable variations, if any. If the Contractor delivers and the
Government receives quantities of any item in excess of the quantity
called for (after considering any allowable variation in quantity), such
excess quantities will be treated as being delivered for the convenience
of the Contractor. The Government may retain such excess quantities up
to \$500 in value without compensating the Contractor therefor, and the
Contractor waives all right, title, or interests therein. Quantities in
excess of \$500 will, at the option of the Government, either be
returned at the Contractor\'s expense or retained and paid for by the
Government at the contract unit price.

*(End of Clause)*

3.2.2.8-4 Variation in Estimated Quantities

VARIATION IN ESTIMATED QUANTITY (April 1996)

If the quantity of a unit-priced item in this contract is an estimated
quantity and the actual quantity of the unit-priced item varies more
than \_\_\_\_ percent \[insert percentage\] above or below the estimated
quantity, an equitable adjustment in the contract price shall be made
upon demand of either party. The equitable adjustment shall be based
upon any increase or decrease in costs due solely to the variation above
\_\_\_\_ percent \[insert percentage\] or below \_\_\_\_ percent
\[insert percentage\] of the estimated quantity. If the quantity
variation is such as to cause an increase in the time necessary for
completion, the Contractor may request, in writing, an extension of
time, to be received by the Contracting Officer within 10 days from the
beginning of the delay, or within such further period as may be granted
by the Contracting Officer before the date of final settlement of the
contract. Upon the receipt of a written request for an extension, the
Contracting Officer shall ascertain the facts and make an adjustment for
extending the completion date as, in the judgment of the Contracting
Officer, is justified.

*(End of Clause)*

3.2.2.8-5 Liquidated Damages - Construction

LIQUIDATED DAMAGES - CONSTRUCTION (April 1996)

\(a\) If the Contractor fails to complete the work within the time
specified in the contract, or any extension, the Contractor shall pay to
FAA as liquidated damages, the sum of \$\_\_\_\_\_ \[insert amount\] for
each day of delay.

\(b\) If FAA terminates the Contractor's right to proceed, the resulting
damage will consist of liquidated damages until such reasonable time as
may be required for final completion of the work, together with any
increased costs to FAA in completing the work.

\(c\) If FAA does not terminate the Contractor's right to proceed, the
resulting damage will consist of liquidated damages until the work is
completed or accepted.

*(End of Clause)*

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